This chapter contains sections titled: Primary Goods, Self‐Respect, and Capabilities Primary Goods: The Empirical Evidence What is the Role of the State in Redistributing PrimaryGoods? Conclusion References.

Among major contractarian theorists, David Gauthier has the most ambitious philosophical aims. John Rawls has recently made clear that his theory of justice is not intended to provide a timeless and culturally invariant account of justice derived from the theory of rational choice. Yet Gauthier, in his rightly acclaimed and widely influential writings, attempts to provide just such an account of morality and distributive justice. With this new publication of a collection of his most important articles from (...) the past two decades following, by four years, the appearance of his systematic treatise on ethics we are now in a good position to assess Gauthier's moral theory. (shrink)

significant role for accomplishment thereby admits a ‘Trojan Horse’ (267).1 To abandon hedonism in favour of a conception of well-being that incorporates achievement is to take the first step down a slippery slope toward the collapse of the other two pillars of utilitarian morality: welfarism and consequentialism. We shall argue that Crisp’s arguments do not support these conclusions. We begin with welfarism. Crisp defines it thus: ‘Well-being is the only value. Everything good must be good for some being or beings’ (...) (264). The first part of this definition is potentially misleading, since it makes it sound as if welfarism adopts a monistic account of value, in which well-being is the only good thing. But well-being, as Crisp notes, when discussing hedonism, is best understood as consisting in a balance of good things over bad in one’s life. So understood, welfarism is silent on the issue of what things are good; it places a structural restriction on what kinds of things can be good: they must be things that are good for beings. It is a separate task to supply the content to fit this structure by determining what things are good, and welfarists differ in their answers: hedonists traditionally assert that pleasure alone is good; others add further items such as knowledge and virtue. Why is the thought that a person’s well-being depends importantly on what they accomplish a threat to welfarism? An accomplishment is judged both by its outcome or product and by the manner of the performance itself. But an activity or outcome is only an achievement if it is worthwhile, and whether it is worthwhile will depend on whether it exhibits what Crisp asserts to be ‘non-welfarist values’ (266), such as beauty, grace, importance, or style - excellences which welfarism, in Crisp’s view, cannot accommodate because they cannot be ‘cashed out in welfarist terms’, or ‘reduced to the value of well-being’ (266). Here Crisp rests his case, but it is worth trying to get clearer about the difficulties in order to see if the welfarist can meet them.. (shrink)

Il contributo sostiene che una versione lunga e composita del Viaggio notturno del profeta e della sua ascensione, attribuita a Ibn ‘Abbas attraverso una figura più tarda conosciuta come al-Bakri, è diventata molto popolare e largamente diffusa nel tredicesimo secolo. Qui si propone una traduzione del viaggio celeste di Muhammad a partire da un importante manoscritto inedito di Istanbul copiato nella penisola araba verso la fine del tredicesimo secolo. Questa traduzione si propone come strumento per gli studiosi interessati alla tradizione (...) islamica delle ascensioni celesti e per chi si occupa delle possibile influenze musulmane sull’opera di Dante. Nonostante non si dimostri che Dante avesse avuto accesso diretto a questa fonte nel momento in cui componeva la divina commedia, ci sono prove sufficienti che le versioni di questo racconto fossero diffuse in diverse parti del Mediterraneo, prima e durante la vita di Dante. L’autore fa propria la recente ipotesi interpretativa di Bencheikh che sottolinea il ruolo fondamentale della versione di Bakri del Mi’râj per la composizione dell’ormai noto Libro della Scala, tradotto in latino e lingua francese antico in al-Andalus nella seconda metà del tredicesimo secolo.This article argues that a long and composite version of the narrative of Muhammad's night journey and ascension, one often ascribed to Ibn 'Abbas via a later figure known as al-Bakri, became especially popular and widely distributed in the thirteenth-century CE. It offers a translation of the Tour of Paradise section from a particularly important unpublished Istanbul manuscript preserving this version, copied in the Arabian peninsula near the end of the thirteenth-century. This translation could serve as a resource to scholars who are interested in the history of Islamic ascension narratives, and interested in the question of possible Muslim influences on Dante's Divine Comedy. While the author of this article does not argue that Dante must have been aware of this particular manuscript as he composed his masterwork, he claims that there is enough evidence to suggest that versions of this narrative circulated in different parts of the Mediterranean before and during Dante's lifetime. He supports the earlier conjecture by Bencheikh that the Bakri versions were likely foundational to the composition of the now famous "Book of Muhammad's Ladder" that was translated into Latin and Old French in al-Andalus / Spain in the second half of the thirteenth-century. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

