IntroductionThe various special concerns and commitments that individuals ordinarily have, for example towards family members, friends, and possibly compatriots, present an interesting challenge for justice. Justice, after all, is said to be blind and imposes demands on persons that ought to be impartial, at least in some respects, to personal ties and relationships. Yet individual special concerns are obviously of moral importance and are deeply valued by participants in these relationships. Thus any conception of justice to be plausible has to (...) be able to accommodate to some extent the various types of valuable and valued special concern characteristic of ordinary social life. In particular, it is important to see how the impartial demands of justice can be maintained while accommodating special concern. (shrink)

Virtue and deontological ethics are now commonly contrasted as rival approaches to moral inquiry. However, I argue that neither metaethical party should seek complete, solitary domination of the ethical domain. Reductive treatments of the right or the virtuous, as well as projects that abandon the former or latter, are bound to leave us with a sadly diminished map of the moral territories crucial to our lives. Thus, it is better for the two parties to seek a more cordial and equal (...) relationship, one that permits metaethical pluralism, and acknowledges mutual dependence. I do not seek to prescribe how that relationship should look: this essay offers less a positive metaethical position than a prolegomenon to such a position, one that attempts to head off harmful attempts to reduce the territory of the aretaic to that of the deontic, or that of the deontic to the aretaic. (shrink)

In this paper, I argue that Ubuntu can be construed as a strict form of cosmopolitan moral and political theory. The implication of this is that the duty or obligation that humans owe other humans arises in virtue of humanity or the notion of human-ness. That is, one is a person insofar as he or she forms humane relations and it is this particular way of beingness that makes every person both an object and subject of duty. On this cosmopolitan (...) interpretation of Ubuntu, I therefore, argue that Ubuntu would support the principle of natural resource redistribution according to which all humans fall within the scope of justice and the principles of distributive justice. If this is right, then Ubuntu’s cosmopolitanism has something to contribute generally to cosmopolitanism, as an account of global justice. (shrink)

This contribution explores correctives to several errors that Thomas Nagel seems to presuppose in his seminal defence of scepticism about global justice. I rely on lessons learned and conventions surviving in West African contemporary social and moral contexts, where people engage as a matter of course in divergent, historically antagonistic cultural and political traditions. On this view, global justice is a work in progress—not a fixed univocal formula but an on-going collaborative effort, a project in perpetual renovation and inter-cultural reconsideration (...) by successive generations which presupposes a diversity of values and ways of sanctifying human life. I consider ways in which an ethics of care, as suggested by Virginia Held, might have been anticipated by the time-honoured norms of governance and political culture surviving in complex African polities, cultures which have withstood the corrosion of external colonialism since early modernity. How might iconically African, universally fundamental moral notions of decency and fairness find their way back into the global marketplace of diplomatic discourse and economic policy design?To demonstrate the need to navigate towards some consensus within the diversity of indigenous concepts associated with justice and good governance in Africa, I discuss the fiasco displayed in a widely celebrated proposal for exercising globally principles of justice in the Western liberal political tradition applied to remedy Africans’ notorious resource curse. (shrink)

This paper addresses a complaint, by Prichard, against Plato and other ancients. The charge is that they commit a mistake is in thinking that we are capable of giving reasons for the requirements of duty, rather than directly and immediately apprehending those requirements. I respond in two ways. First, Plato does not make the egregious mistake of substituting interest for duty, and thus giving the wrong kind of reason for duty’s requirements, as Prichard alleges. Second, we should see that the (...) ancient ethical enterprise as being comprehensive in a sense Prichard simply ignores. The ancients sought what we now call wide reflective equilibrium in judgments about both duty and interest, and to see this I focus on a puzzle in how to understand much of ancient moral philosophizing. This puzzle is to make sense of the work that formal constraints on happiness do to support their preferred views of happiness (or interest). This way of engaging not only our thoughts about duty and interest, but about what it is to be human and to lead a human life, make the ancient model far more satisfying than Prichard’s recommendation that we give it all up as a mistake. (shrink)

