In The Idea of Justice Amartya Sen criticises ‘transcendental institutionalism’ for entertaining notions of ‘ideal justice’ that, are neither necessary nor sufficient for the advancement of justice in the real world. Sen argues in favor of a ‘realization- focused’ and ‘comparative’ understanding of justice that he associates with the names of Adam Smith, Marx, and J. S. Mill. Conceptions of ideal justice. Sen believes, are useless since in practice we do not need them to advance justice. And they are ‘infeasible’ (...) because all conceptions of ideal justice can be reasonably rejected for one reason or other. I shall address both complaints in turn and maintain that Sen’s rigid contra-position of ideal and comparative justice is overstated. It will also be discussed how the institutional focus of ‘transcendental institutionalism’ links up with the need for an ideal conception of justice. Finally, some implications of rational dissent about justice and two common strategies to deal with it will be discussed. (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...

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)

Social work has long been concerned with the respective roles of the social work profession and the social welfare system in addressing human needs. Social workers engage in needs assessment together with client systems. They provide and advocate for the needs of clients, as well enabling and empowering clients and communities to address their needs. They also advocate for social welfare benefits and services and overall social policies that take human needs into account. However, explicit ethical content was not present (...) in earlier Codes of Ethics of the National Association of Social Workers. Furthermore, until very recently, little published literature in peer-reviewed journals has human needs theories to guide models of social work practice or inform social work research. Universalistic assumptions about human needs have long been found within social work’s literature on human development (see Jani and Reisch 2011, under General Overviews). However, these assumptions were often inexplicit. They did not fully utilize theories of human need, which have long recognized that although human needs may be universal, they are addressed in culturally and environmentally specific manners. Also, in practice, social workers have often conflated human needs with the need for the services or benefits available at any one time. This bibliography will explore the history and evolution of the interdisciplinary body of human needs theory and research on which social work has drawn historically, with special attention to the recent surge in interest in human needs theories. In doing so, the entry will discuss a number of key debates that have arisen regarding needs, including whether they are universal or specific to particular cultures; what the relationship is between human needs, human rights, and social justice; and how to reconcile theories of human needs and of human capabilities. (shrink)

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

One third of the human species is infested with worms. The World Health Organization estimates that worms account for 40 per cent of the global disease burden from tropical diseases excluding malaria. Worms cause a lot of misery.In this article I will focus on one particular type of infestation, which is hookworm. Approximately 740 million people suffer from hookworm infection in areas of rural poverty: more than one human in ten, a total greater than twenty-three times the population of Canada (...) or twice the population of the United States. The greatest numbers of cases occur in China, Southeast Asia, and Sub-Saharan Africa- that is, mostly in the places in the world where poverty is most severe.Hookworm larvae pierce the skin, enter the bloodstream, work their way into the heart and then into the lungs, where they climb the bronchial tree into the throat and are swallowed. (shrink)

ABSTRACT:In this address I argue that different perspectives on the normative foundations of corporate responsibility reflect underlying disagreements about the ideal arrangement of tasks between market and state. I initially recommend that scholars look back to the “division of moral labor” inspired by John Rawls’ seminal work on distributive justice in order to rethink why, and to what extent, corporations take on responsibilities normally within the purview of government. I then examine how this notion is related to recent theoretical work (...) in the field of business ethics. I thereafter turn to provide a brief outline of an alternative view that sees corporations as having responsibilities in so far as markets are sites of delegated oversight over the production of social goods that might otherwise be administered by the state. (shrink)

ABSTRACT:The major aim of this article is to show that John Rawls’s theory of justice cannot be applied effectively to questions of business ethics and corporate governance. I begin with a reading of Rawls that emphasizes both the critical and pragmatic nature of his theory. In the second section I look more closely at the notion of society’s “basic structure” and its place within Rawls’s theory. In the third section, I argue that “the corporation” cannot be understood as part of (...) this basic structure and is not, therefore, a subject of justice for Rawls or his interpreters. Finally, I show that Rawls’s inability to speak to the corporation is a weakness, regardless of one’s particular view on the corporation. I conclude by considering what Rawls’s theory helps us to understand about the problems involved in integrating corporate governance, business ethics, and political philosophy. (shrink)