This study constitutes an ethical analysis through the lens of distributive justice in the case of the Troubled Asset Relief Program (TARP), which was enacted in the midst of the Great Recession of 2007–2009. It begins by engaging with the visions of justice constructed by John Rawls and Robert Nozick, using their insights to locate the injustices of TARP according to their moral imaginations. However, this study argues that Rawls’ and Nozick’s theories of justice primarily envision the nature of law (...) as being restrictive of vice, not as instructors of virtue. Thus, it resources the legal philosophy of St. Thomas Aquinas to demonstrate how the positive pedagogy of law can enable a more just construction of economic rescue legislation, one that not only prevents future repetitions of economic vices and injustice, but is also formative for a society that prizes economic justice and virtues. In doing so, the study proposes two criteria for a more just consideration of economic rescue legislation that embraces law’s positive pedagogy. (shrink)

Theories of language production propose that utterances are constructed by a mechanism that separates linguistic content from linguistic structure, Linguistic content is retrieved from the mental lexicon, and is then inserted into slots in linguistic structures or frames. Support for this kind of model at the phonological level comes from patterns of phonological speech errors. W present an alternative account of these patterns using a connectionist or parallel distributed proceesing (PDP) model that learns to produce sequences of phonological (...) features. The model's errors exhibit some of the properties of human speech errors, specifically, properties that have been attributed to the action of phonological rules, frames, or other structural generalizations. (shrink)

This study presented the policy of functional integration of the product planning team as a strategy for the development of the pharmaceutical industry in Palestine. The study population consists of all the workers in companies operating in the field of medicine in Palestine, which are (5) companies producing in the West Bank only for pharmaceuticals used by these companies, which are (296) employees, and was used a simple random sample to choose the sample and size (87) employees of the study (...) population, and to achieve the objectives of the study (87) questionnaires were distributed. The descriptive analytical method was used, and SPSS was used to answer and discuss the study's questions. The results showed that there is a significant relationship between the effectiveness of the policy of product development and the competitiveness of pharmaceutical companies in Palestine (West Bank), where the policy of product development efficiency accounts for 56.6% of the total change in the competitiveness of companies. The product quality component was most influential at all levels of product development effectiveness policy, followed by product identification, product cost reduction, packaging and product deletion. The weakest areas of strategic direction in pharmaceutical companies in Palestine (West Bank) are 67%. The weakest aspects of job integration are: non-regular meetings of representatives of different positions to participate in any project related to product development, to achieve spatial convergence of members of the product planning policy team in offices, laboratories and workplaces. (shrink)

Partly as a result of much recent evidence of business and government crime, a large proportion of major corporations have adopted codes of ethics; government service is also making more use of them. The electrical manufacturing anti-trust conspiracy and 1973–1976 investigation of foreign and domestic bribery were immediate prods. There are also government codes of which the ASPA code is most widely distributed. Corporate codes discuss relations to employees, interemployee relationships, whistle blowing, effect on environment, commercial bribery, insider (...) information, other conflicts of interest, anti-trust, accounting, consumer relations, and political activities. A discussion of use of codes shows partly favorable results. A number of corporation decisions have not yet become a subject of code provisions. Codes will be more useful if the reasons behind each order are stated and team work is encouraged. (shrink)

For many, the idea that people should be rewarded in proportion to what they deserve is the very essence of distributive justice. However, while the notion of moral desert is otherwise widely accepted, Rawls rejects it entirely in his A Theory of Justice. Many authors have argued that Rawls’s claims about desert have serious and unappealing consequences for his conception of justice as fairness, and also that they deny the possibility of autonomous choice to the very agents whose decisions (...) are supposed to underlie Rawls’s approach to justice. In this paper, I analyze the arguments of those who believe that Rawls can be interpreted in a way that doesn’t in fact deny either desert or the possibility of autonomous action. I conclude by allowing for the interpretation that Rawls does not necessarily deny autonomous action, but I contend that he nevertheless finds the idea of preinstitutional desert entirely off the mark. (shrink)

The introduction of new technologies in society is sometimes met with public resistance. Supported by public policy calls for “upstream engagement” and “responsible innovation,” recent years have seen a notable rise in attempts to attune research and innovation processes to societal needs, so that stakeholders’ concerns are taken into account in the design phase of technology. Both within the social sciences and in the ethics of technology, we see many interdisciplinary collaborations being initiated that aim to address tensions between (...) various normative expectations about science and engineering and the actual outcomes. However, despite pleas to integrate social science research into the ethics of technology, effective normative models for assessing technologies are still scarce. Rawls’s wide reflective equilibrium is often mentioned as a promising approach to integrate insights from the social sciences in the normative analysis of concrete cases, but an in-depth discussion of how this would work in practice is still lacking. In this article, we explore to what extent the WRE method can be used in the context of technology development. Using cases in engineering and technology development, we discuss three issues that are currently neglected in the applied ethics literature on WRE. The first issue concerns the operationalization of abstract background theories to moral principles. The second issue concerns the inclusiveness of the method and the demand for openness. The third issue is how to establish whether or not an equilibrium has been reached. These issues should be taken into account when applying the methods to real-world cases involving technological risks. Applying the WRE method in the context of engaged interdisciplinary collaboration requires sensitivity for issues of power and representativeness to properly deal with the dynamics between the technical and normative researchers involved as well as society at large. (shrink)

