This chapter contains sections titled: Justice as Fairness and Property‐Owning Democracy Part One: Property‐Owning Democracy: Theoretical Foundations Part Two: Interrogating Property‐Owning Democracy: Work, Gender, Political Economy Part Three: Toward a Practical Politics of Property‐Owning Democracy: Program and Politics References.

In lieu of an abstract, here is a brief excerpt of the content:John Rawls's Originary Theory of JusticeEric Gans (bio)The fundamental thesis of generative anthropology is that the principal concern of human culture is and has been from the outset to defer the potential violence of mimetic desire. To this mode of thought, constructing a model of the good society in any but the general terms of "exchange" and "reciprocity" is unfaithful to the human community, whose operations have been (...) from the beginning beyond the grasp of any individual mind within the society, and in which since the rise of the market system we participate largely unmediated by ritual. Rather than providing a template for the "good society," originary thinking provides a touchstone for ethical progress: act so as to contribute to reciprocal exchange, negatively, by aiding those who need help to participate in the exchange system more fully, and positively, by creating new foci of desire that enrich the system of exchange, the circulation of desire and satisfaction. The result of these acts is to reduce or "defer" resentment, negatively, by removing grievances, and positively, by creating new opportunities for recycling resentment into productive activity.These precepts notwithstanding, the "moral model" of reciprocal exchange, as exemplified in the exchange of signs around the sacred center in the hypothetical originary event, provides the basis for a recurrent temptation to create utopias. The theoretical gesture of measuring a given social order against a moral ideal is an extension of the moral intuition we apply in judging all human actions; whatever our degree of resignation, we cannot help but resent any suggestion—even when it is "objectively" false—that we have been victims of a failure of reciprocity. Both the theory and the personal intuition are direct descendants of the originary exchange of representations, as are the moral "theories" that are explicitly grounded in the sacred. Abstract moral theorizing must ultimately appeal to either transcendence or intuition, and the appeal to the former differs only in its rhetoric from the appeal to the latter.Finally, these "timeless" reflections must be situated in history. Determining the proper relationship between universal morality and historically [End Page 149] particular ethics poses a particularly acute problem in the postmodern era. The question that has remained with us since the end of World War II is how to overcome the paralysis of Auschwitz—how to acknowledge the necessary deferral of reciprocity without condoning genocide. If we hold history's institutions to the touchstone of the moral model, they will always be found wanting, yet this historical experience tells us that if we do not so hold them, anything is possible. The fact that accusations of Nazism (or "fascism") continue to be made today—notably against Israel itself—is a sign that the moral dilemma has not yet been resolved. But unlike metaphysical thought, originary thinking takes the Holocaust as a sign not of the need to construct a social model that will resolve this dilemma, but of the inappropriateness of confronting it directly. Making the world a better place not only does not require but is in fact incompatible with a prior image of the world made good.The most serious attempt by mainstream Anglo-American social thought to grapple with this postmodern quandary is that of the late Harvard philosopher John Rawls (1921–2002), whose A Theory of Justice (1971) remains the era's most important work of moral philosophy. To sum up in my own terms Rawls's basic idea: if we imagine ourselves in an "original position" when society has not yet come into existence, so that our (future) place in it is hidden from us by a "veil of ignorance," then we will be able to agree on the criteria of a good society, since our uncertainty will convince us all equally of the necessity to protect ourselves from unfairness in the event we are assigned one of society's less desirable roles. We may then accept this imaginary agreement, unbiased by the participants' knowledge of their eventual social role, as universal humanity's most just arrangement. Rawls considers that under these conditions any inequality in the overall distribution of social goods can be justified only if it produces a margin of... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:177 SOCIAL JUSTICE: FROM RAWLS TO HUME It is said that "the implacable Professor," John Langshaw Austin, once set as a final examination question: "'Power polities': what other sorts of politics are there?" Had Hume been requested to discourse about social justice, he might well have responded in a parallel way: 'What non-social kinds is the insertion of that adjective intended to exclude (...) from consideration?1 For, as Hayek has urged, Hume chose an unfortunate label for the second of the two kinds of virtue distinguished at the beginning of Part II of Book III of the Treatise. Certainly "the circumstances and necessities of mankind," which give rise to the "artifice or contrivance" of what Hume calls artificial virtues, are "the circumstances and necessities" of social living; something which, he would always be the first to insist, is altogether natural to our species. So, if only he had thought to label this sort of virtues 'social' rather than 'artificial,1 he would not have had to end that Section I with an awkward final paragraph protesting that, "Tho' the rules of justice be artificial they are not arbitrary. Nor is the expression improper to call them Laws of Nature; if by natural we understand what is common to any species, or even if we confine it to mean what is inseparable from the species." In fact, it is just worth remarking, no contemporary ever would have asked Hume for his views about social justice; or, at any rate, not in those words. For, as my friend Roland Hall tells me, the first employment known to the revisers of the Oxford English Dictionary of what has since become one of the most popular of political cant phrases dates only from 1861. It occurs in Utilitarianism, at pp. 57-58 178 in the Everyman edition. There J. S. Mill first insists: not that society should treat all equally well, period; but "that society should treat all equally well who have deserved equally well of it." He continues: "This is the highest abstract standard of social and distributive justice; towards which all institutions, and the efforts of all virtuous citizens, should be made in the utmost possible degree to converge." Mill himself says nothing here, or perhaps anywhere, to explain what the adjective is supposed to be doing. It seems to have been a favourite, which he was the first to preface, with equally little particular reason given, to several other nouns. So if, as seems most likely, it is intended to be no more than a superfluous synonym for 'distributive,' then it becomes important for us to notice that to Mill, as to so many of his successors, the scope of "social and distributive justice" is universal: it is what determines who is the rightful possessor of any good whatever. Thus, in contemporary courts of distributive justice, everything is up for grabs. Yet it was not ever thus, and we ought to demand reason why it should have become so. Aristotle in the Nicomachean Ethics, was, so far as we know, the first philosopher to distinguish distributive from corrective justice. He ruled that the former "is exercized in distributions of honour or wealth or of anything else which is to be divided among those who have a share in the constitution; since in these it is possible for one to have an allocation either equal or unequal to that of another" (1130B30-4). A generation dazed by the drum-beat rhetoric of equality and social justice will no doubt be 179 inclined to construe these words as making the very modern assumption that there has been an active and collective distribution of all goods, and ought now to be an active and collective redistribution. Yet such anachronistic assumptions are ruled out as Aristotle proceeds: first, to entertain the oligarchic suggestion that the relevant criterion of entitlement might be the possession of wealth; and then to conclude that this "Justice in distributing common property... when a distribution is made from the common stock... will follow the same ratio as that between the amounts which the several persons have contributed to the common stock" (1131A 25-9 and 1131B 28-33). The common... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:177 SOCIAL JUSTICE: FROM RAWLS TO HUME It is said that "the implacable Professor," John Langshaw Austin, once set as a final examination question: "'Power polities': what other sorts of politics are there?" Had Hume been requested to discourse about social justice, he might well have responded in a parallel way: 'What non-social kinds is the insertion of that adjective intended to exclude (...) from consideration?1 For, as Hayek has urged, Hume chose an unfortunate label for the second of the two kinds of virtue distinguished at the beginning of Part II of Book III of the Treatise. Certainly "the circumstances and necessities of mankind," which give rise to the "artifice or contrivance" of what Hume calls artificial virtues, are "the circumstances and necessities" of social living; something which, he would always be the first to insist, is altogether natural to our species. So, if only he had thought to label this sort of virtues 'social' rather than 'artificial,1 he would not have had to end that Section I with an awkward final paragraph protesting that, "Tho' the rules of justice be artificial they are not arbitrary. Nor is the expression improper to call them Laws of Nature; if by natural we understand what is common to any species, or even if we confine it to mean what is inseparable from the species." In fact, it is just worth remarking, no contemporary ever would have asked Hume for his views about social justice; or, at any rate, not in those words. For, as my friend Roland Hall tells me, the first employment known to the revisers of the Oxford English Dictionary of what has since become one of the most popular of political cant phrases dates only from 1861. It occurs in Utilitarianism, at pp. 57-58 178 in the Everyman edition. There J. S. Mill first insists: not that society should treat all equally well, period; but "that society should treat all equally well who have deserved equally well of it." He continues: "This is the highest abstract standard of social and distributive justice; towards which all institutions, and the efforts of all virtuous citizens, should be made in the utmost possible degree to converge." Mill himself says nothing here, or perhaps anywhere, to explain what the adjective is supposed to be doing. It seems to have been a favourite, which he was the first to preface, with equally little particular reason given, to several other nouns. So if, as seems most likely, it is intended to be no more than a superfluous synonym for 'distributive,' then it becomes important for us to notice that to Mill, as to so many of his successors, the scope of "social and distributive justice" is universal: it is what determines who is the rightful possessor of any good whatever. Thus, in contemporary courts of distributive justice, everything is up for grabs. Yet it was not ever thus, and we ought to demand reason why it should have become so. Aristotle in the Nicomachean Ethics, was, so far as we know, the first philosopher to distinguish distributive from corrective justice. He ruled that the former "is exercized in distributions of honour or wealth or of anything else which is to be divided among those who have a share in the constitution; since in these it is possible for one to have an allocation either equal or unequal to that of another" (1130B30-4). A generation dazed by the drum-beat rhetoric of equality and social justice will no doubt be 179 inclined to construe these words as making the very modern assumption that there has been an active and collective distribution of all goods, and ought now to be an active and collective redistribution. Yet such anachronistic assumptions are ruled out as Aristotle proceeds: first, to entertain the oligarchic suggestion that the relevant criterion of entitlement might be the possession of wealth; and then to conclude that this "Justice in distributing common property... when a distribution is made from the common stock... will follow the same ratio as that between the amounts which the several persons have contributed to the common stock" (1131A 25-9 and 1131B 28-33). The common... (shrink)