The paper is an attempt to revisit Rawls’ idea of a self, which elicits the concept of justice in the liberal tradition. Justice, as understood in the social and political context, is the basic feature of a well-ordered and rationally developed society and it is considered to be a virtue of the social institution. The liberal theory believes in the basic principle that right is prior to the good, and what is most fundamental to our personhood are not the ends (...) we choose but our capacity to choose them. Hence, in Rawls’ account of the self, absoluteness of the metaphysical priority has an edge over the absoluteness of the moral priority. The idea of an unencumbered self, in the social and historical sense, is at the core of the Kantian-Rawlsian theory of justice, which is under attack by the communitarians. Communitarians like Sandel, however, questions Rawls’ claim for the priority of right over good and maintains that liberals fail to recognize the self is ‘embedded,’ in and partly constituted by communal commitments and values which are objects of choice. In this paper, I examine communitarian critiques of Rawls’ liberal self. Further, I also refer to Rawls’ turn to the ‘political,’ which works as a ‘module’ that fits into and can be supported by a variety of reasonable comprehensive doctrines. (shrink)

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...) both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field. (shrink)

In 1987, the Brundtland Commission urged nations to improve present conditions without compromising the ability of future generations to meet their needs. Against the background of this appeal for sustainable development, there is a call for intergenerational justice, under a sufficientarian framework. Despite their strong relation, we claim that, to some degree, intergenerational sufficientarianism disregards relevant sustainability notions. This neglect undermines intergenerational sufficientarianism in the context of sustainability, here operationalized as sustainable development. In response, we propose the concept of irreplaceable (...) goods as a necessary bridge between the two frameworks. Simultaneously, we stress the need for scholars to consider sufficientarianism as a valid alternative to egalitarianism for achieving resource justice. To harmonize intergenerational sufficientarianism and sustainability, we firstly delineate sustainability theoretical notions that influence fair distributive futures. Secondly, we incorporate those sustainability constraints into the conceptual background of intergenerational sufficientarianism. We also establish the concept of irreplaceable goods as a pivot and anchor for further theoretical development on the sufficient well-being of future generations. Finally, we discuss the implications of this concept in terms of expenditure and investment by contemporary people. With the proposed adjustments, we advocate that intergenerational sufficientarianism is a robust framework to deliver just futures. (shrink)

Since the publication of Miranda Fricker’s seminal book Epistemic Injustice, philosophy of education scholarship has been mostly limited to analyses of culprit-based epistemic injustice in education. This has left structural manifestations relatively underexplored with great detriment to those who are most vulnerable to experience such injustice. This paper aims to address this oversight and open avenues for further research by exploring approaches to theorizing structural epistemic injustice in education and envisioning efficacious remedies. The author identifies three approaches: one that focusses (...) on educational institutions; one that focusses on institutional processes that impact educational outcomes; and one that focusses on epistemological processes that are internal to education. Whilst the approaches differ as to their explanatory power and ease of implementation, it is argued that all three demonstrate that epistemic injustice in education is often the result of structural factors which cannot be attributed to individual epistemic agents. The author concludes by suggesting that educational philosophers must examine each of these approaches in greater depth to make significant progress in disrupting the impact of epistemic injustice in education. (shrink)

Wayne Norman argues that there should be more similarity or unity between the justifications for markets and the extra-legal norms that apply to market agents. I question two aspects of his claim. First, why does Norman refer to this view as a view about the self-regulation of market agents? Agents could self-regulate with many different norms, not necessarily norms informed by the justifications for markets. Second, asking for more similarity might create problems in terms of the liberty of market agents (...) to pursue other morally relevant objectives. How are we to balance these other relevant objectives and the objectives of markets? (shrink)