Over the last 20+ years, globalization has made international trade and investment more efficient and productive. In the absence of coordinated global regulatory regimes, it has also made multinational corporations (MNCs) impervious to social concerns in the countries where they operate. There is considerable debate in the academic, political, and business arena as to the causes of the apparently inequitable distribution of benefits between labor and capital. Notwithstanding, the relative merits of this debate, and facing tremendous societal pressure, companies (...) have adopted voluntary codes of conduct to ensure that workers making products for them in poor and developing countries are protected from hazardous working conditions and receive wages that meet local laws and market conditions. These codes, however, suffer from a lack of credibility and proof of substantive compliance. A new type of nongovernmental organization (NGO) has emerged that monitors a company's compliance with prespecified standards and provides assurance to the external stakeholders that the company has fulfilled its voluntary obligations. From an historical perspective, this has been an innovative phenomenon where the monitoring organization purports to act as an honest broker to ensure all concerned that the company/industry has fulfilled its obligations. In this article, we undertake a thorough examination of two such organizations, that is, Fair Labor Association, and Social Accountability International, that have played a pioneering role in bridging the gap between societal expectations and corporate performance. We examine their governance structures, operating procedures, monitoring standards, and public disclosure of findings, and above all, their success in improving the level of corporate compliance with their self‐created codes or standards. Unfortunately, our findings and conclusions are disappointing. In our view, the two groups have mostly failed to meet their avowed goals. Rather than using their NGO status to help companies improve their code compliance, they have suffered from managerial capture and have been reduced to corporate apologists. (shrink)

Over the last 20+ years, multinational corporations have been confronted with accusations of abuse of market power and unfair and unethical business conduct especially as it relates to their overseas operations and supply chain management. These accusations include, among others, worker exploitation in terms of unfairly low wages, excessive work hours, and unsafe work environment; pollution and contamination of air, ground water and land resources; and, undermining the ability of natural government to protect the well-being of their citizens. MNCs have (...) responded to these accusations by creating voluntary codes of conduct which commit them to specific standards for addressing these issues. These codes are created at both the industry-wide and the individual company level. Unfortunately, these codes have generated little credibility and public trust because their compliance claims cannot be independently verified, and they lack transparency and full public disclosure. In this article, we present a case study of the voluntary code of conduct by Mattel, Inc., the world’s largest toy company. The code, called the Global Manufacturing Principles, confronts the general criticism leveled against voluntary codes of conduct by creating detailed standards of compliance, independent external monitoring of the company’s compliance with its code of conduct, and making full, and uncensored public disclosure of the audit findings and company’s response in terms of remedial action. We present a detailed account of how Mattel’s voluntary code of conduct was created, implemented, and ultimately abandoned over 9 years. We provide an evaluative analysis of the company’s GMP compliance throughout its life span, which suggests a bell-shaped curve, where early top management commitments were met with pockets of resistance from operational groups, who were concerned about balancing GMP compliance efforts with traditional performance criteria. The early stage response from Mattel’s top management was quick and supported with the requisite resources. As a result, the compliance process accelerated, becoming increasingly more robust and effective. The success of code compliance and increased transparency in public disclosure energized field managers with a sense of professional satisfaction and publicly recognized accomplishments. The decline in GMP compliance was equally steep. When all the easily attainable targets had been reached at the company-operated plants, addressing vendor plants’ compliance presented a new set of challenges, which taxed corporate resources and management commitment. It would seem that value-based and ethics-oriented considerations, i.e., doing the right thing for the right reason, were no longer the driving force for Mattel’s management. Mattel did not see any economic benefit from its proactive stance, when competitors did not seem to suffer adverse consequences for not following suit. The final contributing factor to the code’s abandonment was a widely publicized series of product recalls which absorbed top management’s attention. (shrink)