For twenty years, _Teaching for Diversity and Social Justice_ has been the definitive sourcebook of theoretical foundations, pedagogical and design frameworks, and curricular models for social justice teaching practice. Thoroughly revised and updated, this third edition continues in the tradition of its predecessors to cover the most relevant issues and controversies in social justice education in a practical, hands-on format. Filled with ready-to-apply activities and discussion questions, this book provides teachers and facilitators with an (...) accessible pedagogical approach to issues of oppression in classrooms. The revised edition also focuses on providing students the tools needed to apply their learning about these issues. Features new to this edition include: A new bridging chapter focusing on the core concepts that need to be included in _all_ SJE practice and illustrating ways of "getting started" teaching foundational core concepts and processes. A new chapter addressing the possibilities for adapting social justice education to online and blended courses. Expanded overview sections that highlight the historical contexts and legacies of oppression, opportunities for action and change, and the intersections among forms of oppression. Added coverage of key topics for teaching social justice issues, such as establishing a positive classroom climate, institutional and social manifestations of oppression, the global implications of contemporary SJE work, and action steps for addressing injustice. New and revised material for each of the core chapters in the book complemented by fully-developed online teaching designs, including over 150 downloadables, activities, and handouts on the book’s Companion Website. A classic for teachers across disciplines, _Teaching for Diversity and Social Justice_ presents a thoughtful, well-constructed, and inclusive foundation for engaging students in the complex and often daunting problems of discrimination and inequality in American society. (shrink)

This article is part of a longer term project between the Department of Religion and Theology at the University of the Western Cape and Umea University in Sweden. At both the institutions the teaching of ethics as a module within social science curricula has been an important focus area. The critical investigation of the growth of the ethics modules in the Department of Religion and Theology addresses questions of the growth in the number of students taking ethics as (...) a module that have been escalated in the last few years. This research seeks to explore social justice as a pedagogy to teach ethics. The article investigates the relationship between socially just pedagogies and social justice as a means of knowledge production. The ethics modules and students at the Department of Religion and Theology at the University of the Western Cape are the context of the study, and different socially just pedagogies will be investigated as relevant and significant pedagogies for teaching ethics for social change. Particular attention is given to the interaction between the lecturer, student and non-human phenomena as means of knowledge production. The nature of the interaction determines the effectiveness of pedagogies for a social justice agency. (shrink)

