The fact that debunkers can turn to the argument from disagreement for help is ofcourse not a surprise. After all, both types of challenge basically pursue the same,skeptical conclusion. What I have tried to show, however, is that they are related in amore intimate way.

G. A. Cohen’s Rescuing Justice and Equality proposes that both concepts need rescuing from the work of John Rawls. Especially, it is concerned with Rawls’ famous second principle of justice according to which social primary goods should be distributed equally unless an unequal distribution is to the benefit of the worst off. The question is why this would ever be necessary if all parties are just. Cohen and I agree that Rawls cannot really justify inequalities on the basis given. But (...) he also thinks equality is the correct analysis of justice, though he provides no actual direct arguments for this. He does, however, provide a striking analytical argument claiming that fundamental principles of justice must be fact insensitive, and that Rawls’s view of justice violates this requirement. I argue that the requirement is itself misconceived and that principles of justice cannot possibly be fact insensitive in the sense developed by Cohen. Few philosophers share this view of Cohen’s—which I argue is due to several conceptual mistakes. With these ironed out, the contractarian view, broadly speaking, is seen to be plausible and powerful. Meanwhile Cohen appears to embrace intuitionism, a stance that cannot possibly be acceptable in social philosophy. In the end, Cohen is successful in arguing that Rawls cannot have what he wants, but neither is Cohen successful in claiming that justice is equality. (shrink)

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)

I defend a neo-Kantian view wherein we are capable of being completely autonomous and impartial and argue that this ability can ground normativity. As this view includes an existentialist conception of the self, I defend radical choice, a primary component of that conception, against arguments many take to be definitive. I call the ability to use radical choice “existentialist voluntarism” and bring it into a current debate in normative philosophy, arguing that it allows that we can be distanced from all (...) ends at once so as to be completely impartial. Finally, I indicate how this can be the source of normativity as it provides a purely impartial reason for being rational. (shrink)

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)

This article argues that, suitably modified, the method of reflective equilibrium is a plausible way of selecting moral principles. The appropriate conception of the method is wide and radical, admitting consideration of a full range of moral principles and arguments, and requiring the enquiring individual to consider others' views and undergo experiences that may offset any formative biases. The individual is not bound by his initial considered judgments, and may revise his view in any way whatsoever. It is appropriate to (...) describe the method as a balance between coherentism and fallibilist foundationalism. With these points in mind, various criticisms, including the claims that considered judgments are not initially credible and are shaped by prejudice, and that the method itself fails to determine principle selection, are challenged. (shrink)

This article develops the argument that non-cosmopolitan considerations of justice justify relief of sovereign debt for highly indebted poor states. In particular, the article claims that considerations of national determination warrant some debt-forgiveness in the backdrop of unfair terms of global interaction. In a context of inequality, poor countries cannot generally afford to disregard the costs of ignoring the interests of the wealthiest states. Patterns of unbalanced interaction undermine national self-determination by limiting the poor countries' effective capacity to choose between (...) different policies to achieve development and other worthy goals. In concrete, this article suggests that unequal terms of interaction constrain national self-determination by making of sovereign debt an 'escape mechanism' in the absence of rival alternatives to palliate the effects of underdevelopment and related afflictions, despite the causes of sovereign debt being partly domestic, possibly. Thus, this paper views national self-determination as dependent on the availability of acceptable (non-unbearably burdensome) policy options on the part of states. (shrink)

The concept of a society is central to several areas of philosophy, including social and political philosophy, philosophy of social science and moral philosophy. Yet little attention has been paid to the concept and we do not have an adequate philosophical account of it. It is a concept that is difficult to explain systematically, and it is subject to distortion or simple-minded attacks whenever it plays a major role in a philosophical theory. Methodological individualists have raised metaphysical or ontological concerns (...) about the idea that there are such things as societies, and other philosophers have found the concept of a society to be unacceptably vague. For these reasons, I believe it worthwhile to devote this essay to an attempt to explain the concept. (shrink)