In the paper ‘Genetic information, insurance, and a pluralistic approach to justice’, Jonathan Pugh1 develops an argument from unresolved pluralism in our theories of justice, via the pluralism this occasions in relation to the specific question of the use of genetic test results in insurance underwriting, to the conclusion that the UK regulatory approach in relation to the use of GTRs in insurance is broadly correct.1 Pugh’s argument is wide-ranging and I cannot provide a complete critique of it in this (...) short comment, but I will gesture towards some strands of the argument that are potentially problematic. The first potential problem in the argument is that Pugh bases his argument on a very extensive range of accounts of justice, including pure maximising consequentialism, strict egalitarianism and libertarianism, among many others. If these are all accounts of justice, it is not strange that there is pluralism of conclusions in relation to a specific question of justice or discrimination, such as the use of GTRs in the underwriting of specific kinds of insurance contracts. Pugh’s range, for instance, includes accounts of justice that deny the direct importance of distributive concerns as well as accounts that see distributive concerns as crucial. These accounts disagree not only about the answer to Pugh’s question but also about …. (shrink)

Over the last 20+ years, multinational corporations (MNCs) have been confronted with accusations of abuse of market power and unfair and unethical business conduct especially as it relates to their overseas operations and supply chain management. These accusations include, among others, worker exploitation in terms of unfairly low wages, excessive work hours, and unsafe work environment; pollution and contamination of air, ground water and land resources; and, undermining the ability of natural government to protect the well-being of their citizens. MNCs (...) have responded to these accusations by creating voluntary codes of conduct which commit them to specific standards for addressing these issues. These codes are created at both the industry-wide and the individual company level. Unfortunately, these codes have generated little credibility and public trust because their compliance claims cannot be independently verified, and they lack transparency and full public disclosure. In this article, we present a case study of the voluntary code of conduct by Mattel, Inc., the world's largest toy company. The code, called the Global Manufacturing Principles (GMP), confronts the general criticism leveled against voluntary codes of conduct by (a) creating detailed standards of compliance, (b) independent external monitoring of the company's compliance with its code of conduct, and (c) making full, and uncensored public disclosure of the audit findings and company's response in terms of remedial action. We present a detailed account of how Mattel's voluntary code of conduct was created, implemented, and ultimately abandoned over 9 years. We provide an evaluative analysis of the company's GMP compliance throughout its life span, which suggests a bellshaped curve, where early top management commitments were met with pockets of resistance from operational groups, who were concerned about balancing GMP compliance efforts with traditional performance criteria. The early stage response from Mattel's top management was quick and supported with the requisite resources. As a result, the compliance process accelerated, becoming increasingly more robust and effective. The success of code compliance and increased transparency in public disclosure energized field managers with a sense of professional satisfaction and publicly recognized accomplishments.The decline in GMP compliance was equally steep. When all the easily attainable targets had been reached at the company-operated plants, addressing vendor plants' compliance presented a new set of challenges, which taxed corporate resources and management commitment. It would seem that value-based and ethicsoriented considerations, i. e., doing the right thing for the right reason, were no longer the driving force for Mattel's management. Mattel did not see any economic benefit from its proactive stance, when competitors did not seem to suffer adverse consequences for not following suit. The final contributing factor to the code's abandonment was a widely publicized series of product recalls which absorbed top management's attention. (shrink)