When stripped to the bare bone, there are only 11 foundational paradigms in social sciences. These foundational paradigms are like flashlights that can be utilized to shed light on different aspects of human society, but each of them can only shed light on a limited area of human society. Different schools in social science result from different but often incomplete combinations of these foundational paradigms. To adequately understand human society and its history, we need to deploy all 11 foundational paradigms, (...) although more limited combinations of them may be adequate for understanding more specific social facts. (shrink)

Is it permissible to kill an innocent person against her will in order to prevent several other innocent persons from being killed against their will? The answer to which this essay comes after extensive discussion is – under certain conditions and limitations – affirmative. On the way to this answer, the book offers a comprehensive in-depth discussion of so-called deontic restrictions – that is, the idea of an action’s being prohibited in circumstances in which performing it once would be the (...) only way to prevent its being performed multiple times. The book’s leading question is whether there is a plausible rationale for deontic restrictions. To this effect, a taxonomy and critical discussions of the most important approaches to justify deontic restrictions are provided – where many of these approaches undergo a deeper examination for the first time ever. In addition, the book clarifies some adjoining questions, such as why deontic restrictions are often perceived as being problematic or how the concept of agent-relativity should best be understood and formalized. Put into broader perspective, the conclusions offered should have a bearing on a number of debates in normative ethics, not least on the debate between deontologists and consequentialist. (shrink)

Collection of papers presented at the First Budapest Seminar in Early Modern Philosophy.

Many bioethicists promote and defend the ‘bedside rationing paradigm’; a pertinent example is the recent publication by Morten Magelssen and colleagues, in which they attack my previous criticism in the field. The present response focuses on what I consider to be the main side-effects of the ‘bedside rationing paradigm’: the ignorance towards intentions and societal roles, the crumbling of political practice, and the fiduciary loss in the physician–patient relationship. Further, I claim that these side effects are related to certain underlying (...) presumptions, such as the conception of fairness as equivalent with distributive justice and the belief in the presence of universally valid, context-independent moral principles. These presumptions are characteristics of modernist ethics; thus, the ‘bedside rationing paradigm’ illustrates some fundamental shortcomings of this moral theory. I argue that an ethics of virtue is better suited to the practice of medicine as well as to the rationing dilemmas. (shrink)

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the theory of second (...) best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

This essay develops the idea that Analytic and Continental orientations to political theory are best comprehended not as mortal enemies, but rather as alternative lenses that, together, allow us to better perceive a broader range of significant aspects of political life than is possible by adhering to only one of these approaches. This claim is fleshed out by an analysis of the communicative action paradigm developed by Jürgen Habermas. If this paradigm is revised somewhat in order to make it less (...) dominated by the ideal of consensuality, it can then be taken to be quite attractive in the way it perceptively deploys these two lenses. (shrink)

The subject of this article is the Rawlsian right to personal property. Adequate discussion of this right has long been absent from the literature, and the recent rise in interest in other areas of Rawlsian thought on property makes the issue particularly pertinent. The right to personal property as proposed by orthodox Rawlsians – in this article, the position is represented by Rawls himself – is best understood, I claim, either as a right to be able to privately own housing (...) and personal items or as a right to actually own these things. I argue, however, that the resources of a Rawlsian theory cannot justify a basic right to property which is as extensive as this. Instead, what can be justified is a more limited set of rights, comparable with the rights we have over objects that we rent. Rawlsian justice, then, has a more radical implications in terms of basic property rights than has previously been thought. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

The paper addresses the question of judges' moral responsibility in an unjust society. How is the "moral" judge to reconcile his perception of justice with a malevolent law? Upon what grounds might judges, and perhaps other public officials, be held morally responsible for their acts or omissions? Does a positivist approach yield a more satisfactory resolution than a natural law or Dworkinian analysis? Could inclusive positivism offer any clues as to how this quandary might be judiciously resolved?