Adversarial scheme points to situations of rivalry like auctions, public tendering, sports competitions, elections or trials. Thomas Pogge suggested that these schemes have great advantage: they force agents to reveal their full performance. But they also incentivize agents to manipulate the rules. In other schemes with incentives, he also suggests, agents can easily downplay their performance, but won’t engage in rule manipulation to the same extent. In this paper, I will argue that adversarial schemes and other schemes with incentives advantages (...) or disadvantages do not map from one to the other as Pogge suggests. Performance-downplaying also takes place in adversarial schemes, as well as in other schemes with incentives also lead to rule manipulation. I will also argue that there are genuine differences between these two types of schemes. Adversarial schemes have three unique advantages: first, they may be more effective in producing motivational improvements at a lower cost, second, they may lead to an automatic optimization of performances and, third, they may produce unique system benefits. In order to produce these advantages, we must design adversarial schemes properly and use them in the right situation. (shrink)

Many social institutions function with rivalry, whether it is the legal adversarial system, the electoral system, competitive sports or the market. The literature on adversarial ethics (with authors such as Arthur Applbaum, David Luban and Joseph Heath) attempts to clarify what is a good behavior in these situations, but this work does not examine if institutionalized rivalry is desirable given its good and bad aspects. According to Monroe Freedman, for instance, the confrontation between lawyers in a trial may help discover (...) important facts about a case. Most economists believe that competition in the market increases economic efficiency. But institutionalized rivalry can also lead to morally wrong acts such as violence, deception or coercion. The aim of this article is to identify the conditions under which rivalry may be more or less desirable in our social arrangements. First, it will be necessary to clarify what is institutionalized rivalry and what is an adversarial scheme. Then, this article will explain what are the generic advantages and problems of adversarial schemes. Finally, this analysis will be used to outline a series of minimal requirements to consider that an adversarial scheme is desirable. (shrink)

In this article I address the question of whether corporations should be considered as part of the basic structure of society as defined in Rawls’s Theory of Justice. To do so, it becomes necessary to understand which institutions are crucial for defining Rawls’s basic structure of society. I will argue that a social ontology aimed at understanding how human institutions influence various aspects presupposed in Rawls’s basic structure of society can help addressing this topic. To do so, I shall draw (...) upon the social ontology elaborated by Searle, who follows an approach that is particularly suitable for showing how Rawls’s basic structure of society already contains an institutional setting that must take corporations into account in its very formulation, due to the implications of the activities of the corporation for distributive justice. (shrink)

This paper discusses the concept of “human disenhancement”, i.e. the worsening of human individual abilities and expectations through technology. The goal is provoking ethical reflection on technological innovation outside the biomedical realm, in particular the substitution of human work with computer-driven automation. According to some widely accepted economic theories, automatization and computerization are responsible for the disappearance of many middle-class jobs. I argue that, if that is the case, a technological innovation can be a cause of “human disenhancement”, globally, and (...) all things considered, even when the local and immediate effect of that technology is to increase the demand of more sophisticated human skills than the ones they substitute. The conclusion is that current innovations in the ICT sector are objectionable from a moral point of view, because they disenhance more people than they enhance. (shrink)

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception (...) of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy. (shrink)

Some of the most pressing contemporary social problems result from the amalgamation of a mass of actions that are not intentionally coordinated. Although these essentially aggregative harms are foreseeable, it is unclear what moral duties individuals have with regards to them. This paper offers a new analysis of these problems and uses a nonideal contractualist approach to argue in favour of two kinds of duties for individuals. Collectivization duties that require individuals to act responsively with a view to ensuring that (...) there are effective governance agents that reliably, fairly, and efficiently prevent these outcomes in the long-term and duties of restraint that require individuals to avoid action of a kind that is likely to come together with other actions to cause serious EAH in the immediate future when restraint with regards to actions of this kind could help prevent the outcome from occurring. (shrink)

According to the coercive approach to distributive justice, the coercive nature of the political state requires justification in the form of distributive benefits owed only to members of the state. In this paper I analyze and dismiss traditional objections to the coercive approach, and I proceed to raise two novel objections. First, according to my equivocation objection, I contend that the coercive approach’s leap from coercive burdens to certain distributive benefits is based on an equivocation. When this equivocation is clarified, (...) the conclusion of the coercive approach is undermined. Attempts to circumvent the equivocation inevitably lead to my second objection, the coercion as cooperation objection. Through this objection it becomes clear that the coercive approach collapses into the cooperative approach, an approach to distributive justice that may change the scope of distributional obligations beyond that of the political state. (shrink)