Many philosophers have discussed problems of additive aggregation across lives. In this article, I suggest that anti-additive aggregationist principles sometimes apply within lives, as well as between lives, and hence that we should reject a widely accepted conception of individual self-interest. The article has eight sections. Section I is introductory. Section II offers a general account of aggregation. Section III presents two examples of problems of additive aggregation across lives: Derek Parfit's Repugnant Conclusion, and my Lollipops for Life (...) Case Section IV suggests that many may have misdiagnosed the source and scope of anti-additive aggregationist considerations, due to the influence of Rawls's and Nozick's claims about the separateness of individuals. Accordingly, many leave Sidgwick's conception of self-interest—which incorporates an additive aggregationist approach to valuing individual lives—unchallenged. Section V suggests that the separateness of individuals may have led some to conflate the issues of compensation and moral balancing. Section VI argues that an additive aggregationist approach is often deeply implausible for determining the overall value of a life. Section VII discusses a Single Life Repugnant Conclusion, first considered by McTaggart. Section VIII concludes with a summary, and a brief indication of work remaining. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:167. ON McRAE' S HUME Professor McRae's interesting paper may be rather naturally divided into two parts. In the first part he explains what he takes Hume's account of time to be; in the second he advances the bold thesis that Hume's account of time, or perhaps of duration, provides a basis or foundation for his more widely discussed remarks on identity, substance, the self, the (...) necessary connections. In what follows I first reconstruct Professor McRae' s paper, and then I raise some problems, perhaps puzzles, about Hume's view on duration, time and fictions. According to McRae, some philosophers (Descartes, Spinoza, Leibniz) distinguish between time and duration, both of which are taken to be perfectly legitimate notions. Hume, by contrast, takes time and duration to be the same, viz., a succession of moments. What philosophers and the vulgar call 'duration' is something quite different, namely a single unbroken stretch of time which is not composed of successive parts. Of duration taken in this latter way, McRae says, Hume has four things to say, all of them negative: (1) we have no idea of duration; (2) no object has duration; (3) there is no such thing as duration; and (4) duration is a fiction. Properly understood as a succession of moments, however, time certainly exists and is thus not a fiction. Moreover, we have the or at least an idea of time, despite the fact that it is obtained without derivation from a precedent impression. And, while no object can be said to have time, Hume will nonetheless allow that objects exist at certain times and perhaps across a time span. In the second part of his paper, Professor McRae distinguishes two types of Humean fictions. The first arises when one idea is confused with another and mis-applied to some object. The second arises when the imagination creates an "idea" in the attempt to resolve a 168. contradiction which comes up when the first fiction is applied to an object. What I have called McRae' s "bold thesis" in the second part of his paper can now be stated. Duration, or the putative idea thereof, is a fiction of the first type, one that is attributed to what Hume calls "steadfast objects." However, such an object can be considered in two ways. One might consider the object at two stages of this duration and, McRae says, "...this will give us the idea of number" (p. 126); or, one might consider in turn a series of objects, each of them supposedly "steadfast," all along supposing that though time is changing, the objects are not, and "...in this way- we get the idea of unity" (Ibid.). But no object is both a unity and a multiplicity. So, to reconcile these conflicting considerations, the "idea" or fiction of identity is invented. As McRae says: "The idea of identity is a pure product of the imagination invented to mediate between unity and number" (Ibid. ). This invented "idea" is then mis-applied (a fiction of type one) to interrupted appearances of an object. To reconcile the supposed identity of an object with successive appearances of it, the fiction of substance is invented. Quoting both McRae and Hume, In order to reconcile the contradiction between identity and diversity, the imagination is apt to feign something unknown and invisible, which it supposes to continue the same under all these variations ; 2 and this unintelligible something it calls a substance... (p. 128). Related needs to resolve contradictions, on McRae' s account, lead to the fictions of the self (p. 128) and of necessary connections (p. 130), though the latter fiction is of type one. Hence, McRae' s "bold thesis" amounts to this: Duration is a fiction. In the attempt to apply this fiction, one is led to, logically led to, most, if not all, of the other famous Humean fictions. And, if we allow that there are mental acts, for Hume, as well as impressions and ideas, "...then a fictitious duration will be attributed to 169. objects and by a progressive compounding of fictitious mental actions will give the world the ontological structure which it has for the vulgar belief we all share. It... (shrink)

This year marks the centenary of John Rawls's birth and the fiftieth anniversary of the publication of A Theory of Justice. The influence of Rawls's landmark book on the general fields of moral and political philosophy is undisputed and well-documented. It has also left a significant imprint on debates surrounding health policy, health care, and health inequalities. This article traces the changing ways in which Rawls's theory influenced debates about justice in health over the last five decades. (...) Just as Rawls's ideas have shaped debates about health, however, these debates can help us critically appraise the theory and its limitations. In that spirit, the article sketches three areas where a focus on health reveals challenges to the Rawlsian framework: the issue of priority setting among competing goods, the theory's egalitarian commitments, and its focus on the distribution of goods. (shrink)

Religious conservatives in the U.S. have frequently opposed public-health measures designed to combat STDs among minors, such as sex education, condom distribution, and HPV vaccination. Using Rawls’s method of conjecture, I will clear up what I take to be a misunderstanding on the part of religious conservatives: even if we grant their premises regarding the nature and source of sexual norms, the wide-ranging authority of parents to enforce these norms against their minor children, and the potential sexual-disinhibition effects of the (...) above public-health measures, their opposition to at least one of these measures, HPV vaccination, cannot be justified. In fact, their comprehensive doctrines, when properly interpreted, should lead them to back this measure and thereby draw closer to a policy consensus with other citizens regarding teenage sexual health. (shrink)

During the 2007–2008 global food crisis, the prices of primary foods, in particular, peaked. Subsequently, governments concerned about food security and investors keen to capitalize on profit-maximizing opportunities undertook large-scale land acquisitions (LASLA) in, predominantly, least developed countries (LDCs). Economically speaking, this market reaction is highly welcome, as it should (1) improve food security and lower prices through more efficient food production while (2) host countries benefit from development opportunities. However, our assessment of the debate on the issues indicates critical (...) voices in both the media and academic discourse. This article aims to provide a philosophical law and economics analysis. We draw on John Rawls’s Theory of Justice, focusing on Rawls’s background institutions for distributive justice (§43) to evaluate LASLA form an ethical angle. Approaching LASLA into Sub Saharan LDCs as a socio-economic reform redistributing land from the local population of LDCs to investors, we acknowledge that they bear a highly desirable potential. Often, though, they cannot be regarded as ethically correct in practice as the insignificant improvements for local populations and sometimes even human rights violations contradict Rawls’s principles of justice. Then investigating whether and how international law can help overcome the shortcomings, we conclude that even though respective mechanisms exist in the current state of international law, it is hardly possible that it will produce more just outcomes in the near future. (shrink)