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this (...) challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge. (shrink)

This paper discusses the thought of the medieval Maghrebin thinker Ibn Khaldun through the prism of the philosophy and sociology of law and politics. I will first try to illustrate how, even if Ibn Khaldun wrote in the fourteenth century, he anticipated many core concepts that are characteristic of modern Western sociological and philosophical thought. The argument is thus made that his thought can, and indeed must, be rescued from the wide neglect that, outside the specialized field of Khaldunian studies, (...) it has so far suffered in our treatment and teaching of the history of politico-legal sociological thought. I will then claim that the scheme he devised to explain the rise and fall of civilizations can also, with due care, be used to frame and understand the political and cultural landscape in which the West and the Islamic world are presently engaged in a difficult dialogue. The discussion is in this sense offered in the hope of making a contribution to the current politico-legal philosophical and sociological debate on multiculturalism, and on the limits of its scope. (shrink)

Faced with at least two major challenges, namely, worldwide poverty and inequalities, and ecological changes, our world is confronted with the issue of balancing the concern for the social needs of the present generation, as an expression of intragenerational responsibilities, with the care for the environment for future generations, as fulfilling intergenerational responsibilities. After demonstrating how the philosophical debate indeed validates the notion of intergenerational responsibilities, this article seeks to investigate the relationship between inter- and intragenerational responsibilities. Whereas this relationship (...) is often considered as a troubled and conflicting one, I aim to show that there are reasons to link the problems of global justice and ecological degradation. It will be argued that both global inequality and the ecological crisis are moral problems caused by a particular kind of development philosophy and lifestyle. Consequently, people have a responsibility to take these social and ecological issues into account in their daily lives. In the last section, some theological reflections are provided with regard to the idea of intergenerational responsibilities, their relationship to intragenerational responsibilities, and the contribution of theology as an inspirational source for change. (shrink)

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

Political realism criticises the putative abstraction, foundationalism and neglect of the agonistic dimension of political practice in the work of John Rawls. This paper argues that had Rawls not fully specified the implementation of his theory of justice in one particular form of political economy then he would be vulnerable to a realist critique. But he did present such an implementation: a property-owning democracy. An appreciation of Rawls s specificationist method undercuts the realist critique of his conception of justice as (...) fairness. (shrink)

John Rawls’ use of a contractarian strategy for justifying basic principles of justice has raised the hope that a similar strategy might work for a theory of right and moral principles generally. I want to show that this hope cannot be fulfilled.In what follows I interpret contractarianism in a Rawlsian way on the grounds that his is the most plausible version of the doctrine we are likely to get. I am not however concerned with the details of Rawls’ argument for (...) justice but instead with an idea that appears to underlie the contractarian strategy. In order to avoid the complications of Rawlsian exegesis, I choose to discuss the doctrine as it might be used to justify a moral principle of mutual assistance and not as Rawls in fact uses it to justify principles of justice. (shrink)

There is a rich tradition within game theory, decision theory, economics, and philosophy correlating practical rationality with impartiality, and spatial and temporal neutrality. I argue that in some cases we should give priority to people over both times and places, and to times over places. I also show how three plausible dominance principles regarding people, places, and times conflict, so that we cannot accept all three. However, I argue that there are some cases where we should give priority to times (...) over people, suggesting that there is impersonal value to the distribution of high quality life over different times. (shrink)

Governments around the world collect huge amounts of personal data from their citizens for counterterrorist purposes. While mining this data has arguably increased the security of populations, the practices through which these data are currently collected in many countries have been criticised for violating individuals’ rights to privacy. Yet it is not clear what a permissible data collection regime would look like and thus also how we could reform existing regimes to make them morally acceptable. This article explores a number (...) of ways in which we might justify a data collection regime to those affected in spite of the setbacks to their privacy. In contrast to existing justifications, I argue that individuals can be asked to surrender their personal data as a requirement of reciprocity in a cooperative system in which they gain security from others doing likewise. Relying on this justification, though, has significant implications for how we should reform existing data collection regimes. In particular, more stringent limits will need to be placed on the forms which these regimes can legitimately take. (shrink)