This essay applies the principle of justice as fairness to the issue of same-sex marriage. I will outline Rawls’s theory of justice, including the original position and the veil of ignorance as the means by which choosers craft a just state. In considering whether same-sex marriage should be permissible, I argue that a just society, formulated in the Rawlsian context of justice as fairness, should allow them. I assert that gays and lesbians do count as equal (...) citizens because they possess the minimum requirements of the capacity for a sense of justice, a conception of the good, and the ability to be cooperating members of society. Furthermore, within the original position gays and lesbians will be represented because choosers do not know their sexual orientation because it is one of the individual characteristics that are withheld behind the veil. Since the choosers do not know their sexual orientation, they will be unable to use that information in their construction of what counts as a just state comprised of free and equal citizens. Because the family, and the institution of marriage as a primary manifestation of the family, is one of the major social institutions within the basic structure, limitations must be carefully scrutinized. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Social Justice and Subsidiarity: Luigi Taparelli and the Origins of Modern Catholic Social Thought by Thomas C. BehrPatrick Auer JonesSocial Justice and Subsidiarity: Luigi Taparelli and the Origins of Modern Catholic Social Thought by Thomas C. Behr (Washington, DC: Catholic University of America Press, 2019), ix + 259 pp.The status of Leo XIII's Rerum Novarum as the origin point of what has come (...) to be called Catholic Social Teaching (CST), or Catholic social doctrine, has been reinforced on the magisterial level by the commemorations of the encyclical by Pius XI, Paul VI, and John Paul II. It should be noted, then, that the tradition of CST is comparatively recent. Indeed, it is nearly coextensive with the twentieth-century. Nevertheless, this short tradition already calls for a ressourcement. As Russell Hittinger has pointed out, reflections on CST often move swiftly to the particulars of social issues without an adequate grasp even of its basic concepts: subsidiarity, solidarity, the common good, and the dignity of the person. Further, historical [End Page 1101] developments have had dramatic impact upon the ways in which these principles have been received and developed in the course of this young tradition.In his book Social Justice and Subsidiarity: Luigi Taparelli and the Origins of Modern Catholic Social Thought, Thomas C. Behr provides a major contribution to just such a ressourcement. He does this by presenting an introduction to the thought of the Jesuit scholar whose revival of Thomistic thought in a modern register formed the basis for Leonine social teaching. As Behr explains, Taparelli has remained a somewhat hidden figure in accounts of the genesis and development of CST. He goes unmentioned in the major social encyclicals of Leo and Pius, despite the fact that Leo himself was Taparelli's student. Because of his rhetorically and philosophically potent critique of Enlightenment thought and its effect on mid-nineteenth-century Europe, available to a popular audience through his frequent contributions to the Jesuit periodical La Civiltà Cattolica, Taparelli's name carried baggage for a Church that sought to move beyond the posture of reaction to liberal political orders.However, as Behr shows in the introduction, Taparelli hardly rejected the methods and insights of modern political thought tout court. Behr describes Taparelli's system as a "realist social science." This terminology speaks to the promise which Taparelli found in the sociological analysis of Montesquieu in particular. Though Taparelli judged that Montesquieu held a questionable preference for a republican political form, he greatly admired Montesquieu's ability to, as Behr puts it, "bring political theory into relationship with social theory and historical contingency" (8). Though Taparelli was not familiar with the work of Alexis De Tocqueville, Behr also notes the resonances between Taparelli's work and Tocqueville's political sociology and defense of "intermediary institutions." Yet Taparelli makes up for what the sociological approaches of Montesquieu and Tocqueville lack in the way of natural, teleological principles of politics. Behr alerts the reader from the very beginning of his work that, in approaching Taparelli, he will not find a simple recapitulation of Thomas, but rather a creative approach to political thought which aims to set what is worthy in the modern empirical methodologies on firmer foundations through the recovery of Thomistic-Aristotelian principles.In chapter 1, "Taparelli and the Age of Ideology," Behr situates Taparelli within the political conflicts of the early nineteenth century. Behr sets the scene for Taparelli's renovated Scholasticism by explaining the opposition between Catholic traditionalism (represented especially by Joseph De Maistre and Donoso Cortés) and Catholic liberalism (represented especially by Henri Dominique Lacordaire and his more radical associate Felicité de Lammenais). While the Catholic liberals aimed to convince both [End Page 1102] the ecclesiastical hierarchy and the anticlerical, postrevolutionary governments of Europe that Christianity upheld liberal and republican ideals, the traditionalists argued that Europe's moral and political derangement was the result of a rejection of the norms of tradition—especially of papal and monarchical authority. Remarkably, Taparelli entered neither of these camps. In the opening chapter, Behr stimulates the contemporary reader's interest by showing how Taparelli responded to a crisis of ideologies—progressive and... (shrink)

InA Theory of Justice, Rawls claims that “to each according to his threat advantage is not a conception of justice.” Although it may indeed seem intuitively plausible that a principle based on “threat advantage” cannot count as a principle of justice, it is an altogether different matter to explain why this is so. The question is especially pressing if one bears in mind that such a principle of bargaining in fact underlies many institutionally regulated interactions. Moreover, (...) to the extent that morality is thought of as a mechanism for guaranteeing mutual advantage in the resolution of conflicts, it may indeed seem necessary that it reflect the bargaining power of the parties (in order to make sure that it is indeed advantageous for all of them). In fact, there is a prominent tradition of social-contract theories (from Hobbes to Gauthier) that work under this assumption and claim to provide an answer to what justice requires as much as Rawls's theory does. So seen, the burden of proof seems to fall rather on the shoulders of those committed to claim both that morality is a mechanism that works to the advantage of all and that it nevertheless requires neutralizing all differences in bargaining power. (shrink)

In a fictional conversation designed to appeal to both working teachers and social philosophers, three educators take up the question of whether critical thinking itself can, or should, be taught independently of an explicit consideration of issues related to social justice. One, a thoughtful but somewhat traditional Enlightenment rationalist, sees critical thinking as a neutral set of skills and dispositions, essentially unrelated to the conclusions of morality, problems of social organization, or the content of any particular (...) academic discipline. A second interlocutor, steeped in “critical” pedagogy of Paulo Freire, insists that the problem is the pose of neutrality itself. On this view, all honest and effective approaches to teaching must confront the hegemony of unjust relationships, institutions, and conceptual schemes. The third character attempts to resolve the tension between these two opposed camps. (shrink)

In a fictional conversation designed to appeal to both working teachers and social philosophers, three educators take up the question of whether critical thinking itself can, or should, be taught independently of an explicit consideration of issues related to social justice. One, a thoughtful but somewhat traditional Enlightenment rationalist, sees critical thinking as a neutral set of skills and dispositions, essentially unrelated to the conclusions of morality, problems of social organization, or the content of any particular (...) academic discipline. A second interlocutor, steeped in “critical” pedagogy of Paulo Freire, insists that the problem is the pose of neutrality itself. On this view, all honest and effective approaches to teaching must confront the hegemony of unjust relationships, institutions, and conceptual schemes. The third character attempts to resolve the tension between these two opposed camps. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

This essay is concerned with the question of what kind of economic system would be needed in order to realize Rawls’s principles of social justice. Hitherto, debates about ‘property-owning democracy’ and ‘liberal socialism’ have been overly schematic, in various respects, and have therefore missed some of the most important issues regarding the relationships between social justice and economic institutions and systems. What is at stake between broadly capitalist or socialist economic systems is not in fact (...) a simple choice in a single dimension, but rather a range of choices across a range of different dimensions. This essay, then, has a dual objective: first, it aims to provide a richer account of this normative territory, while showing how issues of economic democracy, decommodification and the limits of markets, and the role of democratic economic planning, all raise questions of justice that are not well captured by focusing only on questions of ownership. Second, it aims to show how the case for democratic socialism can be developed from Rawlsian foundations, in a way that is sensitive to the normative affinities between Rawlsian liberal egalitarianism and democratic socialism, and which attends carefully to the different kinds of institutional elements which a stable, just, and democratic society would require. Taking these aims together, the hope is that we can move onward to a richer debate about the ways in which the realization of democratic socialist institutions may be seen as a requirement of social justice. (shrink)

Purpose. The purpose of the study lies in critical reconstruction of Thomas Hobbes’s social contract theory as an important principle not only of modern political anthropology, but also of modern and postmodern social projects. As well as, in the unfolding of the fundamentally important both for the newest social-philosophical and philosophical-anthropological discourses of the thesis that each individual is the origin of both personal and institutional freedom and justice, making the contract first of all with (...) himself, with his desires and sorrows and then with other people and the state. Theoretical basis. The principle of social contract offered by Hobbes became a new social, methodologically significant and relevant principle of regulation of activity, which indicates essential for the modern political philosophy and the philosophy of law transition from teleological to legal ideas of justice. For an in-depth study of the philosophical and anthropological aspects of Hobbes’s contractualism, we used the historical-comparative and contextualization method, as well as the works of leading native and foreign researchers of Hobbes, who uphold the provisions on the organic affiliation of fundamental socio-philosophical and philosophical-anthropological questions about the nature of man, the relation of coercion, freedom and justice with the discourse of social contract. Originality. On the basis of a consistent analysis of the anthropological component of Hobbes’s theory of social contract, an in-depth understanding of modern contractualism and contemporary discussions in the field of its existential and anthropological component is offered, as well as the thesis that political anthropology is the core of the philosophical anthropology because it makes possible the methodologically important understanding of the basic problems of human existence – the interaction of justice and freedom, self-interest and public good, as well as it quite clearly outlines the ways to overcome the dilemmas of liberalism and communitarianism, individualism and holism. Conclusions. Political anthropology of T. Hobbes constructed in the context of a modern social project, justified the issue of interaction between freedom and justice, which is fundamentally important to nowadays, through the search for such a way of social relations, in which an individual, being in the realm of social existence, would seek to limit his own selfishness and freedom for the sake of the common will of the majority. Thanks to Hobbes, the idea of external humility in disobedience to the inner, of freedom of conscience as a "human and citizen", of an understanding of individual independence, which is not just a permissible but accepted by state power, has been acquired with exceptional theoretical and practical meaning. Thanks to Hobbes’s works, the essence was revealed by the relationship between the cooperative and the conflicted vision of man. (shrink)

