This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...) Second, the dichotomy between transcendental and comparative approaches to questions of justice is partly misleading, insofar as any plausible moral doctrine has both transcendental and comparative elements. Transcendental elements are necessary to avoid the confusion between the general acceptance of a norm, value or principle and its justification. A comparative view highlights the conditions of application of the doctrine to the real world, taking into account the possibility of moral dilemmas, evaluative disagreements and limited resources, while proposing possible provisos and caveats to the risk of the doctrine being self‐defeating. Third, although the transcendental approach is useful, it is argued that in elaborating this dichotomy Sen overlooks the merits of the third way between comparative and transcendental doctrines, what he calls “conglomerate theory,” and also the possibility that his doctrine (the capability approach) might be considered as an example of such a theory. The paper concludes with the argument that conglomerate theory does not aim to produce complete moral orderings, but rather a comparative approach with transcendental elements, as a form of weak transcendentalism. (shrink)

One of the biggest challenges of the study and practice of ethics is that of the moral dilemma, e.g. how should a compassionate person deal with injustice? This paper attempts to resolve this thorny issue from the perspective of Buddhist philosophy. I firstly introduce the 14th Dalai Lama’s distinction between act and actor and suggest a way to denounce wrongful acts without harboring hatred towards the perpetrator. Secondly, I argue that the philosophical grounds of this distinction can be traced back (...) to ancient Buddhist texts on Non-Self and Emptiness, which take all things as being in a constant state of change. Thirdly, I point out that a unique feature of the ‘empty ethics’ of Buddhism is that it inspires a middle way approach which allows for congruity between justice and compassion, between the realistic and the idealistic, and between rationality and sentimentality. Based on this, I suggest that it has much to contribute to contemporary ethics. (shrink)

A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...) that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)

One of the lessons of the COVID-19 pandemic is that the lay public relies immensely on the knowledge of public health officials. At every phase of the pandemic, the testimony of public health officials has been crucial for guiding public policy and individual behavior. The reason is simple: public health officials know a lot more than you and I do about public health. As lay people, we rely on experts. This seems straightforward. But the COVID-19 pandemic has shown that public (...) health officials seem undecided as to what, precisely, their role is; are they providing the public information as it presents itself, or are they informing the public in a way that produces a desired or optimal outcome? In this article, I answer the following question: what are public health officials morally obligated to tell the public? As I see it, these are the main options: (1) public health officials should tell the full truth, regardless of outcome; or (2) they should tell partial truths or lies that are aimed to promote a socially optimal outcome. My answer to this question is that public health officials are only allowed to lie under very narrow and rare conditions. -/- . (shrink)

In this paper, I argue that specificationism deprives rights of any significant role in practical reasoning before it arrives at a conclusion, while the generalist conception preserves the practical role we intuitively assign to rights in reasoning directed to action. Assuming that a conception of rights faithful to ordinary practical reasoning is preferable, this fact gives a strong reason to prefer generalism over specificationism, although not without qualification. To be satisfactory from the practical standpoint, any account of rights that adopts (...) the generalist view must include second-order principles to orientate agents with regards to addressing rights conflicts. I show that my practical analysis is substantially different from others available in the literature. (shrink)

What are the main conditions that any theory of human rights should satisfy to guide action? If agents must take action for a fairer world as human rights discourse suggests, this is a crucial question to reflect upon. In this paper, I make a proposal. I argue that any theory of (moral) human rights that guides action on the basis of correlative duties must satisfy three key conditions. The first condition is focused on the specification of act-types, the second concerns (...) the distribution of correlative duties, and the third is focused on the resolution of (resolvable) conflicts of human rights. I show that this proposal has substantive implications because it implies to reject, challenge and, in some cases, resist ideas that are commonly accepted in the literature on human rights. (shrink)

Drawing on the work of Charles W. Mills and considering the case of reparations to Black Americans, this article defends the “structural turn” in the philosophical reparations scholarship. In the Black American context, the structural turn highlights the structural and institutional operations of a White supremacist political system and a long chronology of state-sponsored injustice, as opposed to enslavement as a standalone historical episode. Here, the question whether distributive justice is more appropriate than reparative justice is particularly pressing, since structural (...) racial inequalities form part of the basis for reparations. Derrick Darby’s pragmatic argument for non-race-specific redistributive policies and Tommie Shelby’s principled defense of distributive justice are both considered, as well as the challenge to the structural turn that comes from Carlton Waterhouse’s argument for reparations for enslavement rather than “legacy of slavery” reparations. (shrink)