Cosmopolitanism, as a moral idea, holds that individuals are the ultimate units of moral worth and are entitled to equal consideration, regardless of contingencies such as citizenship or nationality. In one common interpretation, cosmopolitan justice not only regards individuals as the basic subjects of moral concern, but it also requires distributive principles to transcend national affiliations and to apply equally to all persons of the world. As Simon Caney puts it, “persons’ entitlements should not be determined by factors such as (...) their nationality or citizenship.“. (shrink)

This review essay on John Rawls’s The Law of Peoples focuses on two of its more contentious claims. The first is that international economic justice is secured by a principle of assistance and that a principle of distributive justice will in fact have “unacceptable” results. The other is that certain non-liberal societies, or peoples, fall within the limits of international toleration. The essay evaluates and critiques these claims from a liberal cosmopolitan perspective.

(1986). Moral Approaches to Nuclear Strategy: A Critical Evaluation. Canadian Journal of Philosophy: Vol. 16, Supplementary Volume 12: Nuclear Weapons, Deterrence and Disarmament, pp. 75-109.

I distinguish four different interpretations of ‘equality of opportunity.’ We get four interpretations because a neglected ambiguity in ‘opportunity’ intersects a well-known ambiguity in ‘equality.’ The neglected ambiguity holds between substantive and non-substantive conceptions of ‘opportunity’ and the well-known ambiguity holds between comparative and non-comparative conceptions of ‘equality.’ Among other things, distinguishing these four interpretations reveals how misleading ‘equal opportunity for advantage’ formulations of luck egalitarianism can be. These formulations are misleading in so far as they obscure the difference between (...) two separate claims about which inequalities are consistent with true equality. Luck egalitarianism claims that inequalities that have been chosen in some suitable sense are consistent with true equality, while the traditional ideal of equality of opportunity only claims that inevitable inequalities that have been determined through fair competitions are consistent with true equality. Obscuring the difference between these two claims therefore serves both to arrogate the rhetorical advantages of the traditional ideal to luck egalitarianism and to cover over a limitation to luck egalitarianism’s ambition to provide a comprehensive principle of distributive justice. (shrink)

If D commits a wrong against V, D typically incurs a corrective duty to V. But how should we respond if V has false beliefs about whether she is harmed by D’s wrong? There are two types of cases we must consider: those in which V is not harmed but she mistakenly believes that she is those in which V is harmed but she mistakenly believes that she is not. I canvass three views: The Objective View, The Subjective View and (...) The Mixed View. The Objective View holds that V’s claim depends on the correct account of harm, rather than her false beliefs, and so D has a duty to offer damages to V in but not in in order to compensate her. The Subjective View holds that, for broadly anti-perfectionist reasons, V’s claim depends on her sincere beliefs, even if they are mistaken, and so D has a duty to compensate V in but not in. The Mixed View holds that we should defer to her beliefs in but not in, so D has a duty to compensate her in both cases. In this article, I argue that we should accept The Mixed View. (shrink)

Joel Feinberg’s Offense to Others is the most comprehensive contemporary work on the significance of offense in a liberal legal system. Feinberg argues that being offended can impair a person’s liberty, much like a nuisance, and that it is therefore legitimate in principle to regulate conduct because of its offensiveness. In this article, I discuss some overlooked considerations that give us reason to resist Feinberg’s conclusion, even while granting this premise. My key claim is that the regulation of offense can (...) inadvertently increase the incidence of offense, by nurturing offense-taking sensibilities. In the course of defending this claim and spelling out its implications, I explain why concerns about the inadvertent nurturing of offense are now more pressing, given the identity–political character of contemporary offense-based social conflicts, and I discuss why a reluctance to legally regulate offensive conduct need not be insensitive to the identity–political issues that animate those conflicts. (shrink)