It is commonly recognized that not all actions are candidates for moral evaluation. For instance, morality is silent on the issue whether to tie one's right shoe before one's left shoe or the other way around. This shoe-tying action is not a candidate for moral appraisal. The matter is amoral, for neither alternative is morally required nor forbidden, and both are permissible. It is not commonly recognized that not all actions are candidates for prudential evaluation. I shall argue, however, that (...) there are cases of individual action over time, as well, that are aprudent in the sense that none of the alternatives under consideration are required or forbidden by prudence, but all of them are permissible. These are cases in which there is no fact of the matter as to what is the best choice for one. There are at least two such cases: first, cases in which the alternative courses of action open to one are incommensurable; and second, cases in which one's values are not yet determined and one is deciding what values to adopt, what sort of person to become, or what ideals to pursue. In these cases, prudence is silent on the question of what one ought to do. Indeed, I go on to argue prudence can even be silent on the question whether to act according to the values one currently holds or to pursue an entirely different course that will result in changes to one's values, which is the third case of aprudent choice. (shrink)

Respect is a cardinal virtue in schools and foundational to our common ethical beliefs, yet its meaning is muddled. For philosophers Kant, Mill, and Rawls, whose influential theories span three centuries, respect includes appreciation of universal human dignity, equality, and autonomy. In their view children, possessors of human dignity, but without perspective and reasoning ability, are entitled only to the most minimal respect. While undeserving of mutual respect they are nonetheless expected to show unilateral respect. Dewey and Piaget, scions of (...) the same liberal tradition, grant children a larger degree of autonomy and equality thereby approximating the full respect conditions reserved for adults in the prior theories. In this article, after reviewing the premises of respect, I attempt to blend the divide - between minimal and full respect - by separating respect-due from respect-earned . While the former, premised on human dignity, should be granted unconditionally to all, the latter is contingent upon qualities that one possesses or acquires over time. Adding the notion of respect-due is a constraint on the prevalent school practice of turning respect into demands for deference. The relevance of this distinction is discussed in terms of student-teacher relationships. (shrink)

(1998). Staging the self by performing the other: Global fantasies and the migration of the projective imagination 1. Cultural Values: Vol. 2, No. 2-3, pp. 288-304.

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 (...) secure rights through a social contract. Recognition, which involves identifying with or seeing ourselves as others, is the key to establishing the scope of justice, and we argue that this scope extends to all humans—even the so-called marginal cases—but not to other animals. If this is correct, then we have a principled reason for why all humans have certain rights that other animals lack. (shrink)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

A conception of the person as a subjective being plays a crucial, though frequently overlooked, role in the justification of unequal property in liberal theories. Unger's ascription of individualism to general liberal legal theory can be concretely defended with respect to liberal theories of property. Identifying a common fundamental structure calls in question the conventional view that the liberal legal theories rest on an ensemble of different moral foundations. So important is subjective personality to the moral basis for highly unequal (...) property that such property looks to be morally untenable if this concept of the person is invalid. The analysis points to social theory of personality as a major direction for research into an alternative theory of egalitarian property right. (shrink)

In the history of liberal theories of property, the predominant model deduces a right to highly unequal amounts of property from a premise that the person is primarily independent and self‐determined. But modem social theory, communitarianism and critical legal theory have generated strong support for an alternative premise of social self‐determination of the person. These theories have not, however, adequately explored the logical implications of social personality for the justifiable degree of equality of income under property right. This study reasons (...) a right to some significant equalization of income from a premise that the individual is socially self‐determined. The supporting argument develops a different concept of social personality than found in prevailing social and communitarian theories. With regard to property, it is particularly important to conceptualize the formation of the individual by and within the system of economic relations. The personological premises are also developed differently from Marx's analysis, which overemphasizes the production side of the economy. The present analysis examines the individual in the consumption side as well. But in contrast to the subjective‐individualist conception of the consumer in neoclassical economic theory, we will utilize a conception of socially self‐determined consumer wants and self‐seeking. This social‐personological premise proves to have strong egalitarian implications for the distribution of income under property rights. (shrink)