Using the principles of John Rawls' theory of justice, this book offers an alternative political vision; one which describes a mode of governance that will enable communities to implement a sustainable and socially just future. Rawls described a theory of justice that not only describes the sort of society in which anyone would like to live but that any society can create a society based on just institutions. While philosophers have demonstrated that Rawls's theory can (...) provide a framework for the discussion of questions of environmental justice, the problem for many philosophical theories is that discussions of sustainable development open the need to address questions of ecological interdependence, historical inequality in past resource use and the recognition that we cannot afford to ignore the limitations of growth. These ideas do not fit in comfortably in standard discourse about theories of justice. In contrast, this book frames the discussion of global justice in terms of environmental sustainability. The author argues that these ideas can be used to develop a coherent political theory which reconciles cosmopolitan arguments and the non-cosmopolitan or nationalist arguments concerning social and environmental justice. This book will be of great interest to students and scholars of environment philosophy and ethics, moral and political philosophy, global studies and sustainable development. (shrink)

InA Theory of Justice, Rawls claims that “to each according to his threat advantage is not a conception of justice.” Although it may indeed seem intuitively plausible that a principle based on “threat advantage” cannot count as a principle of justice, it is an altogether different matter to explain why this is so. The question is especially pressing if one bears in mind that such a principle of bargaining in fact underlies many institutionally regulated interactions. Moreover, (...) to the extent that morality is thought of as a mechanism for guaranteeing mutual advantage in the resolution of conflicts, it may indeed seem necessary that it reflect the bargaining power of the parties (in order to make sure that it is indeed advantageous for all of them). In fact, there is a prominent tradition of social-contract theories (from Hobbes to Gauthier) that work under this assumption and claim to provide an answer to what justice requires as much as Rawls's theory does. So seen, the burden of proof seems to fall rather on the shoulders of those committed to claim both that morality is a mechanism that works to the advantage of all and that it nevertheless requires neutralizing all differences in bargaining power. (shrink)

From nineteenth-century abolitionism to Black Lives Matter today, progressive social movements have been at the forefront of social change. Yet it is seldom recognized that such movements have not only engaged in political action but also posed crucial philosophical questions about the meaning of justice and about how the demands of justice can be met. -/- Michele Moody-Adams argues that anyone who is concerned with the theory or the practice of justice—or both—must ask what (...) can be learned from social movements. Drawing on a range of compelling examples, she explores what they have shown about the nature of justice as well as what it takes to create space for justice in the world. Moody-Adams considers progressive social movements as wellsprings of moral inquiry and as agents of social change, drawing out key philosophical and practical principles. Social justice demands humane regard for others, combining compassionate concern and robust respect. Successful movements have drawn on the transformative power of imagination, strengthening the motivation to pursue justice and to create the political institutions and social policies that can sustain it by inspiring political hope. -/- Making Space for Justice contends that the insights arising from social movements are critical to bridging the gap between discerning theory and effective practice—and should be transformative for political thought as well as for political activism. (shrink)

This book develops and applies a unified interpretation of John Rawls’ theory of justice as fairness in order to clarify the account of citizenship that Rawls relies upon, and the kind of educational policies that the state can legitimately pursue to promote social justice. Costa examines the role of the family as the "first school of justice" and its basic contribution to the moral and political development of children. It also argues that schools are (...) necessary to supplement the education that families provide, teaching the political virtues that support just social institutions. The book also examines the questions of whether civic education should aim at cultivating patriotic feelings, and how it should respond to the deep cultural pluralism of contemporary democratic societies. (shrink)

There exists the putative assumption that since those values that legitimate social practices and institutions are liberal values, then the most coherent form of justification for their universal applicability must — and can only — be a liberal one. The aim of this article is to unravel the foundations of this assumption and, in doing so, to demonstrate that the transition from comprehensive to political liberalism is an expression of postmodern concerns at the heart of liberalism. The central claim (...) I wish to make is twofold: first, John Rawls's concentration on the problem of legitimacy over and above justice leads to an acceptance of the social thesis, albeit in a minimal form. Two, as a consequence of this, the Kantian form of practical reason that informs his work has to be modified to avoid problems with motivation. In the succeeding section, I reverse the direction of argument and concentrate on an explicitly hermeneutical liberalism, that of Gianni Vattimo, which avowedly embraces the substantive implications of the social thesis and yet attempts to demonstrate that the aims of interpretation and understating entail a commitment to liberal political values. Although the social thesis can offer a plausible account of political motivation congruent with the demands of legitimacy, it must also be committed to a minimal formal account of practical reason much to the chagrin of the critics of postmodern ethics who accuse all contextual thought of exhibiting strong irrational tendencies. The intention of the conclusion is to show that whether one begins from the liberal commitment to formal values, or the postmodern contextual commitment to substantive, situated values, one must be committed to a political form of autonomy that is both non-comprehensive yet necessarily situated. Moreover, the recognition of these concerns necessitates a simultaneous avowal of postmodern themes in order for political liberalism to be fully coherent and persuasive as a political doctrine, as well as an explicit recognition of the formal claims of reason by any postmodern thought. (shrink)

It has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at (...) the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy. (shrink)

Who has what and why in our societies is a pressing issue that has prompted explanation and exposition by philosophers, politicians and jurists for as long as societies and intellectuals have existed. It is a primary issue for a society to tackle this and these answers have been diverse. This collection of essays approaches some of these questions and answers to shed light on neglected approaches to issues of distribution and how these issues have been dealt with historically, socially, (...) conceptually, and practically. The volume moves away from the more dominating and traditionally cast understandings of distributive justice and shows novel and unique ways to approach distributive issues and how these can help enlighten our course of action and thought today by creating new pathways of understanding. The editors and contributors challenge readers by exploring the role and importance of restorative justice within distributive justice, exploring the long shadow of practices of trusteeship, and concepts of social and individual rights and obligations in welfare and economic systems, social protection/provision schemes, egalitarian practices and post-colonial African political thought. Distributive Justice Debates in Political and Social Thought empowers the reader to cast a more critical and historically complete light on the idea of a fair share and the implications it has on societies and the individuals who comprise them. (shrink)