Act Utilitarianism has traditionally been regarded as the view that you should always perform the action that will bring about the greatest possible excess of happiness over unhappiness or, if there is no such alternative, the least possible excess of unhappiness over happiness.1 Following Rawls, I shall call this the classical principle. An alternative which Rawls calls the average principle is the view that you should always do the thing that will bring about the highest possible average happiness level. Rawls, (...) Rescher and Broad2 regard the average principle as superior to the classical principle, and there are considerable grounds for supposing that Mill accepted the average principle.3 Smart favours the classical position but confesses that if someone doesn't feel the same way, he doesn't know how to argue with him.4. (shrink)

Equality of Opportunity is widely thought of as the normative ideal most relevant to the design of educational institutions. One widely discussed interpretation of this ideal is Rawls' principle of Fair Equality of Opportunity. In this paper I argue that theories, like Rawls, that give priority to the achievement of individual autonomy, are committed to giving that same priority to a principle of sufficient opportunity. Thus, the Rawlsian's primary focus when designing educational institutions should be on sufficiency and not equality. (...) The paper then argues this commitment has at least three attractive implications. Firstly, it enables defenders of Fair Equality of Opportunity to overcome Richard Arneson's powerful objections. Secondly, it suggests a revised version of the principle of Fair Equality of Opportunity that is more plausible. Thirdly, it has attractive practical implications for educational provision. (shrink)

This paper presents the concept of character competence as a basis for creating ethical organizations. In view of the gaps between the 'statement' of values and the 'state' of values that have been witnessed recently in many corporates, the need to improve character competence of the corporates has become critical to the success of organizations. While corporates pay a lot of attention to core competence, they hardly pay much to character competence. Drawing upon various paradigms of ethics, this paper suggests (...) a holistic framework of business ethics rooted in ethical imperatives for individuals, organizations and markets. The framework developed in the paper forms the foundational basis for the concept of character competence. The author suggests the need for developing a character competence index and rating corporates on such an index. Further, it is suggested that ethical sensitivity can be inculcated through development of ethics-based management models with roots in character competence. (shrink)

This article sets out the case for a mutual cross-fertilisation of normative cosmopolitan thought and the field of comparative political theory. Its argument is that both are useful to the other if...

Is equality a distributive value or does it rather point to the quality of social relationships? This article criticizes the distributive character of luck egalitarian theories of justice and fleshes out the central characteristics of an alternative, relational approach to equality. It examines a central objection to distributive theories: that such theories cannot account for the significance of how institutions treat people (as opposed to the outcomes they bring about). I discuss two variants of this objection: first, that distributive theories (...) fail to account for the importance of how institutions cause good shortfalls and, second, that they fail to account for the normative attitude of social and political institutions expressed in different ways of treating people. The article argues that the causal variant of the objection has only very limited reach, and endorses the expressive variant: the attitudes expressed by institutions in their treatment of persons, such as contempt or neglect, generate potentially unjust social relationships and hierarchies. This should be the focus of a relational egalitarian approach to social justice. The article proceeds to explain how it is possible that artificial agents such as institutions have attitudes and how these attitudes are not reducible to those of the individuals that sustain them, and argues that distributive theories cannot be so modified as to account for such attitudes. It concludes by indicating several directions for the development of more worked-out conceptions of relational equality on this basis. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

It is well known that there are large differences in the per capita income levels of the world's states. While a few poor countries are catching up with the rich world, for some countries, the gaps are growing wider. Most of this global inequality isbetweencountries, notwithinthem. In other words, even if income were equalized within countries, a large part of the gap in average income levels between countries would remain.At the same time, the majority of movements in the wealthier countries (...) for greater distributive equality have tended to focus on inequalities within their own borders: on issues such as raising minimum wages, changing the domestic tax rate, and ending national health disparities. This state-centric focus is frequently justified in moral terms. It is a familiar claim, for example, that we have special obligations to our own citizens and that these obligations are both weightier and more extensive than our obligations to strangers outside our borders. (shrink)