I defend traditional aesthetics against sociological criticism. I argue that “historicist” approaches are not supported by arguments and are intrinsically implausible. Hence the traditional ahistorical philosophical approach to the judgment of taste is justified. Many Marxist, feminist and postmodernist writers either eliminate aesthetic value or reduce it to their favourite political value. Others say that they merely want to give a historical explanation of the culturally local phenomenon of thinking in terms of the aesthetic. As a preliminary, I point out (...) that the conception of the aesthetic these theorists operate with is a straw man. In particular, Kant would have rejected it. I then point out that the empirical evidence does not support their historicist views. Most sociological theorists adduce no evidence, thinking their view obviously correct. Where evidence is adduced, the evidence has little connection with their general historicist conclusions. Lastly, I put pressure on the historicist view, first by appealing to the enormity of the error attributed to ordinary people, and second by appealing to the inevitability of pragmatic inconsistency by those who assert the view. I conclude that traditional philosophical aesthetics was right to be ahistorical. (shrink)

ABSTRACT“How should a person lead her life?” The purpose of this paper is to suggest some principles (not a complete list) which will serve us ‘intellectual instruments’ for assessing forms of life. These principles are utilitarian in nature, and, as I will argue, essential to a reasonably rich account of personal well-being. The principles suggested are not instrumental, that is, they determine the worthiness of a form of life led by an agent irrespective of whether it satisfies her existing desires (...) and meet her actual preferences. Hence, I will argue that a person can be deprived, that is, categorically deprived, even when most of her desires are satisfied. In the last section of the paper I will argue for the role of education in ‘initiating’ the agent into worthy forms of life, and hence evading the charge of categorical deprivation and that of irrationality. (shrink)

On one predominant conception of virtue, the virtuous agent is, among other things, wholehearted in doing what she believes best. I challenge this condition of wholeheartedness by making explicit the connections between the emotion of boredom and the states of continence and akrasia. An easily bored person is more susceptible to these forms of disharmony because of two familiar characteristics of boredom. First, that we can be – and often are – bored by what it is that we know would (...) be best to do, and second, that occurrent states of boredom tend to give rise to positive interest in performing actions that we know are bad to perform. Moreover, while a person’s susceptibility to boredom can indicate a lack of attentiveness or acuity, or be evidence of a vice such as ingratitude or shallowness, it can in others indicate positive qualities of character, such as perspicacity, liveliness, and certain forms of intelligence. Upon imagining certain bored akratics without the psychological qualities that give rise to their boredom, we will either imagine them without these positive qualities, or with others that – though perhaps psychologically possible – are not clearly better. This yields the result that a person who is continent or even akratic because of her susceptibility to boredom may have a character no less excellent than that of the wholehearted agent. (shrink)

It often appears that the most appropriate form of addressing disadvantage related to disability is through policies that can be called “status enhancements”: changes to the social, cultural and material environment so that the difficulties experienced by those with impairments are reduced, even eradicated. However, status enhancements can also have their limitations. This paper compares the relative merits of policies of status enhancement and “personal enhancement”: changes to the disabled person. It then takes up the question of how to assess (...) the priority of the claims of disabled people in the face of scarcity of resources for which there can be many competing social claims, arguing for the theory of “declustering disadvantage”. (shrink)

What distinguishes preference utilitarianism from other utilitarian positions is the axiological component: the view concerning what is intrinsically valuable. According to PU, intrinsic value is based on preferences. Intrinsically valuable states are connected to our preferences being satisfied.