It has been widely observed that virtue ethics, regarded as an ethics of the ancient, in contrast to deontology and consequentialism, seen as an ethics of the modern (Larmore 1996: 19–23), is experiencing an impressive revival and is becoming a strong rival to utilitarianism and deontology in the English-speaking world in the last a few decades. Despite this, it has been perceived as having an obvious weakness in comparison with its two major rivals. While both utilitarianism and deontology can at (...) the same time serve as an ethical theory, providing guidance for individual persons and a political philosophy, offering ways to structure social institutions, virtue ethics, as it is concerned with character traits of individual persons, seems to be ill-equipped to be politically useful. In recent years, some attempts have been made to develop the so-called virtue politics, but most of them, including my own (see Huang 2014: Chapter 5), are limited to arguing for the perfectionist view that the state has the obligation to do things to help its members develop their virtues, and so the focus is still on the character traits of individual persons. However important those attempts are, such a notion of virtue politics is clearly too narrow, unless one thinks that the only job the state is supposed to do is to cultivate its people’s virtues. Yet obviously the government has many other jobs to do such as making laws and social policies, many if not most of which are not for the purpose of making people virtuous. The question is then in what sense such laws and social policies are moral in general and just in particular. Utilitarianism and deontology have their ready answers in the light of utility or moral principles respectively. Can virtue ethics provide its own answer? This paper attempts to argue for an affirmative answer to this question from the Confucian point of view, as represented by Mencius. It does so with a focus on the virtue of justice, as it is a central concept in both virtue ethics and political philosophy. (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 book develops and applies a unified interpretation of John Rawls’ theory of justice as fairness in order to clarify the account of citizenship that Rawls relies upon, and the kind of educational policies that the state can legitimately pursue to promote social justice. Costa examines the role of the family as the "first school of justice" and its basic contribution to the moral and political development of children. It also argues that schools are (...) necessary to supplement the education that families provide, teaching the political virtues that support just social institutions. The book also examines the questions of whether civic education should aim at cultivating patriotic feelings, and how it should respond to the deep cultural pluralism of contemporary democratic societies. (shrink)

Patriarchal institutions govern all aspects of women's lives: their minds, their bodies, and their souls. Additionally, they govern the ways in which women are perceived by others and the ways in which women perceive themselves. (Re) Interpretations: The Shapes of Justice in Women's Experience, is a collection of essays on language, religion, war, sex trafficking, and medicine-the patriarchal structures that form the basis of western society and, thus, are in many ways inherently unjust. The essays illustrate the multitude of (...) ways that women have found to work within and without these structures to create justice. Traditional theories of justice cast it as a cardinal virtue, unbiased and impartial. The essays in this book, however, remove justice from the abstract and return it to the specific: most of the essays use personal narratives to highlight the connections all people share. The women discussed here are challenging the authority of existing patriarchal narratives by telling their versions, and, thus, calling attention to and challenging their own political and social realities. Reflecting a focus on global connectedness and interdisciplinarity, the writers of these essays aim not only to raise questions, but also to show ways in which women are creating new pathways for themselves. Only by exploring solutions will women reclaim justice. From L.A. to Zimbwabe, women have stories to tell about their experiences of justice in the inherently patriarchal institutions of Language, Religion, War, Sex Trafficking, and Medicine. This relevant and thought-provoking collection captures the trials that women across the world face and the hope they create through their courageous actions. Through both personal narrative and factual overview, these essays emphasize that as people committed to justice, women must not simply raise the questions, but they must also explore solutions in order to reclaim justice for themselves, their daughters, their sisters, and their mothers. Contributors: Yifat Bitton, Stephany Ryan Cate, Jo Scott-Coe, Susan Dewey, Carmela Epright, Carmen Faymonville, Adam Gaynor, Pauline Greenhill, Denise Handlarski, Alison Jobe, Marc J.W. de Jong, Jodie M. Lawston, Jody Lisberger, Kristy Maher, Susan Maloney, Mickias Musiyiwa, Ruben Murillo, Annemarie Profanter, Natalie Wilson, and J. Carter Wood. (shrink)

Within the framework of the contemporary discussions of the presuppositions of democracy, the author of this paper poses the question whether discussing justice primarily from the social rather than the personal aspect and level is, perhaps, more appropriate. This ties in with the question of the primary object of justice – is justice the trait of social institutions or individuals? Thus the question of what kind of justice matches democracy. The author explicates this network (...) of questions through three underlying models of the theory of justice – Plato, Aristotle and Rawls’s model. Plato’s model is about the realisation of a good life in a political community in view of the idea of justice that one should do that which is proper to one. Aristotle’s understanding of justice sets forth from a systematic analysis of the concepts that differentiate between the levels of general and particular justice. Rawls’s model of distributive justice rests on the mechanism of the forces of the institutional functional frameworks in well-organised societies. The author’s conclusion is that both forms of justice correspond well to the realisation of democracy. It is best when one’s personal disposition to justice provides strength and support to the social institutions of democracy. Without an adequate institutional framework there is, most certainly, no democracy. Without the personal support of citizens, which issues from fundamental consent, democracy can neither be sustained nor developed. In a democratic system, the private sphere of citizens cannot be fully separated from their public actions. Democracy always and necessarily contains in itself some of the political ideals, which citizens cannot, in their worldviews, relate to neutrally. The questions of the institutional and political shaping of relations, and the questions of the good and just life should be in the interest of the citizens. If they do not accomplish their democratic ideals through their own belief and virtue, then there is no substance that would shape identity for a just system of social institutions. If they do not relate to it as to their own common sense and good to be preserved, democracy has no prospects. (shrink)

As Axel Honneth has recently noted, the critical concerns of social philosophers during the past three decades have been focused primarily on questions of justice, with ethical issues about the human good being largely excluded. In the first section I briefly explore this exclusion in both ‘Anglo-American’ political philosophy and ‘German’ critical theory. I then argue, in the main sections, that despite this commitment to their exclusion, distinctively ethical concepts and ideals can be identified both in (...) class='Hi'>Rawls’s Theory of Justice and in Habermas’s Theory of Communicative Action, taking these as exemplary, representative texts for each theoretical school. These ethical elements, and their implications for the critical evaluation of economic institutions, have gone largely unnoticed. In the final section I indicate the kinds of debates that might be generated, were these to be given the attention they arguably deserve. I focus especially on the significance of empirical issues, and hence on the role of social science in social criticism. (shrink)

In my recent article, I addressed the question of whether a potential categorical exclusion of decisionally impaired patients from non-therapeutic medical research would be inaccordance with the Principle of Justice as Fairness. I came to the conclusion that a categorical exclusion of decisionally impaired persons from relevant research projects may collide with Rawls’s understanding of Justice as Fairness. Derek Bell has criticized my paper by denying that it is legitimate to apply Rawls to this bioethical problem. (...) In my restatement I try to show that an extrapolation of John Rawls’s thought to such bioethical cases is possible, because Rawls himself has written that his orientation towards decisionally non-impaired persons is an idealized situation that allows extrapolations. In a second part I try to show that Bell hasroughly misunderstood my concept of “presumed consent” which I make a prerequisite for the legitimisation of research on decisionally impaired persons. In using advance consent as a proposal for resolving the problem, Bell has indirectly confirmed my approach because he is using a similar construct of consent, which operates with similar hypotheses and probabilities of error. I see here no categorical difference between Bell’s conclusion and my discussion. Thus, Bell’s reply does not represent a refutation of my thoughts, but rather it is a para phrased confirmation of my central theses. I conclude by showing the relevance of Rawls, pointing out that the discussion between Bell and me illustrates how Rawls’s concept of reflective equilibrium is an appropriate approach to finding a solution to this bioethical problem. (shrink)