The article studies the impact of Fintech on entrepreneurship in Arabic region by using Crowdfunding platforms as the field of study. The article focuses on Arabic Crowdfunding platforms. The population of (12) platforms consist of: individuals, entrepreneurs, investors, employees at Crowdfunding platforms. Descriptive and quantitative approach used in this article, and a questionnaire used as a tool to collect primary data. The results indicate an impact for Fintech on entrepreneurship in general and obvious obstacles to use it widely in (...) Arabic region cause of legislations or e-payments. The article recommended more awareness for innovative products and services such as Fintech, Crowdfunding and adopting the culture of e-business models. Also the article promoting the process of developing regulations that organize e-business models, especially Fintech and Crowdfunding, the use of modern communication technology to serve the development of society, more interest to innovation and creativity as a key factor for entrepreneurial success. (shrink)

This chapter contains sections titled: Redistributing Wealth, I: Taxing Large Estates and Incomes Redistributing Wealth, II: The Structure of Universal Assets Individual Assets versus Common Wealth Property‐Owning Democracy as an Incomplete Ideal Appendix: Accumulation of Capital Assets Over a 35‐Year Period References.

Many commentators have failed to identify the important issues at the heart of the debate between Habermas and Rawls. This is partly because they give undue attention to differences between Rawls’s original position and Habermas’s principle, neither of which is germane to the actual dispute. The dispute is at bottom about how best to conceive of democratic legitimacy. Rawls indicates where the dividing issues lie when he objects that Habermas’s account of democratic legitimacy is comprehensive and his is confined (...) to the political. But his argument is vitiated by a threefold ambiguity in what he means by ‘comprehensive doctrine’. Tidying up this ambiguity helps reveal that the dispute turns on the way in which morality relates to political legitimacy. Although Habermas calls his conception of legitimate law ‘morally freestanding’, and as such distinguishes it from Kantian and natural law accounts of legitimacy, it is not as freestanding from morality as he likes to present it. Habermas’s mature theory contains conflicting claims about the relation between morality and democratic legitimacy. So there is at least one important sense in which Rawls’s charge of comprehensiveness is made to stick against Habermas’s conception of democratic legitimacy, and remains unanswered. View HTML Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Where the Right Gets in: On Rawls’s Criticism of Habermas’s Conception of LegitimacyVolume 21, Issue 2James Gordon Finlayson DOI: https://doi.org/10.1017/S1369415416000017Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

On this occasion I wish to elaborate further the conception of distributive justice that I have already sketched elsewhere. This conception derives from the ideal of social justice implicit in the two principles proposed in the essay “Justice as Fairness.” These discussions need to be supplemented in at least two ways. For one thing, the two parts of the second principle are ambiguous: in each part a crucial phrase admits of two interpretations. The two principles read as follows: first, each (...) person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others; and second, social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone's advantage, and (b) attached to positions and offices equally open to all. The two ambiguous phrases in the second principle are “everyone's advantage” in part (a) and “equally open to all” in part (b). I shall consider these ambiguities and the several interpretations of the two principles to which they give rise. I shall leave aside any difficulties with the first principle and assume that its sense is the same throughout and clear enough for our purposes. (shrink)

All parties involved in researching, developing, manufacturing, and distributing COVID-19 vaccines need guidance on their ethical obligations. We focus on pharmaceutical companies' obligations because their capacities to research, develop, manufacture, and distribute vaccines make them uniquely placed for stemming the pandemic. We argue that an ethical approach to COVID-19 vaccine production and distribution should satisfy four uncontroversial principles: optimising vaccine production, including development, testing, and manufacturing; fair distribution; sustainability; and accountability. All parties' obligations should be coordinated and mutually consistent. For (...) instance, companies should not be obligated to provide host countries with additional booster shots at the expense of fulfilling bilateral contracts with countries in which there are surges. Finally, any satisfactory approach should include mechanisms for assurance that all parties are honouring their obligations. This assurance enables countries, pharmaceutical companies, global organisations, and others to verify compliance with the chosen approach and protect ethically compliant stakeholders from being unfairly exploited by unethical behaviour of others. (shrink)

Kenneth Arrow presents Rawls as making a controversial assumption, which he terms “asset egalitarianism”: that all the assets of society, including personal skills, are available for distribution. I distinguish two versions of the assumption and draw attention to difficulties in determining what Arrow’s concern over the assumption is.