Many political theorists today appeal to, or assume the existence of, a political culture in which the public values of Western liberal democracies are embedded – a political culture that is necessary to render their ideas plausible and their proposals feasible. This article contrasts this approach with the more ambitious arguments advanced by Jürgen Habermas in his original account of discourse ethics – a moral theory to which, he supposed, all human beings were demonstrably and ineluctably bound by the communicative (...) constitution of collective life. Although these arguments have been largely discredited, I argue that Habermas’ analysis can be enlisted in defence of a weaker claim: namely, that principled commitment to discussion is not always necessary for genuine deliberative engagement to occur. As a result, there may be hope for democratic deliberation in contexts where a liberal democratic political culture is lacking. (shrink)

This article considers the relationship between moral philosophy and constitutional theory through a detailed examination of the work of Jeremy Waldron—an unavoidable voice in contemporary constitutionalist debate. Through a rigorous, original and holistic deconstruction of his work and its philosophical implications, I argue that Waldron’s engagement with core philosophy within his constitutional scholarship is wholly problematic, containing a number of ambiguities and apparent inconsistencies. These issues, I suggest, may stem from an at times rather casual treatment of the realist/anti-realist issue (...) of core philosophy, perhaps owing something to his view that it is in fact safely irrelevant to his constitutional pursuits. In any case, this view, I argue, is misguided, and the problems which result are real: they not only create issues of theoretical consistency and clarity; they put Waldron’s constitutional theory in danger. Like all good tales, I suggest there are lessons to be learned from this: one must think, and think carefully, about the philosophical background of one’s work, and take care in setting this out in a clear, thorough and coherent way—the stakes are too high not to. With this in mind, this article also lays some groundwork for a path into constitutional theory firmly grounded in my own anti-realist moral scepticism. (shrink)

In “Racial Integration and the Problem of Relational Devaluation,” I argue that blacks should reject racial integration on self-protective and solidarity grounds. Integration will intensify the self-worth harms of stigmatization and phenotypic devaluation by leading blacks to more fully internalize their devaluation, and while the integrating process itself might reduce the former, it may well leave in place the latter. In this paper, I reply to the challenges to these arguments presented by Sharon Stanley, Andrew Valls, Elvira Basevich, Michael Merry, (...) and Ronald Sundstrom. (shrink)

In diesem Beitrag argumentieren wir, dass eine umfassende Implementierung sogenannter Nudges weitreichende Auswirkungen für rechtliche und politische Institutionen hat. Die wissenschaftliche Diskussion zu Nudges ist derzeit hauptsächlich von philosophischen Theorien geprägt, die im Kern einen individualistischen Ansatz vertreten. Unsere Analyse bezieht sich auf die Art und Weise, in der sich Anhänger des Nudging neuster Erkenntnisse aus den Verhaltenswissenschaften bedienen – immer in der Absicht, diese für effektives Regieren einzusetzen. Wir unterstreichen, dass die meisten Nudges, die derzeit entweder diskutiert werden oder (...) bereits implementiert sind, nicht Teil eines Rechtssystems sind und keinen normativen Charakter haben. Dazu unterscheiden wir zwischen zwei Idealtypen, um menschliches Verhalten zu beeinflussen, die wir als normativ bzw. instrumentell bezeichnen. Diese Idealtypen stehen für verschiedene Weisen, in denen öffentliche Regeln strukturiert werden können; sie erlauben uns, die institutionellen Implikationen von Nudges zu verstehen und zu bewerten. Hier betonen wir den Wert des Rechts als Absicherung gegenüber den möglichen schädlichen Konsequenzen von in der Politik und Regierungsführung eingesetzten Nudges. Unser Beitrag schließt mit Reaktionen auf einige Einwände, die unsere Vorschläge bereits erhalten haben. (shrink)