Diversity has been an articulated priority in library and information services for some time, with underrepresentation and recruitment having been central to diversity goals in the profession. However, among librarians, the level of representation of members of minority groups continues to be well below that of the population overall. The extent to which diversity efforts have been undertaken in libraries is not well-documented, as a part of the overall limited amount of original research in this area, thus providing little basis (...) for indicating success in achieving diversity-related goals in recruitment, diversifying collections, or enhancing organizational climates. Of the limited empirical research on diversity in the profession, little has addressed the bases for the limited progress. The explanations for the limited progress have included the pervasiveness of racism and discrimination, lack of commitment in the profession, as well as the suggestion of a lack of a pipeline of individuals from minority groups to be recruited into the profession .Building on prior discussions that have attempted to further explain the limited progress, the article focuses on the fact that many aspects of the competing rationales in favor of and against diversity and preceding concepts, from slavery, the women's suffrage movement, and the mid-20th century case of Brown v. Board of Education, through later 20th and 21st century civil rights cases, have framed the issues in ethical terms. The potential implications of the emphases on the ethical dimensions of the diversity rationales include the limited progress on diversity goals and the inability to identify common ground among those on competing sides of the debates. (shrink)

The ArgumentEugenics is generally regarded as evil; but what was its sin? Racism, class bias, and violation of reproductive freedom, which tainted objectionable eugenic interventions, are not part of the core notion of eugenics. A number of candidates have been suggested as the wrong inherent in eugenics, ranging from statism to the impossibility of consensus on the ideal human being. It is most plausible to view eugenics as sharing moral dilemmas with much of public health, and the critical issues as (...) those of distributive justice. (shrink)

Evolutionary ethics posits the evolution of dispositions to love self, kin, and friend. Christianity claims that God's ethical demand is to love one's neighbor. I argue that the distance between these two positions can be interpreted theologically as original sin, the disposition to disobey God's command and practice self-love and nepotism rather than neighbor-love. Original sin requires Incarnation and Atonement to unite God and humanity. The ancient doctrine of the Atonement as educative does not invoke the Fall. Its revival may (...) help reconcile Christianity and evolutionary ethics. (shrink)

Many observers claim that business has become a powerful force in medicine and that the future of health care cannot escape that reality, even though some scholars lament it. The U.S. recently experienced the most devastating recession since the Great Depression. As health care costs rise, we face additional pressure to rein in health care spending. We also have important new legislation that could well mark a significant shift in how health care is provided and who has access to care, (...) namely the Affordable Care Act. These changes underscore the need to bring new thinking to the conversation about health care and to move beyond conceptual and practical obstacles that inhibit our progress.In this paper we do not to claim to have solutions. Rather, our aim is to try to identify some obstacles to fostering a better conversation about the future of health care and to envisioning a better health care system. (shrink)

Patricia White; Self-respect, Self-esteem and the ‘Management’ of Schools and Colleges, Journal of Philosophy of Education, Volume 21, Issue 1, 30 May 2006, Pag.

In this paper the authors argue that the exploration of the nature of needs and rights should begin with the actually existing organization of care and of justice in society. The authors raise two key concerns with this organization: 1) the invisibility of care to some, and 2) the inaccessibility of rights to others. Recent work by care scholars has called attention to the ways the current organization of care work perpetuates the myth of self-sufficiency for some, while reducing others (...) to mere dependents. Law and Society scholars have demonstrated the problems of uneven access to legal remedies within the current organization of the legal system. Addressing these concerns simultaneously reveals both the problems of the current organization of needs and rights as well as illuminating alternative possibilities. The authors argue, first, that a justice perspective, based on rights is inadequate because its presumed universality is belied by the reality of the inaccessibility of rights to many. Second, the authors argue that a care perspective, currently formulated upon the assumption that only some people have needs, is also flawed because its presumed particularity distorts the human experience and subsequent policies. Instead, the authors need to conceive of care in a public way that permits both rights and needs to be understood as applicable to all. The authors propose some initial thoughts about how to create such a public concept of care. (shrink)