Patients have received experimental pharmaceuticals outside of clinical trials for decades. There are no industry-wide best practices, and many companies that have granted compassionate use, or ‘preapproval’, access to their investigational products have done so without fanfare and without divulging the process or grounds on which decisions were made. The number of compassionate use requests has increased over time. Driving the demand are new treatments for serious unmet medical needs; patient advocacy groups pressing for access to emerging treatments; internet platforms (...) enabling broad awareness of compelling cases or novel drugs and a lack of trust among some that the pharmaceutical industry and/or the FDA have patients’ best interests in mind. High-profile cases in the media have highlighted the gap between patient expectations for compassionate use and company utilisation of fair processes to adjudicate requests. With many pharmaceutical manufacturers, patient groups, healthcare providers and policy analysts unhappy with the inequities of the status quo, fairer and more ethical management of compassionate use requests was needed. This paper reports on a novel collaboration between a pharmaceutical company and an academic medical ethics department that led to the formation of the Compassionate Use Advisory Committee. Comprising medical experts, bioethicists and patient representatives, CompAC established an ethical framework for the allocation of a scarce investigational oncology agent to single patients requesting non-trial access. This is the first account of how the committee was formed and how it built an ethical framework and put it into practice. (shrink)

Uncertainties about how to achieve sustainable and reliable biobased value chains can be remedied by inclusion of local biomass producers. Such inclusion implies that the knowledge, values, interests and skills of these local producers are integrated into the set-up, design, development and associated distribution of risk and benefits of the specific value chain. To make sure that this inclusion is both fair and effective, capabilities of relevant actors need to be taken into account, i.e. the capabilities of biomass producers (...) and of companies and local governments. Building on these capabilities can lead to context sensitive design of biorefineries that allow for true inclusion of local stakeholders. We support this claim with reference to the case of sugarcane production in Jamaica. (shrink)

Donald Davidson is famous for, among other things, his theory of radical interpretation – an account of how it is that we can attribute meanings to people's words, and contents to their mental states, based on an apparent paucity of evidence. This account is infused with ideas from, and applications of, the general theory of measurement, as well as one specific instance of that theory – decision theory. In addition, however, Davidson also applies measurement theory – in the (...) form of his “measurement theoretic analogy” – from outside the theory of radical interpretation, to yield a novel account of one of its notable features: the indeterminacy of interpretation. I argue that the success of this application is limited, however, in dispelling a worry to which indeterminacy gives rise – namely that if Davidson's account of indeterminacy is correct, we have no mental states. (shrink)

Recent evidence suggests that experienced events are often mapped to too many episodic states, including those that are logically or experimentally incompatible with one another. For example, episodic over-distribution patterns show that the probability of accepting an item under different mutually exclusive conditions violates the disjunction rule. A related example, called subadditivity, occurs when the probability of accepting an item under mutually exclusive and exhaustive instruction conditions sums to a number >1. Both the over-distribution effect and subadditivity have been (...) class='Hi'>widely observed in item and source-memory paradigms. These phenomena are difficult to explain using standard memory frameworks, such as signal-detection theory. A dual-trace model called the over-distribution model can explain the episodic over-distribution effect, but not subadditivity. Our goal is to develop a model that can explain both effects. In this paper, we propose the Generalized Quantum Episodic Memory model, which extends the Quantum Episodic Memory model developed by Brainerd, Wang, and Reyna. We test GQEM by comparing it to the OD model using data from a novel item-memory experiment and a previously published source-memory experiment examining the over-distribution effect. Using the best-fit parameters from the over-distribution experiments, we conclude by showing that the GQEM model can also account for subadditivity. Overall these results add to a growing body of evidence suggesting that quantum probability theory is a valuable tool in modeling recognition memory. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights (...) are among the necessary conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

Any adequate account of the distinction between consequentialist and deontological moral systems must take account of the central place given to constraints in the latter. Constraints place limits on what each of us may do in the pursuit of any goal, including the maximisation of the good. There is some debate, however, both over how constraints are to be characterised, and over the rationale for their inclusion in a moral system. Some authors view constraints as agent-relative: a constraint (...) supplies an agent with an agent-relative reason to refrain from acting in the prohibited manner. A reason is agent-relative if it contains an ineliminable back-reference to the agent. On this characterisation, it is natural to suppose that constraints arise because of an agent’s concern with her own agency. There is perhaps, however, an alternative to this agent-focussed rationale: constraints, although characterised in terms of agent-relative reasons, might be best explained and defended via considerations of the potential victim of wrongdoing—yielding a victim- or patient-focussed rationale. Or, perhaps, constraints are not only best defended by a victim-focussed rationale; they are also best characterised by reference to the potential victim. In what follows, we advocate an agent-relative characterisation of, and an agent-focussed rationale for, constraints. We begin by developing a rigorous account of agent-focussed agent-relativity, before turning to consider patient-based approaches. (shrink)