In the popular and academic literature on the problems of the so-called attention economy, the cost of attention grabbing, sustaining, and immersing digital medias has been addressed as if it touched all people equally. In this paper I ask whether everyone has the same resources to respond to the recent changes in their stimulus environments caused by the attention economy. I argue that there are not only differences but disparities between people in their responses to the recent, significant increase in (...) the degree and persuasiveness of digital distraction. I point toward individual variance in an agent’s top-down and bottom-up attention regulation, and to further inequality-exacerbating variance in active participation on the internet and in regulating reward-seeking behaviors on the internet. Individual differences in these areas amount to disparities because they have been found to be connected to socioeconomic background factors. I argue that disparities in responding to digital distraction threaten fair equality of opportunity when it comes to digital distraction in the classroom and that they may lead to an unequal contribution of achievements that require complex cognition by people from lower socioeconomic backgrounds. (shrink)

In comparison to Aristotle, Plato's general understanding of law receives little attention in legal theory, due in part to ongoing perceptions of him as a mystic or a totalitarian. However, some of the critical or communitarian themes that have guided theorists since Aristotle find strong expression in Plato's work. More than any thinker until the nineteenth and twentieth centuries, Plato rejects the rank individualism and self-interest which, in his view, emerge from democratic legal culture. He rejects schisms between legal norms (...) and community values, institutional separation of law from morals, intricate regimes of legislation and adjudication, and a culture of rampant litigation. He rejects the alienation of individuals, from each other and from their communities, that is so easily bred within highly complex political and legal systems. An understanding of his approach to some of the classic questions of legal theory provides insight not only into some central ideas of his own thought, but also into the roots of critical and communitarian critiques of law. (shrink)

Despite decades of theorising and empirical research, the problems of corporate governance seem intractable, particularly the relationships between investors and companies. The thought experiment in this paper asks us to look at the problem through a fresh lens. It draws on the quaint British legal custom of calling shareholders “members”, and then uses the political philosopher Michael Walzer’s idea of membership in states, clubs, neighbourhoods, and families to draw lessons for the corporate world. This paper suggests that seeing how Walzer (...) conceives “strangers” in a polity, with fewer rights but a path to membership, lets us rethink shareholder rights as something to be earned, through engagement and commitment, that is, through stewardship. Rethinking what membership of a company might mean points to a pragmatic escape from short-termism without institutional reform. (shrink)

A famous Kant scholar once distinguished two faces of the critical philosophy, one facing the past and less interesting and the other looking forward to the future and still fruitful (Strawson 1966). Rawls's work also has two faces and many of his readers look toward the past, wishing, for instance, that Rawls had been able to provide principles of justice that have the ontological status of categorical imperatives. I thank Andrew Valls for inviting me to clarify points where I diverge (...) from many Rawls scholars. Although this is an academic debate, I believe that the stakes are huge: namely, the future of liberalism in an increasingly interconnected, multicultural world. My response will elaborate how I read Rawls, why I engage Islamic political thought, and how liberals living in Europe or North America may converse with fellow citizens such as Taha Jabir Al-Alwani, who orient themselves politically by the Qur'an rather than, say, the United States Constitution. (shrink)

The idea of the "original position" is one of the most famous concepts in contemporary political philosophy. Since the first publication of A Theory of Justice in 1971, the device of the original position has become a popular theoretical method in many political theorists' writings. Unfortunately, the true meaning of the original position is far from clear both in Rawls's and Rawlsians' accounts. This has caused a lot of misunderstanding and misuse of this concept in contemporary literature. This study attempts (...) to explore the more profound connotation of the original position by sorting out its relationship with Kant's categorical imperative procedure and argues that it is more appropriate to claim that Rawls's original position device is a development of Kant's categorical imperative procedure rather than the standard version of rational choice theory or social contract tradition. I demonstrate three essential similarities between Rawls's original position and Kant's categorical imperative procedure, which embodies Kantian constructivism: justificatory individualism, the reasonable presupposes and subordinates the rational, and the combination of moral and realistic considerations. (shrink)

Sport categorization is often justified by benefits such as increased fairness or inclusion. Taking inspiration from John Rawls, Sigmund Loland’s fair equality of opportunity principle in sport (FEOPs) is a tool for determining whether the existence of an inequality ethically justifies the institution of a new category in any given sport. It is an elegant ethical normative framework, but since FEOPs does not account explicitly for athlete safety (i.e. athlete physical and mental wellbeing), we are left in an ethically dubious (...) situation where the risk of harm associated with a categorization regime might in fact prove to be greater than the risk of harm present within the sport before its introduction. To address this critical gap, I propose the ‘scales of ignorance’ ethical normative framework to weigh the relative risk of harm within a sport, crucially inserting athlete safety into the discourse surrounding ethical justification for categorization in sport. The current paper is the first explicit formulation of assessment and ethical justification of risk of harm in the familiar logic of FEOPs. The scales of ignorance framework can also be used independently of Loland’s approach. Two new concepts are also proposed: ‘insidious risk of harm’ and ‘pernicious risk of harm’. (shrink)