Opponents of Hegel's philosophy traditionally support their arguments against his metaphysics and dialectical methodology by implying that the lack of an ethics in his system has unfortunate consequences for personal and political life. In rebuttal, defenders of Hegel then block thead hominemcharges by pointing out examples of sound moral and political behavior in Hegel's own life and by arguing that amoral or immoral conduct is not entailed by Hegel's dialectical reasoning. The success of this defense of the biographical Hegel has (...) not yet been matched, however, by a systematic explanation of the nature of morality based on Hegel's philosophical writings themselves. Instead of supplying an alternative to Kant's conception of morality, Hegel's texts indeed seem to involve the devious strategy of attacking Kantian morality and then abruptly moving on to another topic. The shift of discussion to religion or the state appears to force commentators to conclude either that his philosophy lacks a systematic moral philosophy or that it surreptitiously preserves an essentially Kantian ethics. In the former case his system apparently permits immoral conduct, and in the latter the philosopher merely deceives us with a dialectical sleight of hand. In either case, Hegel's morals are still in doubt. (shrink)

Rawls' Difference Principle asserts that a basic economic structure is just if it makes the worst off people as well off as is feasible. How well off someone is is to be measured by an ‘index’ of ‘primary social goods’. It is this index that gives content to the principle, and Rawls gives no adequate directions for constructing it. In this essay a version of the difference principle is proposed that fits much of what Rawls says, but that makes use (...) of no index. Instead of invoking an index of primary social goods, the principle formulated here invokes a partial ordering of prospects for opportunities. (shrink)

When philosophers talk about perfectionism, it is usually as a view of well-being, of developing characteristically human capacities. Yet perfectionism can also be a normative account of what we ow...

According to many of its advocates, one of the main attractions of Kantian moral philosophy is its metaethical innocence. The most interesting argument for such innocence appeals to Kantians' rationalism. Roughly, if moral action is simply rational action, then we do not need to appeal to anything beyond rationality to certify moral judgment. I assess this argument by reflecting on (dis)analogies between moral and logical forms of rationalism. I conclude that the Kantian claim to metaethical innocence is overstated. Kantians cannot (...) avoid substantial metaethical commitments. Or if they can, it is not their rationalism that explains why this is so. (shrink)

G.A. Cohen and David Estlund claim that, because of their fact-dependent nature, constructivist theories of justice do not qualify as moral theories about fundamental values such as justice. In this paper, I defend fact-dependent, constructivist theories of justice against this fact-independency critique. I argue that constructivists can invoke facts among the grounds for accepting fundamental principles of justice while maintaining that the foundation of morality has to be non-empirical. My claim is that constructivists ultimately account for the normativity of fact-dependent (...) principles by referring to a fact-independent, moral conception of the person, which is not a principle of justice.1. (shrink)

Se presenta aquí brevemente la teoría de la justicia elaborada por Rawls, primeramente sobre una base moral, y luego (en el llamado segundo Rawls) la teoría de justicia desde una perspectiva política, con la que Rawls intenta justificar también la existencia del Estado, mediante un contrato social. Se analizan después las primeras críticas realizadas a su teoría. Se sostiene la tesis de que la conveniencia se convierte, sin desearlo, en utilidad, en Rawls, y ésta se convierte en sinónimo de justicia. (...) Se critica esta concepción dado que la elección hecha por la mayoría, para la conveniencia de la mayoría, no hace a una ley justa. Se advierte, además, que la idea de la igualdad considerada, sin más, sinónimo de justicia social, requiere una profunda reflexión. Se realiza, pues, un análisis de los presupuestos de la idea de justicia rawlsiana en cuanto parece identificarse con la idea de utilidad general y distorsionándose la misma idea de justicia. (shrink)

