The Basic Structure and the Principles of Justice

Utilitas 23 (2):161-182 (2011)
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Abstract

This paper develops an account of how economic and political institutions can limit the applicability of principles of justice even in non-relational cosmopolitan conceptions. It shows that fundamental principles of justice underdetermine fair distributive shares as well as justice -based requirements. It argues that institutions partially constitute the content of justice by determining distributive shares and by resolving indeterminacies about justice -based requirements resulting from strategic interaction and disagreement. In the absence of existing institutions principles of justice might not be applicable for assessing distributions or guiding individual action and institutional design. Hence, accepting a specific cosmopolitan conception of justice is insufficient to settle global distributive questions.

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András Miklós
University of Rochester

References found in this work

A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
A treatise of human nature.David Hume & D. G. C. Macnabb (eds.) - 1969 - Harmondsworth,: Penguin Books.
The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
Rescuing Justice and Equality.G. A. Cohen (ed.) - 2008 - Harvard University Press.

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