The case for socially responsible business conduct is often made from an economical or ethical perspective with the organization as level of analysis. This article focuses on the relationship between the religious belief of corporate decision makers and socially responsible business conduct. Based on in-depth interviews with 20 Dutch executives from different religious backgrounds, the authors find much inductive evidence of a relationship among their conception of God, norms and values, and business conduct. The authors also find that executives with (...) a monotheistic conception of God display a stronger orientation toward socially responsible business conduct than do executives with a pantheistic conception of God. (shrink)

Journal of Social Philosophy, EarlyView.

In this paper, I will argue that Rawls’s duty of assistance offers an incomplete picture of our international social and economic responsibilities. I will start by presenting the two main interpretations of the ‘Rawlsian circumstances of egalitarian distributive justice’ – the first requiring the existence of a ‘certain kind’ of cooperation, the second the existence of a ‘certain kind’ of interaction with the will – and then show that none of them rules out the applicability of international principles of egalitarian (...) distributive justice. My argument will draw on societies’ participation in the World Trade Organisation (WTO). So, in the second section I will show that even though this organization is not endowed with a centralized coercive authority, its participants are asked to accept significant constraints on their behaviour and are therefore owed a special justification for these constraints. I will also suggest that the alleged voluntariness of this organization may not only be contested (especially when developing societies are involved), but may also not be sufficient to rule out requirements of distributive equality. In the third section, I will show that, as any system of cooperation, the WTO gives rise to requirements of fairness and that, given the purpose it claims to serve, not all inequalities that can be traced back to so-called ‘domestic’ factors can be considered justified. More specifically, I will argue that the fairness of the WTO requires that all its participants be given a fair chance of benefiting from global market competitions, and that this is likely to entail significant egalitarian distributive duties among societies. (shrink)

John Rawls thinks republicanism is compatible with his political liberalism. Philip Pettit insists that the two conflict in important ways. In this paper, I make sense of this dispute by employing David Chalmers’s method of elimination to reveal the meaning underlying key terms in Rawls’s political liberalism and Pettit’s republicanism. This procedure of disambiguating terms will show how the two theories defend the same institutional arrangement on the same grounds. The procedure thus vindicates Rawls’s view of the two theories being (...) compatible. The reason for this compatibility is that both theories are politicized—that is, they are constructed to attract the compliance of all reasonable members of a modern, pluralistic society. (shrink)

Principles of justice, David Estlund argues, cannot be falsified by people’s unwillingness to satisfy them. In his Utopophobia, Estlund rejects the view that justice must bend to human motivation to deliver practical implications for how institutions ought to function. In this paper, I argue that a substantive argument against such bending of justice principles must challenge the reasons for making these principles sensitive to motivational limitations. Estlund, however, provides no such challenge. His dispute with benders of justice is therefore a (...) verbal one over the true meaning of justice, which need not worry those with the intuition that justice should perform a function that requires bending. By focusing on John Rawls’s reasons for bending his justice principles, I point towards a substantive critique of bent justice. (shrink)

A moralised conception of freedom is based on a normative theory. Understanding it therefore requires an analysis of this theory. In this paper, I show how republican freedom as non-domination is moralised, and why analysing this concept therefore involves identifying the basic components of the republican theory of justice. One of these components is the non-moralised pure negative conception of freedom as non-interference. Republicans therefore cannot keep insisting that their freedom concept conflicts with, and is superior to, this more basic (...) concept. I demonstrate how we can use pure negative freedom to formulate the republican theory more precisely. This exercise is more fruitful than the common focus on the alleged conflict between the two freedom concepts. (shrink)