This study attempts to situate ethical discourse within descriptions of a moral context which do justice both to concrete individual moral experiences and to the socio-historical framework within which they are lived. In light of these descriptions it is argued that an adequate theory of morality must focus on the essential continuity between the individual moral life and the communal practices and institutions which constitute our ethical substance. ;In Chapter One it is shown how the existentialist liberation of the (...) moral subject centers ethical concerns around the concrete living individual, who, for the most part, had no place in traditional ethics. ;In Chapter Two it is argued that the existentialist revolt in morals is incomplete and misguided, insofar as the power of individual freedom is overemphasized and the weight of socio-historical reality is neglected. On the basis of hermeneutical analysis of human existence, it is shown how the cultural fabric of interpretations and practices sustains and gives meaning to the moral life. On the basis of Sartre's Marxism, it is shown how the social field of classes and violence alienates and frustrates our individual moral projects. ;In Chapter Three it is asked what implications for ethical theory and conduct emerge from these descriptions of the moral context. It is argued that while Heidegger's thought provides an important criticism of the history of ethics, it escapes all concrete applications to ethical discourse. In this respect Gadamer's hermeneutics is found more fruitful, although his Aristotelian account of the situated moral life underestimates the ideological distortions of the moral context as well as the power of moral consciousness to reject tradition and project its freedom. In order to abet such a critical account of morality, Habermas' analysis of the moral consciousness and its development within the socialization process is introduced. But it is argued that Habermas' emphasis on a theoretical grounding of ethical discourse loses touch with the concrete existential/historical dimension of the moral life. It is proposed that only by moving out from descriptions of individual experiences of injustices and wrongs will it be possible to successfully combine moral and social considerations in a critical theory with practical intent. (shrink)

John Rawls famously claims that ‘justice is the first virtue of social institutions’. On one of its readings, this remark seems to suggest that social institutions are essential for obligations of justice to arise. The spirit of this interpretation has recently sparked a new debate about the grounds of justice. What are the conditions that generate principles of distributive justice? I am interested in a specific version of this question. What conditions generate egalitarian (...) principles of distributive justice and give rise to equality as a demand of justice? My paper focuses on relationalist answers to this question. Advocates of relationalism assume that ‘principles of distributive justice have a relational basis’, in the sense that ‘practice mediated relations in which individuals stand condition the content, scope and justification of those principles’. To say that principles of justice are ‘based’ on and ‘conditioned’ by practice mediated relations is ambiguous. I will here be concerned with advocates of what I call the relationalist requirement , viz. positions which assume that ‘practice mediated relations’ constitute a necessary existence condition for principles of egalitarian distributive justice. Relationalists who endorse this view come in different varieties. My focus is on relationalists that view social and political institutions as the relevant ‘practice mediated relation’. The question at stake, then, is this: Are institutionally mediated relations a necessary condition for equality to arise as a demand of justice? Strong relationalists of the institutionalist cast, call them advocates of the institutionalist requirement , differ in important respects. They argue about what set of institutions is foundationally significant, and they disagree on why only that institutional relation gives rise to egalitarian obligations of justice. My paper engages two ways of arguing for the institutionalist requirement : Julius’s framing argument and Andrea Sangiovanni’s reciprocity argument . The issue at stake are the grounds of egalitarian justice and I will argue that the institutionalist requirement is mistaken. It is not the case that egalitarian obligations of distributive justice arise only between and solely in virtue of individuals sharing a common institution. (shrink)

Kantian constitutivists, like Velleman and Korsgaard, argue that there are norms internal to individual agency. Yet as Gilbert and others have argued there may be norms internal to shared agency as well. Might political principles of justice be norms of this second kind? I turn to the history of philosophy for an answer, focusing on Rousseau’s classic work the Social Contract. Rousseau is much better known as a social contract theorist – but I argue that he is (...) also a constitutivist about group agency. This means he is a thinker for whom success or failure in realizing the demands of justice is nothing other than success or failure in acting together. Unjust regimes, e.g. despotic ones, are ones whose members fail to genuinely act together. Interpretively, this approach has the advantage of explaining away the appearance of totalitarian tendencies in Rousseau’s thinking (‘the general will is always right’). Philosophically, it has the advantage of revealing in Rousseau’s writings what I believe is a unique type of social contract theory, resolutely non-hypothetical and normatively robust. In the closing sections, I revisit the oft-raised question of Rousseau’s relation to Rawls in light of the interpretation of the former proposed here. (shrink)

This paper examines the intrinsic relation between institutions and social justice. Its starting point is that processes of institutionalization invoke societal groups to articulate justice demands which, in their turn, give rise to processes of institutional redesign. In liberal democracies, demands for justice are articulated as a pursuit for emancipation and empowerment of groups that feel excluded by dominant categorizations. The imminent presence of this twin pursuit for justice can be explained by the conceptual (...) inconsistencies that characterize the distinction between the public and private sphere. These inconsistencies also explain why demands for emancipation and empowerment are intrinsically ambiguous and inconsistent. In order to reconsider the question how institutions are to be adapted to allow for social justice while acknowledging the plurality, ambiguity and volatility of justice demands, the paper will propose an empirical and normative research agenda. (shrink)

In this paper, I engage with the debate between John Rawls and Charles Mills. In the first part, relevant works by Rawls and Mills are mainly examined. To this end, I first begin by examining Rawls’s ideal theory of justice and its relevance to the issue of racism. I then consider Mills’s non-ideal critique of Rawls and supplement it with the help of the notion of social norms. Whereas Rawls’s view can deal with (...) racial injustice as discrimination, in my view, I argue that Mills’s theory is mostly concerned with racist injustice as oppression. Between racial injustice as discrimination and racist injustice as oppression, however, there are varying degrees of race-related wrongs, which can be elucidated by harmful social norms. As a result, I conclude that Mills’s point can be shown without supposing that the Rawlsian basic structure is inherently racist. (shrink)

Are DRGs just? This is the primary question which this essay will answer. But there is a prior methodological question that also needs to be addressed: How do we go about rationally (non-arbitrarily) assessing whether DRGs are just or not? I would suggest that grand, ideal theories of justice (Rawls, Nozick) have only very limited utility for answering this question. What we really need is a theory of “interstitial justice,” that is, an approach to making justice (...) judgments that is suitable to assessing the social practices and institutions that comprise the interstices of our social life as opposed to its basic structure. Rawls's appeal to “our considered moral judgments” provides us with a useful starting point for this task, which we shall discuss in the first part of this essay. In the second part, we shall actually assess DRGs from the perspective of interstitial justice. What we shall show is that DRGs violate a large number of our considered judgments regarding a just approach to financing health care for the elderly in a cost-effective manner. This is true to such an extent that efforts to reform DRGs and make them fairer, such as the recent effort by Robert Veatch, should be abandoned. In the concluding section of the essay we discuss one especially pernicious feature of DRGs, namely, that they represent an invisible approach to rationing access to health care. In the minds of many this is one of the virtues of DRGs. That claim needs critical examination. (shrink)

This chapter contains sections titled: I II III IV V.