In A Theory of Justice, John Rawls defines a hypothetical contract situation and argues rational people will agree on reflection it is fair to contractors. He solves the rational choice problem it poses by deriving two lexically-ordered principles of justice and suggests the derivation justifies the principles. Its soundness aside, just what justificatory force does such a derivation have?On one view, there is no justificatory force because the contract is rigged specifically to yield principles which match our pre-contract moral judgments. (...) Rawls provides ammunition for this claim: “By going back and forth, sometimes altering the conditions of the contractual circumstances, at others withdrawing our judgments [about what is just] and conforming them to principle, I assume that eventually we shall find a description of the initial situation that both expresses reasonable conditions and yields principles which match our considered judgments duly pruned and adjusted.”. (shrink)

In this paper I re-state the egalitarian argument against the morality of immigration controls: such limits violate the central ethical commitment to moral equality. This means that immigration controls fail a fundamental moral test and represent the ethical failure of the liberal project of moral equality. I set this re-statement against recent arguments about what moral equality means, specifically Christopher Heath Wellman's use of Elizabeth Anderson's notion of relational equality. Wellman believes that Anderson's ideas seriously damage the egalitarian argument, but (...) I argue that this is a misreading of her account. I conclude that any liberal attempt to morally justify immigration controls must fail through committing the basic logical error of ‘begging the question’. (shrink)

Liberal theories of social justicefocus predominantly on the national, ratherthan international, level, and where they doaddress international concerns they insist thatprinciples of justice at the national levelhave priority over principles at theinternational level. We question the coherenceof this arrangement, given liberal theory'scommitment to moral equality of persons as suchrather than to that of particular sets of persons. What isat issue is whether liberal theory can providea coherent basis for international justice atall. If it is to do so, we suggest that (...) it mustbe prepared to theorise beyond the nationstate, and to take a historical perspectivewhich takes into account the ways in whichcolonial power and exploitation have given riseto the problems of international justice weface today. (shrink)

In this essay, I examine the concept of the refugee within the context of liberal political theory. The argument is that the refugee is displaced both in political practice and political theory – theory has a topology, and inside and an outside, such that even if the refugee as a concept does enter within its boundaries it does so as a marginal figure, constructed as problematic. However, liberal political also has a topography when it comes to the refugee question – (...) it is not just insider theory, but theory constructed within a particular kind of state in a particular location in the world. This means the extent to which liberal political theory can answer the refugee question is limited. The main challenge for theory, I argue, is not to come up with an answer to the refugee question, but to construct a context within which the refugee is an equal participant in the process of arriving at an answer. (shrink)

Some ways of defending inequality against the charge that it is unjust require premises that egalitarians find easy to dismiss—statements, for example, about the contrasting deserts and/or entitlements of unequally placed people. But a defense of inequality suggested by John Rawls and elaborated by Brian Barry has often proved irresistible even to people of egalitarian outlook. The persuasive power of this defense of inequality has helped to drive authentic egalitarianism, of an old-fashioned, uncompromising kind, out of contemporary political philosophy. The (...) present essay is part of an attempt to bring it back in. (shrink)

This paper presents a rival proposal to that presented by Dietsch and Rixen to ensure international background justice. It explains the notion of background justice and how this is challenged by the lack of international co-operation on taxation policy. It then presents the principles which Dietsch and Rixen propose in order to respond to this concern: the principle of membership and the principle of constraint. The paper proposes alternative principles of relationship and counter-incentive, which are argued to be superior means (...) to achieve the aim of global background justice. This is because the alternative principles do not interfere with the right of states to set the tax-rates that they desire. The counter-incentive approach instead rewards the states who set higher taxes and provides them with revenues from taxpayers who have left either to seek lower taxes elsewhere or for any of a number of other reasons. (shrink)

Fair trade has become an important part of responsible consumption. But how is fair trade more fair than traditionnal trade? And what kind of fairness does it embody? Building on moral philosophy and justice theory of Aristote, Hume and Rawls to analyse fair trade practices as presented in many field studies, it seems that fair trade can’t claim a monopoly over equity as a contrasting distinction.