Salomo Friedlaender was a prolific German-Jewish philosopher, poet, and satirist. His Kant for Children is intended to help young people learn about Immanuel Kant’s philosophy. Friedlaender writes, “Morality is inherent in us organically. But its abstract formula should be imprinted on schoolchildren.” Published in 1924, 200 years after Kant’s birth, the book sparked interest in some quarters, attracting the attention of the first Newbery Award winner, Hendrik Willem van Loon, who corresponded with Friedlaender in 1933 requesting an English translation. That (...) didn’t happen. This is the first English translation of the book. During the National Socialist period, Kant for Children troubled the Nazis. They banned Friedlaender’s work. Rebecca Hanf, friend of Ernst Marcus, the philosopher who claimed to have resurrected Kant, recognized that Friedlaender’s Kant for Children could counter the Nazi appropriation of Kant and realign Kant with egalitarianism and anti-fascist politics, meaning the book has contemporary relevance in light of an international resurgence of fascism. A lifelong student of Kant’s works, Friedlaender deserves a wider audience among Kant scholars and students. This first English translation includes an introduction to Friedlaender as well as essays by Paul Mendes-Flohr, Sarah Holtman, Robert Louden, Kate Moran, Krista Thomason, and Jens Timmermann. For translating and editing Kant for Children, Bruce Krajewski received The 2023 Silvers Grant for Work in Progress from the Robert B. Silvers Foundation. The Robert B. Silvers Foundation is a charitable trust established by a bequest of the late Robert B. Silvers, a founding editor of the New York Review of Books, with the aim of supporting writers in the fields of long-form literary and arts criticism, the intellectual essay, political analysis, and social reportage. (shrink)

National University of «Kyiv-Mohyla academy» MEETING THE OTHER AS A CHALLENGE 15th International Conference “Philosophy: the New Generation” Summaries of Reports Kyiv, NaUKMA, April 21–22, 2023 .

One way to think about capitalism-versus-socialism is to examine the extent to which capitalist economic institutions are compatible with the fulfillment of socialist ideals. The late G. A. Cohen has urged that the two are strongly incompatible. He imagines how it would make sense for friends to organize a camping trip, distills the socialist moral principles that he sees fulfilled in the camping trip model, and observes that these principles conflict with a capitalist organization of the economy. He adds that (...) these principles are ethically attractive, so if it is feasible to organize the economy on the camping trip model, we ought to do so. This essay argues to the contrary that for all that has been said, capitalist economic arrangements might be in the set of institutional arrangements that overall would best fulfill the camping trip principles, and anyway, the principles themselves ought to be rejected, so the question whether or not a capitalist set-up might satisfy these principles should not interest us. The grounds for rejecting the camping trip principles support a form of welfarist consequentialism that denies that equality of distribution of any sort is per se ethically desirable and also denies that liberal freedoms to live as one chooses are per se morally desirable. Equality and freedom should rather be regarded as in the light of possible means (or hindrances) to advancing good for people, fairly distributed. (shrink)

Liberalism generally holds that legitimate political power is limited and is to be impartially exercised, only for the public good. Liberals accordingly assign political priority to maintaining certain basic liberties and equality of opportunities; they advocate an essential role for markets in economic activity, and they recognize government's crucial role in correcting market breakdowns and providing public goods. Classical liberalism and what I call “the high liberal tradition” are two main branches of liberalism. Classical liberalism evolved from the works of (...) Adam Smith and the classical utilitarian economists; its major 20th century representatives include Friedrich Hayek and Milton Friedman. The high liberal tradition developed from John Stuart Mill's works, and its major philosophical representatives in the 20th century are John Dewey and, later, John Rawls. This paper discusses the main distinguishing features of the classical and the high liberal traditions and their respective positions regarding capitalism as an economic and social system. Classical liberals, unlike high liberals, regard economic liberties and rights of private property in productive resources to be nearly as important as basic liberties. They conceive of equality of opportunity in more formal terms, and regard capitalist markets and the price system as essential not only to the allocation of production resources, but also as the fundamental criterion for the just distribution of income, wealth, and economic powers. High liberals, by contrast, regard the economic liberties as subordinate to the exercise of personal and civic liberties. They are prepared to regulate and restrict economic liberties to achieve greater equality of opportunities, reduce inequalities of economic powers, and promote a broader conception of the public good. And while high liberals endorse markets and the price system as essential to allocation of productive resources, they do not regard markets as the fundamental criterion for assessing just distributions of income, wealth, and economic powers and positions of responsibility. The paper concludes with some reflections upon the essential role that dissimilar conceptions of persons and society play in grounding the different positions on economic justice that classical and high liberals advocate. (shrink)

Investigates, by way of Derrida's engagements with Kant, how the foundations of modern constitutionalism can be differently conceived to address some of the challenges of the twenty-first century.