Henry Odera Oruka was one of the most influential figures in 20th-century African philosophy. During the early years of the decolonization of African countries, as universities worked to redefine themselves, Odera drove changes to curricula and research. A tireless advocate for democracy and human rights in Africa, he repeatedly intervened in the political debates of his time. -/- This is the first critical biography of both the man himself and African philosophy in the context of changing times, taking us through (...) his early life, scholarly training, and Oruka's way of transforming the field of philosophy as it was taught in Kenya. -/- The narrative unfolds from the personal to the global, from Africa to the world, and from African philosophy to the wider field of philosophy. Biographical material is woven with narratives of the social conditions and live questions as they arise in Oruka's life in Kenya, Sweden, and the United States. We are introduced to his understanding of philosophy as a critique of society. Exposing prison practices in Africa and targeting capitalists, Oruka sought to remedy social problems on a global scale, from institutional racism and ethnic division to the wealth gap between rich and poor nations. -/- Through archival material, personal interviews and primary texts, this book shines a light on Oruka's monumental contribution to African philosophy and global justice. Finally we can see how Oruka's insights are still relevant to how we think about poverty, philosophy and human rights today. (shrink)

This is an examination of some Left critiques of Rawls. Stress is put, not on his underlying moral methodology, including his contractarianism, though surely there is need for such a critique as well, but on an examination of his principles of justice, particularly his equal liberty principle and his difference principle. This is often thought to be the heart of his theory. It is argued that Rawls’ asociological and ahistorical approach and his ignoring of questions of (...) power and of ideology and his lack of an adequate conceptualization of liberty lead to major distortions in his account. Both principles are shown to be problematic and the equal liberty principle is shown to be in conflict with the difference principle. (shrink)

I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular (...) circumstances of individuals from them so that they will not be influenced by self-interest. I adapt Rawls' methodology by introducing an abstract description of information technology to those deliberating about justice from within the original position. This abstract description focuses on computing devices that users can use to access information and information networks that information devices use to communicate. The abstractness of this description prevents the particular characteristics of the Internet and the computing devices in use from influencing the decisions about the just use and regulation of information technology and networks. From this abstract position, the principles of justice that the participants accept for the rest of society will also apply to the computing devices people use to communicate, and to Internet regulation. (shrink)

People currently regard justice as the main principle of institutions and society, while in ancient Greek people took it as the virtue of citizens. This article analyzes Aristotle’s virtue of justice in his method of virtue ethics, discussing the nature of virtue, how justice is the virtue of citizens, what kind of virtue the justice of citizens is, and the prospect of the virtue of justice against a background of institutional justice. Since virtue (...) can be said to be a specific individual character, Aristotle also defines the virtue of justice as the character of justice, with which citizens act justly and desire to do what is just. The virtue of justice is also an individual ethical virtue, differing from others for it is at the same time a social ethic. We can call the virtue of justice a “non-individual individual ethical virtue.” It has been explained as between pure altruism and egoism, which is a wrong explanation. John Rawls regards justice as the first virtue of social institutions, challenging Aristotle’s virtue of justice, an assertion which also needs further deliberation. (shrink)

Purpose. This paper aims to show how the views of Kant persist in the modern debate on social justice and to outline the practical and political potential contained in his understanding of a just state system and international justice. To that end, I will present what Kant meant by a just state system and just relationships between states. Then, I will reference his understanding of social justice against three fundamental models of social justice (...) thus far established in the philosophical tradition: the legal, distributive, and contractual justice. Finally, I will explain how the Kantian understanding of social justice is reflected in select modern interpretations of a just state system and justice in international relationships, and how we can grasp the current practice and the expected development of sociopolitical life in the framework of social justice as understood by Kant. Originality. The article presents the theoretical-conceptual and practical-political relevance of the concept of social justice, developed by I. Kant. It was shown that Kant considered justice to be the basis of all correct social relations, both at the level of individual states and in the sphere of international relations. According to Kant, the only just state system is a republic. In his opinion, justice in the field of international relations requires that they be based on the principles of federal unification of individual states. The concept of social justice developed by Kant can be identified as a form of classically understood contractual justice. In addition, Kan’s notion of justice was correlated with the works of modern authors: John Rawls, Robert Nozick and Otfried Höffe, showing identical and different elements in them. Conclusions. The reflections above suffice to assert that the Kantian understanding of social justice primarily involves the following observations: 1. under a relevant contract, interested parties institute a public authority, i.e. a republican state or a federal institution endowed with judicial or executive powers ; 2. the institution of public authority remains fair in dealings with the governed; 3. the public authority has the right to intervene only in the circumstances of threat to the external freedom, equality and independence of the governed individuals; 4. the public authority is responsible only for guaranteeing just relations between individuals and the enforcement of their contracts. Furthermore, Kantian understanding of justice falls within the scope of the classical notion of contractual justice and remains present in the modern debates on justice, as exemplified by the thought of Rawls, Nozick and Höffe. Finally, the Kantian understanding of social justice remains topical and worthy of consideration during the design and the development of current and future solutions for a just public order, both at the national and international level. (shrink)

Some of us were introduced to political philosophy as an activity of identifying, criticising, and revising the moral basis of existing social institutions. We asked questions about the nature of the good or the just society, and some few of us thought that once we knew and advocated the truth, it would win out. We, or some appropriate revolutionary or reforming group or class, would with reason, truth, and history on our side, bring about the society of our (...) ideals. When we first read John Rawls's A Theory of Justice we read it as continuing the traditional tasks of political philosophy. Justice as Fairness was a moral theory which addressed a political subject matter. From the moral point of view it told us what any just society aiming to realise the values of liberty and equality would be like. This comported nicely with liberal cosmopolitanism, and also with more widely shared philosophical views that the task of political philosophy is to construct a vision of an ideal society, perhaps more sensitive to justice in implementation than would be required in pre-modern, pre-democratic societies, but nevertheless an ideal which in the long run we would hope to see all societies converge on. That kind of liberalism gave those of us who think that Rawlsian justice is the right or true justice a license to go on the offensive in promoting liberal ideals and practices in our own society, and, at the very least, a critical vantage point from which to judge other societies. (shrink)

In search of good -- A Socratic question -- Flourishing and well-being -- Mind and value -- Utilitarianism -- Rawls and the priority of the right -- Right, wrong, should -- The elimination of moral rightness -- Rules and good -- Categorical imperatives -- Conflicting interests -- Whose good? The egoist's answer -- Whose good? The utilitarian's answer - Self-denial, self-love, universal concern -- Pain, self-love, and altruism -- Agent-neutrality and agent-relativity -- Good, conation, and pleasure -- "Good" and (...) "good for" -- "Good for" and advantage -- "Good that" and "Bad that" -- Pleasure and advantage -- Good for S that P -- The "for" of "good for" -- Plants, animals, humans -- Ross on human nature -- The perspectival reading of "good for" -- The conative approach to well-being -- Abstracting from the content of desires and plans -- The faulty mechanisms of desire formation -- Infants and adults -- The conation of an ideal self -- The appeal of the conative theory -- Conation hybridized -- Strict hedonism -- Hedonism diluted -- Prolegomenon to flourishing -- Development and flourishing: the general theory -- Development and flourishing: the human case -- More examples of what is good -- Appealing to nature -- Sensory un-flourishing -- Affective flourishing and un-flourishing -- Hobbes on tranquility and restlessness -- Flourishing and un-flourishing as a social being -- Cognitive flourishing and un-flourishing -- Sexual flourishing and un-flourishing -- Too much and too little -- Comparing lives and stages of life -- Adding goods: Rawls's principle of inclusiveness -- Art, science, and culture -- Self-sacrifice -- The vanity of fame -- The vanity of wealth -- Making others worse-off -- Virtues and flourishing -- The good of autonomy -- What is good and why -- The sovereignty of good -- The importance of what is good for us -- Good's insufficiency -- Promises -- Retribution -- Cosmic justice -- Social justice -- Pure antipaternalism -- Moral space and giving aid -- Slavery -- Torture -- Moral rightness revisited -- Lying -- Honoring the dead -- Meaningless goals and symbolic value -- Good-independent realms of value -- Good thieves and good human beings -- Final thoughts. (shrink)