The behavior of individuals currently living will generally have long-term consequences that affect the well-being of those who will come to live in the future. Intergenerational interdependencies of this nature raise difficult moral issues because only the current generation is in a position to decide on actions that will determine the nature of the world in which future generations will live. Although most are willing to attach some weight to the interests of future generations, many would argue that it is (...) not necessary to treat these interests as equivalent to those of the current generation. A common approach in this context is to use a system of discounting to evaluate future benefits and harms. This paper assesses the logic of discounting drawing on the writings of economists and philosophers. Much of the economic literature concerns the choice of an appropriate social discount rate. The social discount rate can be taken to reflect beliefs about the rights of future generations, a subject that has been extensively debated in the phioosophic literature. The writings of both economists and philosophers concerned with the weight to attach to the interests of future generations are reviewed and evaluated in this paper and the implications for environmental policy are discussed. (shrink)

: This paper explicates and defends the thesis that individual rational judgment, of the kind required for justification, whether in cognition or in morals, is fundamentally socially and historically conditioned. This puts paid to the traditional distinction, still influential today, between ‘rational’ and ‘historical’ knowledge. The present analysis highlights and defends key themes from Kant’s and Hegel’s accounts of rational judgment and justification, including four fundamental features of the ‘autonomy’ of rational judgment and one key point of Hegel’s account of (...) ‘mutual recognition’. These themes are linked to Kant’s and Hegel’s transformation of the modern natural law tradition. The results explain why Kant’s and Hegel’s philosophy are indeed the origins of the properly pragmatic account of rationality, why the pragmatic account of rationality provides genuine rational justification and why this pragmatic account of rational justification is consistent with realism about the objects of empirical knowledge and with strict objectivity about moral norms. > Russian translation : Nelly Motroshilova, ed., К 200-летию выхода в свет «Феноменологии духа» Гегеля, 195–219. > Turkish translation : ‘Hegel’in Tinin Görüngübilimi’nde Karşihkh Onanma ve Ussal Gerekçelendirme’. MonoKL 4–5 :212–231. (shrink)

According to current definitions of civil disobedience, drawn from the work of John Rawls and Carl Cohen, eco-saboteurs are not civil disobedients because their disobedience is not a form of address and/or does not appeal to the public's sense of justice or human welfare. But this definition also excludes disobedience by a wide range of groups, from labor activists to hunt saboteurs, either because they are obstructionist or because they address moral concerns other than justice or the public weal. However (...) earlier definitions of civil disobedience were not so narrow. I review the development of the current definition and the circumstances of its acceptance. I argue that the circumstances which help to explain the attractiveness of the Rawls/Cohen formulations in the 1970s are no longer applicable and that the question of civil disobedience should be revisited. I suggest a wider definition according to which at least some types of eco-sabotage would be civil disobedience. (shrink)

: This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count subordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.

This essay considers whether liberal political theory has tools with which to count gender, and so gender relations, as political. Can liberal political theory count sub-ordination among the harms of sex inequality that the state ought to correct? Watson defends a version of deliberative democracy—liberalism—as able to place issues of social inequality in the form of hierarchical social identities at the center of its normative commitments, and so at the center of securing justice.

Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just social order.

A familiar move that philosophers of sport make in the debate on the doping-issue is to reject from the start the argument that doping comes down to cheating. The claim that doping is cheating is often rebutted with the argument that doping is only cheating when one accepts that the use of doping is unjustified in itself. In this paper I want to argue that putting aside the cheating-argument in this way comes, first, too easy, because essential complexities of what (...) cheating is, are neglected. And, second, it comes too soon, because spelling the cheating argument out throws new light on the debate about matters of justifying the rules and criteria concerning doping. I will confine myself in this paper to the claim that it is in any case the institutional authorities that professional athletes cheat on. The relations with other parties that apparently can be claimed to be cheated upon also, such as other athletes in competition, are left out. The argument from cheating takes its starting point from a principle of fidelity, taken from Scanlon. By this principle the morally acceptable conduct of those taking part in a practice is grounded in the way reciprocal expectations are raised between parties to the practice. I apply this principle to the relation between athletes and institutional authorities in sport practices. This argument can take the cheating argument to a new level of seriousness, especially in the sense that the arguments treated here support a plea for democratization of the procedures and a larger role of the sportsmen and sportswomen themselves, or so I will defend. (shrink)