Diversity is a fact of the social world; however, it can also be a problem if it leads to the valorisation of ethnic or racial identities. The social structures that inform the problems that arise from differences are based on historical, geographical, social, political, and economic stratifications; as well as on thought paradigms that either explicitly or implicitly promote the proliferation of binaries between “us and them”. We argue that an uncritical uptake of the African philosophy of ubuntu may inadvertently (...) support negative identity binaries. Particularly, we argue that a conception of ubuntu premised on unity is – paradoxically – in danger of fostering disunity between communities. In place of “unity”, we explore, and argue for, an interpretation of ubuntu premised on “relationality”. Specifically, we argue that “relationality” is capable of incorporating both identity and difference. (shrink)

Philosophical anthropology aims to discover what makes us human, but it has produced accounts that exclude some members of our species. It relies often on a non-naturalistic “philosophy of consciousness” and locates humanity in the cognitive capacity to objectively represent things, to reason teleologically and use tools, to use symbols and language, or to be self-conscious and question existence. This work pursues an alternative, thoroughly naturalistic philosophical anthropology in the tradition of Arnold Gehlen. Combining Gehlen’s theory of our behaviorally-detached and (...) culturally-determined impulses with Maurice Merleau-Ponty’s views on intersubjectivity, affect, sexuality, and social institutions, the present work locates the human within the unique structure of human feeling. This produces a truly inclusive account of “the human as the other” or Homo alter. The human is deeply and thoroughly dependent on affective, bodily, communicative bonds, in which others appear as sources of meaning, norms, pleasure, and approbation and disapprobation. This socio-biological account of the human makes institutionality central to our form of life but rejects any political anthropology that attempts to use human nature to prescribe a necessary form to institutions such as the home. Such a social and affective account of the human produces a novel approach to the affect of shame as the feeling of institutional rejection. Ultimately, this work uses philosophical anthropology to combat dehumanization. Our unique form of dependency on others and institutions is present, for example, in infants and the severely disabled who may not possess the forms of consciousness and cognition that traditionally are identified with being human. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is the (...) means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

David Estlund’s Democratic Authority develops a novel doctrine of “normative consent,” according to which the nonconsent of those with a duty to consent is null. This article suggests that this doctrine can be defended by confining it to contexts involving consent to an authority, which raise distinctive normative challenges, but argues that Estlund’s attempt to deploy the doctrine fails, for it does not provide convincing reasons to think that citizens have any duty to consent. In closing, the article suggests that (...) the doctrine of normative consent might yet do some useful work in a quite different theoretical setting. (shrink)

Spitale et al. (2024) address a public health ethics question of great importance: How should governments communicate with the public during public health emergencies? The article highlights severa...

Pareto principles are at the core of ethics and decision theory. The Strong Pareto principle says that if one thing is better than another for someone and at least as good for everyone else, then the one is overall better than the other. But a host of famous figures express it differently, with ‘not worse’ in place of ‘at least as good.’ In the presence of parity (or incommensurability), this results in a strictly stronger Pareto principle, which I call Super‐Strong (...) Pareto. Super‐Strong Pareto, however, yields cyclic betterness and is therefore false. I point out a number of influential arguments—concerning population ethics, collective action problems, and decision‐making in the face of parity and uncertainty—that crucially rely on Super‐Strong Pareto and are therefore unsound. I then turn to the most influential argument against the possibility of parity—Broome's collapsing argument—and argue that it likewise relies on Super‐Strong Pareto reasoning and is therefore question‐begging. Finally, I turn to the much‐neglected question of how to justify Strong Pareto. The answer I arrive at, which emphasizes tie‐breaking, yields a striking insight, namely that Super‐Strong Pareto amounts to the denial of insensitivity to mild sweetening. That is what makes it problematic in the presence of parity. (shrink)