There is a vast literature that seeks to uncover features underlying moral judgment by eliciting reactions to hypothetical scenarios such as trolley problems. These thought experiments assume that participants accept the outcomes stipulated in the scenarios. Across seven studies, we demonstrate that intuition overrides stipulated outcomes even when participants are explicitly told that an action will result in a particular outcome. Participants instead substitute their own estimates of the probability of outcomes for stipulated outcomes, and these probability estimates in turn (...) influence moral judgments. Our findings demonstrate that intuitive likelihoods are one critical factor in moral judgment, one that is not suspended even in moral dilemmas that explicitly stipulate outcomes. Features thought to underlie moral reasoning, such as intention, may operate, in part, by affecting the intuitive likelihood of outcomes, and, problematically, moral differences between scenarios may be confounded with non-moral intuitive probabilities. (shrink)

Thomas Hurka has argued that Nietzsche’s positive ethical views can be formulated as a version of perfectionism that posits an objective conception of the good as the maximization of power and assigns to all agents the same goal of maximizing the perfection of the best. I show that Hurka’s case for both parts of this interpretation fails on textual grounds and that the kind of theory he proposes is in conflict with Nietzsche’s general approach to morality. The alternative reading for (...) which I argue defends a form of perfectionism as the value perspective of a ‘noble type’ that may emerge in the wake of a revaluation of all values. The basis of this perfectionism is an individual’s projection of an ideal of life to which she ascribes intrinsic value and in terms of which the value of other things is assessed. Justifying this reading requires drawing a distinction between life-denying ideals – forms of the ‘ascetic ideal’ – and life-affirming ‘counterideals’. It also requires recognizing that the perfection of the noble type is expressed in an individual ideal that cannot be shared with others, as opposed to a common ideal of human perfection. (shrink)

It is becoming popular among contemporary philosophers to view liberalism as a political morality which rests on a fundamental moral requirement that persons are to be treated equally according to a certain conception of equal respect and concern. On this view, the liberal conception of equal respect and concern requires that conflicts of interests must be decided by appeal to principles which are rationally justifiable on grounds that are neutral or impartial between persons and their competing conceptions of the good (...) life. Ronald Dworkin has expressed this view by contrasting liberalism with political moralities that are founded on conceptions of what constitutes treating persons equally which are ‘at least partly determined by some conception of the good life.‘. (shrink)

Just war theory is currently dominated by two positions. According to the orthodox view, provided that jus in bello principles are respected, combatants have an equal right to fight, regardless of the justice of the cause pursued by their state. According to “revisionists” whenever combatants lack reasons to believe that the war they are ordered to fight is just, their duty is to disobey. I argue that when members of a legitimate state acting in good faith are ordered to fight, (...) they acquire a pro-tanto obligation to obey which does not depend for its validity on the justice of the cause being pursued. However, when the war is unjust, this obligation may be overridden, under certain conditions, by the obligation not to contribute to the unjustified killing of innocents. This is because the pro-tanto force of the duty to obey the law is best understood in terms of “presumptive”, rather than “exclusionary” reasons for action. This approach captures the insights of both the orthodox and the revisionist view, while avoiding the problems that afflict each of them. (shrink)

Rawls’s account of international toleration in The Law of Peoples has been the subject of vigorous critiques by critics who believe that he unacceptably dilutes the principles of his Law of Peoples in order to accommodate non-liberal societies. One important component in these critiques takes issue specifically with Rawls’s inclusion of certain non-liberal societies (‘decent peoples’) in the constituency of justification for the Law of Peoples. In Rawls’s defence, I argue that the explanation for the inclusion of decent peoples in (...) the constituency of justification is not, as is standardly assumed, that they are the kind of societies that ought to be tolerated in that way on some prior conception of which kinds of societies ought to be tolerated in that way. The real explanation appeals to a methodological principle underlying Rawls’s approach to political justification, according to which liberals owe justification, as a matter of liberal principle, to those who comply with liberal principles for political institutions that apply to them. If such liberal principles can be complied with by agents who nevertheless cannot accept fully liberal justifications for those principles, then liberalism itself requires liberals to seek justifications which they can accept. This approach gives us a new way to view decent peoples: as just such agents, who are therefore owed a justification for the Law of Peoples that they can accept. Decency is thus a concept that is internal to liberal political justification at the international level. Reading Rawls in this way permits a coherent and attractive defence of his strategy of toleration and of his international theory as a whole. (shrink)