In his Democratic justice and the social contract, Weale presents a distinctive contingent practice-dependent model of ‘democratic justice’ that relies heavily on a condition of just social and political relations among equals. Several issues arise from this account. Under which conditions might such just social and political relations be realised? What ideal of equality is required for ‘democratic justice’? What are its implications for the political ideal of citizenship? This paper focuses on these (...) class='Hi'>questions as a way to critically reconsider Weale’s model. After presenting Weale’s procedural constructivism, I distinguish his model from an institutional practicedependent model, one salient example of which is Rawls’s political constructivism. This distinction allows for a formulation of the social and political equality required for justice in each case. The contingent model assumes that an equality of ‘status’ will generate just social practices, yet it fails to recognise that an equality of ‘role’ is also important to ensure citizens’ compliance. The paper ultimately seeks to show that the contingent model is insufficient to ensure that just social practices will become stable. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

The recent posthumous publication of John Rawls's undergraduate thesis 'A Brief Inquiry Into the Meaning of Sin and Faith: An Interpretation Based on the Concept of Community' constitutes a welcome opportunity to examine the relationships between Rawls's religious commitments and his political philosophy. In this essay, informed by a complete examination of Rawls's archived papers at Harvard, I set out some of these commitments, trace their development over time, and indicate some of the ways they find expression (...) in Rawls's political thought. In the 1990s Rawls characterized his life's work as addressed to a question 'essentially religious in nature': Can human nature be redeemed? It is perhaps, then, no surprise that reading his work against the background of his, eventually non-theistic, religious commitments and concerns helpfully casts it in a new light. (shrink)

In this article I interpret John Rawls’s concept of the original position as a spiritual exercise. In addition to the standard interpretation of the original position as an expository device to select principles of justice for the fundamental institutions of society, I argue that Rawls also envisages it as a “spiritual exercise”: a voluntary personal practice intended to bring about a transformation of the self. To make this argument, I draw on the work of Pierre Hadot, a (...) philosopher and classicist, who introduced the idea of spiritual exercises as central to ancient and modern conceptions of philosophy. By reading Rawls alongside Hadot, this article portrays Rawls as a thinker deeply concerned with the question of how subjects can lead more just and fulfilling lives. It also proposes that the original position as a spiritual exercise can help defend liberalism as a social and political doctrine. (shrink)

The article explores the relationship between the dialogical way of existence of religion and social stability. The author argues that dialogue is becoming a way of existence of religion in societies with a high level of religious freedom. The author emphasizes constructive types of communication between religions, one of which is traditionally interreligious (interfaith) dialogue. The definition of religious dialogue as a broad communication phenomenon is considered, which, in particular, involves the interaction of not only religions with each other (...) (interreligious, interfaith dialogue), but also communication between religion and society (religious and social dialogue) on important issues of the present, and reactions to them. It is substantiated that the reluctance of a certain religious institution to engage in dialogue may be based on the theological position of the church caused by the phenomenon of «ambivalence of the sacred». Some ways to restore the dialogue of religions and overcome the conflict conditions of their interaction are proposed. In conclusion, it is noted that the «war of civilizations» launched by the Russian Federation in Ukraine brings the dialogue of religions to a new level, namely: requires a revision of certain theological theories, the formation of new theological visions; significantly actualizes the issues of justice, heroism, good and evil, the impossibility of violence, ethical problems and their reflection in theological thought; requires religions to take a civic stance, where it is no longer possible to speak of secularization in the sense of separation of religion from politics; sharpens and problematizes the attitude of religions to the national question as a result of the Russian Federation’s provoked terrorist methods of warfare, and thus the threat to humanity of genocide on a national basis; raises the issue of universal values, the humanistic paradigm and personal responsibility, which brings all religious systems too close together; meta-anthropologizes religion, absolutizes humanism as a value when a believer «goes beyond» mere existence to approach eternal truths, where the concept of «salvation» loses its narrowly individualistic characteristic. (shrink)

This paper argues that a comparative study of the idea of a sense of justice in the work of John Rawls and the early Chinese philosopher Kongzi is mutually beneficial to our understanding of the thought of both figures. It also aims to provide an example of the relevance of moral psychology for basic questions in political philosophy. The paper offers an analysis of Rawls’s account of a sense of justice and its place within his (...) theory of justice, focusing on the features of this capacity and how it develops. It then provides an account of the sense of justice in Kongzi’s thought as it is seen in the Analects. Finally, it shows how examining the similarities and differences between the two accounts can deepen our understanding of both views, as well as our appreciation for the importance of understanding how a sense of justice develops. (shrink)

I examine some of the main philosophical, conceptual and normative issues in Colleen Murphy’s recent book The Conceptual Foundations of Transitional Justice (2017). I am sceptical whether we need yet another theory of justice to fit particular ‘transitional circumstances’, as Murphy argues. Instead, before presenting an alternative normative, ‘moral’ theory, we need to re-examine the very concept of transitional justice. I examine particularly the following. Firstly, what we really mean by ‘transitional justice’ in various contexts; and (...) I argue that transitional justice is not, as Murphy argues, ‘a special kind of justice’ needed during certain periods of political and social change. Transitional justice is rather an escape route from difficult questions of justice that transitional societies must deal with to maintain the delicate balance between justice and peace. Currently, the concept of transitional justice refers most directly to the overarching and expanding ‘toolkit’ of various mechanisms and processes used in post-conflict reconstruction. It is not quite clear how this toolkit fits with current debates on global, international, regional and local justice. Indeed, I would have preferred that Murphy focus on the complex conceptual foundations of transitional justice, rather than build a theory that conceptually and foundationally remains complex and ambiguous. (shrink)

Many scholars of organizations see social enterprise as a promising approach to advancing social justice but neglect to scrutinize the normative foundations and limitations of this optimism. This article draws on Rawlsian political philosophy to investigate whether and how social enterprises can support social justice. We propose that this perspective assigns organizations a duty to foster institutional capacity, a concept we define and elaborate. We investigate how this duty might apply specifically to (...) class='Hi'>social enterprises, given their characteristic features. We theorize six different mechanisms through which social enterprises might successfully discharge this duty. These results affirm the value of conversation between organizational studies and political philosophy and shed new light on debates regarding social enterprise, institutional theory, and several other topics. (shrink)