Ethical debates around genetic enhancement tend to include an argument that the technology will eventually be fairly accessible once available. That we can fairly distribute genetic enhancement has become a moral defence of genetic enhancement. Two distribution solutions are argued for, the first being equal distribution. Equality of access is generally believed to be the fairest and most just method of distribution. Second, equitable distribution: providing genetic enhancements to reduce social inequalities. In this paper, I make two claims. I first (...) argue that the very assumption that genetic enhancements can be distributed fairly is problematic when considering our understanding of gene–environment interactions, for example, epigenetics. I then argue that arguments that genetic enhancements are permissible because the intended benefits can be distributed fairly as intended are misinformed. My first claim rests on the assertion that genetic enhancements do not enhance traits in a vacuum; genes are dependent on conducive environments for expression. If society cannot guarantee fair environments, then any benefit conferred from being genetically enhanced will be undermined. Thus, any argument that the distribution of genetic enhancements will be fair and that the technology is therefore morally permissible, is mistaken. (shrink)

This special section on the later work of Paul Ricoeur is an attempt to examine the fruitfulness of that work for the social sciences. Of particular interest are his theorization and application of the notions of memory, identity, justice, and the relation to the other to political and ethical problems in the present. For example, his discourse links up the question of memory with that of justice and the problem of constructing new polities which can be considered just. To do (...) this, he introduces the concepts of ‘translation ethos’, the ‘exchange of memories’ and ‘non-forgetful forgiveness’ in order to examine the problem of the conditions for the imaginary construction of political entities in which dialogue can take place between interlocutors with different, maybe conflicting, interests and historical locations, and thus with different senses of belonging and identities. His philosophical apparatus is shown to have particular salience for the analysis of contemporary society. (shrink)

Many agents have failed to comply with their responsibilities to take the action needed to avoid dangerous anthropogenic climate change. This pervasive noncompliance raises two questions of nonideal political theory. First, it raises the question of what agents should do when others do not discharge their climate responsibilities. (the Responsibility Question) In this paper I put forward four principles that we need to employ to answer the Responsibility Question (Sections II-V). I then illustrate my account, by outlining four kinds of (...) action that should be undertaken (Section VI). Pervasive noncompliance also raises a second question: Given the lack of progress in combating climate change, should existing governance structures be maintained or changed (and if they should be changed, in what ways)? (the Governance Question). The paper briefly outlines a methodology for addressing this question and outlines what a nonideal response to the existing institutional structures would be (Section VII). It does so with reference to the Paris Agreement, and in particular the creation of a "global stocktake" (Article 14, Paris Agreement) and the "facilitative dialogue" (paragraph 20 of the ‘Adoption of the Paris Agreement’). The aim, then, is to set out an account of a nonideal theory of climate justice. (shrink)

The term “social world” is increasingly familiar in philosophy and political theory. Rawls uses it quite often, especially in his later works. But there has been little explicit discussion of the term and the idea of social worlds. My aim in this paper is to show that political philosophers, Rawlsian or not, should think seriously about social worlds and the roles these things play and ought to play in their work. The idea of social worlds can help political philosophers think (...) about what they do in new and fruitful ways and enrich debates about the roles, aims, and methodology of political philosophy. I begin by analyzing Rawls’s uses of “social world.” I then propose a broadly Rawlsian conception of social worlds as logically possible closed networks of social relations between agents. Next, I put this conception to work, arguing that the idea of navigating the landscape of social worlds can help us better understand the four apparently disparate roles of political philosophy that Rawls presents. Moving beyond Rawls interpretation, I use the idea of social worlds to develop an analogy and distinction between world-oriented and principle-oriented approaches to political philosophy. While principle-oriented approaches grant centrality and importance to engagement with principles of justice, legitimacy, or other political concepts, world-oriented approaches grant centrality and importance to engagement with social worlds. I propose two examples of world-oriented approaches, political philosophy as navigation and political philosophy as world-building, and argue that they are viable and worthy of further consideration. (shrink)

Contemporary political philosophy often operates on a ‘two-tiered’ theoretical treatment of global politics, on which domestic political systems and the principles governing their internal...

Gerald Cohen's critique of John Rawls's theory of justice is that it is concerned only with the justice of social institutions, and must thus arbitrarily draw a line between those inequalities excluded and those allowed by the basic structure. Cohen claims that a proper concern with the interests of the least advantaged would rule out 'incentives' for 'talented' individuals. I argue that Rawls's assumption that the subject of justice is the basic structure of society does not arbitrarily restrict the concerns (...) of political justice, as Cohen claims. Further, I argue that it does not allow 'deep' inequalities within a just basic structure. When properly understood, Rawls's theory of justice is strongly egalitarian, taken as a theory of fairness in the way the burdens and benefits of social cooperation are distributed, even if it is not as egalitarian as Cohen wishes. (shrink)