Why should members of societies engaging in humanitarian intervention support the costs of that project? It is sometimes argued that only a theory of natural duty can require their support and that contractualist theories fail because they are exclusionary. This article argues that, on the contrary, natural duty is inadequate as a basis and that contractualism provides a basis for placing support for (justified) interventions among the duties of citizenship. The duty to support intervention is not, therefore, a competitor (of (...) indeterminate weight) to our duties to compatriots, since it rests on the same basis. That is because exclusive citizenship can be justified only if social contracts can be iterated elsewhere and successful societies therefore owe assistance to societies that are immobilized by state abuse or state failure. (shrink)

“Big ticket” items in medicine pose a moral puzzle. We can call it the “Coby Howard puzzle,” after the boy whose need for an expensive bone marrow transplant forced Oregonians to reassess their policy of prohibiting this and other expensive “big ticket” procedures in favor of more low-tech, apparently cost-efficient interventions. The Oregon rationing debate was stimulated by the concern that expenditures on “big ticket” medical treatments for life-threatening disease were coming at the expense of low-tech, preventive “basic” care like (...) immunizations, wellbaby clinics, and prenatal care.Another recent example was the public controversy over expenditures of over $1,800 per day on a project to try to separate Siamese twins conjoined at the heart. The physicians, prior to the procedure, claimed there was a one percent chance of success. It was reported that 50,000 children in Philadelphia could be immunized at the cost of that innovative therapy. Cost-benefit analysis suggests that much greater good would be done in the long run if we ignored the expensive, long-shot, high-risk projects and focused on basic medical needs. (shrink)

It is plausible that what possible courses of action patients may legitimately expect their physicians to take is ultimately determined by what medicine as a profession is supposed to do and, consequently, that we can determine the moral acceptability of voluntary euthanasia and physician-assisted suicide on the basis of identifying the proper goals of medicine. This article examines the main ways of defining the proper goals of medicine found in the recent bioethics literature and argues that they cannot provide a (...) clear answer to the question of whether or not voluntary euthanasia and physician-assisted suicide are morally acceptable. It is suggested that to find a plausible answer to this question and to complete the task of defining the proper goals of medicine, we must determine what is the best philosophical theory about the nature of prudential value. (shrink)

This paper presents a non-consequentialist defense of Rawls’s general conception of justice requiring that primary social goods be distributed so that the least share is as great as possible. It suggests that a defense of this idea can be offered within a Rossian framework of prima facie duties. The prima facie duty not to harm constrains people from supporting social institutions which do not leave their fellows with goods and resources above a certain threshold. The paper argues that societies in (...) accord with the Rawlsian general conception come closest to meeting this requirement. This way of arguing for the conception enables the defenders of the theory to elude standard objections offered by utilitarians, libertarians, and even other egalitarians. (shrink)

ABSTRACT Both classical and modern liberals tend to treat freedom of choice as if it is intrinsically valuable—regardless of what is chosen. They fear that treating freedom as, instead, instrumental only to good choices might open the door to paternalism if a polity were to decide that people were making bad choices. A middle course would be to treat freedom as independently valuable. On the one hand, the independent value of freedom does not treat all choices as good as long (...) as they are freely made. On the other hand, it does not reduce the value of freedom to the known, or predictable, good ends to which a free action may be conducive. Following from Hayek’s acknowledgement that we are often ignorant of what the future may hold, freedom may have value because it will allow us to make decisions whose positive consequences cannot now be predicted. (shrink)