This article examines the critical potential of Honneth’s theory or ethics of recognition by raising two concerns as regards the success of such a project. Firstly, this article argues that Honneth’s ethical turn in critical theory might not be completely warranted and that there are good reasons to supplement his theory of recognition with an account of justificatory practices. Secondly, it argues that the complexity of the beginnings of political resistance proves that an explanative gap remains to be filled to (...) account for the way in which personal experience of disrespect can be transformed into a collective struggle for recognition. By way of conclusion, this article posits that instead of rejecting the critical potential of Honneth’s theory, the concerns raised therein are invitations to specify his theory further, so that contemporary struggles for recognition can be understood more profoundly. (shrink)

The aim of this paper is to consider the ways in which civic republican theory can provide a meaningful and useful account of social justice, one that is which holds resonance for educational debates. Recognising the need for educationalists interested in civic republicanism to pay greater attention to ideas of justice—and in particular social justice as it concerns relationships between citizens —it is argued that a form of civic republicanism committed to freedom as non-domination is capable of providing a substantive (...) model for analysing social justice within educational arenas. After positioning the contribution offered here within existing educational literature on civic republicanism, salient elements of social justice as freedom as non-domination are identified. On this basis, debates concerning the existence and potential expansion of state grammar schools in England are considered in relation to the account of republican social justice as non-domination. It is argued that from this republican position grammar schools represent an arbitrary domination of the interests of those less well off by those with greater material and cultural capital and in doing so lead to advantages for some at the expense of others. Though the focus of the paper is on grammar schools in England, it is suggested that republican justice may be a useful frame for considering similar educational cases in England and elsewhere. (shrink)

The capability approach assigns a central role to the contexts within which social interactions take place, which make individual liberty achievable. However, an auxiliary concept is necessary to explain the contexts of collective action more accurately. In this paper I shall present Taylor’s concept of irreducibly social goods as a supplement to the capability approach. I shall also introduce the concept of hermeneutics as a strategy suitable for evaluating which capabilities are to be considered valid, as an alternative to aggregative (...) methodologies. This conceptual development at the core of the capability approach demands to be framed by a normative criterion that enables us to distinguish between emancipatory and conservative contexts of social action; for that purpose I make use of the subject idealization that Honneth and Anderson present. (shrink)

One way to characterise the difference between analytic and Continental political philosophy concerns the different roles played by normative and descriptive analysis in each case. This article argues that, even though Michel Foucault’s genealogy of liberal and neoliberal governmentality and John Rawls’s political liberalism involve different articulations of normative and descriptive concerns, they are complementary rather than antithetical to one another. The argument is developed in three stages: first, by suggesting that Foucault offers a way to conceive of public reason (...) as a historical phenomenon. Second, it is suggested that both Rawls and Foucault allow us to consider rights as historical and particular rather than a-historical and universal. Third, it is argued that Foucault’s genealogy of modern liberal government illuminates some of the tensions and some of the alternatives within the liberal tradition in relation to the concept of political legitimacy. (shrink)

The, classical realist writings of E.H. Carr and constructivist publications of Alexander Wendt are extraordinarily influential. While they have provoked a great number of reactions within the discipline of International Relations, the ethical dimensions of their works have rarely been studied at length. This article seeks to remedy this lack of examination by engaging in an in-depth scrutiny of the moral concerns of these two mainstream International Relations scholars. On investigation, it is revealed that Carr demonstrates a strong commitment to (...) the ethical principle of fairness and Wendt a moral concern for the prevention of the use of organized violence. These concerns are shared by Rawlsians and cosmopolitans in International Relations, and these findings may thereby encourage closer engagement between these diverse communities that rarely speak to one another and strengthen disciplinary research on morals. (shrink)