Just war theory − as advanced by Michael Walzer, among others − fails to take war seriously enough. This is because it proposes that we regulate war with systematic rules that are comparable to those of a game. Three types of claims are advanced. The first is phenomenological: that the theory's abstract nature interferes with our judgment of what is, and should be, going on. The second is meta-ethical: that the theory's rules are not, in fact, systematic after all, there (...) being inherent contradictions between them. And the third is practical: that by getting people to view war as like a game, the theory promotes its ‘aestheticization’ (play being a central mode of the aesthetic) such that those who fight are encouraged to act in dangerous ways. And war, it goes without saying, is already dangerous enough. (shrink)

Angela Ballantyne (2010) argues that international research is exploitative when the transactions between researchers and participants who lack basic goods do not provide participants with the maxi...

(2010). Response to Open Peer Commentaries on “How to Do Research Fairly in an Unjust World”. The American Journal of Bioethics: Vol. 10, No. 6, pp. W4-W6.

National governments have failed spectacularly to mitigate anthropogenic climate change and a sustainable approach to mitigation remains out of sight. This circumstance alone demonstrates t...

This paper argues that the diversity of conflicting comprehensive doctrines in liberal pluralist societies raises a problem of estrangement between citizens and the basic structure of society that Rawls' version of political liberalism does not successfully solve. 'Political estrangement' occurs when someone refuses to accept a political outcome that favors a comprehensive doctrine she rejects, based on what she imagines, correctly or incorrectly, to be true of her fellow citizens' comprehensive doctrines and their effect on political outcomes. Rawls argues that (...) the political conception of justice and the use of public reason ensure the incompatibility of our comprehensive doctrines will not undermine our willingness to to accept political decisions contrary to our own values. However, public reason does not guarantee this result. Imagination can allow us to see that the influence of some reasonable comprehensive doctrines can lead to oppressive political outcomes and public reason restricts us from addressing this fact. Yet, widening public reason to account for this problem is likely to increase the conditions that cause estrangement. The paper concludes that the political conception of justice and public reason may sometimes fail to adequately justify political outcomes in the sense Rawls hopes. (shrink)

Abstract This paper develops an explanationist treatment of the problem of the criterion. Explanationism is the view that all justified reasoning is justified in virtue of the explanatory virtues: simplicity, fruitfulness, testability, scope, and conservativeness. A crucial part of the explanationist framework is achieving wide reflective equilibrium. I argue that explanationism offers a plausible solution to the problem of the criterion. Furthermore, I argue that a key feature of explanationism is the plasticity of epistemic judgments and epistemic methods. The explanationist (...) does not offer any fixed judgments or methods to guide epistemic conduct; even the explanatory virtues themselves are subject to change. This feature of explanationism gives it an advantage over non-explanationist views that offer fixed epistemic judgments and epistemic methods. The final section of this paper responds to objections to explanationism. (shrink)

Richard Arneson argues that Fair Equality of Opportunity should be rejected, since it is not only too weak and too strong, but also problematically meritocratic. The paper aims to defend FEO, and argues that it is not too weak, since, pace Arneson, it does apply to the problem of stunted ambition. The argument from meritocracy is shown to be based on a conflation of different senses of meritocracy. Finally, it is shown that FEO, correctly interpreted, gives intuitive answers to the (...) examples put forward to bolster the too strong charge. It is concluded that Arneson’s refutation of FEO fails. (shrink)

This paper assesses Brian Barry's attempt in Why Social Justice Matters to argue the importance of social justice. Barry seeks to dismiss the ideological misunderstandings that have prevented recognition of the importance of social justice. He also suggests that a robust conception of social justice will be needed to guide policies that solve the problems of the modern world. I argue that the issue of social justice has suffered neglect because of the influence of different ideas of social justice than (...) Barry's rather than a misunderstanding among politicians and media pundits of generally shared intuitions of justice. These different ideas of justice must be shown to be wanting. In doing this, I argue that any adequate theory of social justice must address the issue of the fairness of starting points in peoples' lives. I point out that any such theory requires such revolutionary change that it contradicts the presuppositions of public policy and thus cannot serve to guide public policy solutions to the problems that Barry wants addressed. I argue that a 'non-ideal' theory of justice and principles for making unjust societies fairer, with more modest proposals for change, will better serve as a guide to public policy. (shrink)