ABSTRACT: Debates about global distributive justice focus on the gulf between the wealthy North and the impoverished South, rather than on issues arising between liberal democracies. A review of John Rawls’s approach to international justice discloses a step Rawls skipped in his extension of his original-position procedure. The skipped step is where a need for the distributional autonomy of sovereign liberal states reveals itself. Neoliberalism denies the possibility and the desirability of distributional autonomy. A complete Rawlsian account of global (...) justice shows the necessity and possibility of a charter between liberal states, assuring each a proper minimum degree of distributional autonomy. (shrink)

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)

This article critically explores John Rawls’s contention that the personal assets of individuals, i.e. their mental and bodily powers, should not determine the size of their holdings. Since such an argument may have several forms, the first task is to establish which of them Rawls himself advocates. He relies, it is argued, on a version that attempts to convince us that personal assets should not play a decisive distributive role because they are undeserved. This account is then (...) formally reconstructed, making all the relevant premises visible and preparing the ground for a critique that concentrates on the argument’s separate steps. Coming under attack first is the claim that everything should be deserved. The discussion examines next the premise urging us to find an ultimate, indisputable ground for desert-claims. Debate about this issue reveals some fundamental weaknesses in Rawls’s position: that he demands too much and is inconsistent; that some strong counter-intuitive consequences follow from his demands; and that his entire project, were such a criterion taken seriously, is undermined. Final comments are directed against the assertion that the community should own everything an individual does not deserve, showing that this does not remove moral arbitrariness, allows for the use of some persons as resources for others, and cannot plausibly limit its range of application. Most of these criticisms are not original, but are in accord with this paper’s main intention of combining as many good points against Rawls as possible. (shrink)

Norman Daniels’s theory of ‘accountability for reasonableness’ is an influential conception of fairness in healthcare resource allocation. Although it is widely thought that this theory provides a consistent extension of John Rawls’s general conception of justice, this paper shows that accountability for reasonableness has important points of contact with both utilitarianism and intuitionism, the main targets of Rawls’s argument. My aim is to demonstrate that its overlap with utilitarianism and intuitionism leaves accountability for reasonableness open to damaging critiques. The (...) important role that utilitarian-like cost-effectiveness calculations are allowed to play in resource allocation processes disregards the separateness of persons and is seriously unfair towards individuals whose interests are sacrificed for the sake of groups. Furthermore, the function played by intuitions in settling frequent value conflicts opens the door for sheer custom and vested interests to steer decision-making. (shrink)

This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. (...) The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law. Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legal and social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition is explored alongside the introduction of new legal subjects into the curriculum. Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely cited volume of essays which marked the School's fiftieth anniversary. (shrink)

This centenary volume of essays explores a number of related themes which differentiate and characterize the approach of the LSE. Central to this, is the assumption that law is one of the social sciences and that law should be studied "in context" as a social phenomenon. The contributors have been chosen both for their distinction and for their connection with the LSE, and include such eminent figures as Mrs Justice Arden, Judge Rosalyn Higgins, Sir Stephen Sedley, and Roberto Mangabeira Unger. (...) The essays focus on three main subject areas: Law and Economy; Dimensions of Law; and Courts and Process which are discussed against the broader canvas of the School's approach to Law. Thus, Comaroff, Cohen, Unger and Teubner adopt an interdisciplinary approach to the subject, stressing both legal and social theory, while the contributions of Cranston, Cornish and others stress an internationalist approach. A characteristic LSE focus on the dynamic nature of law runs through the work of Collins, Higgins and Lord Wedderburn, while a reformist tradition is explored alongside the introduction of new legal subjects into the curriculum. Fascinating and thought provoking, this volume is an accesible summary of current thought and debate presented by today's leading scholars and practioners. Law, Society and Economy will be of enduring interest to scholars and practioners worldwide, akin to Ginsberg's celebrated and widely cited volume of essays which marked the School's fiftieth anniversary. (shrink)

The arguments used by Gavin Mooney in his scornful response to Castigating QALYs, are examined. In spite of the rhetoric there is a broad measure of agreement about the deficiencies of QALYs as a means of distributing scarce resources. The main area of conflict is that John Rawles favours compaigning for more resources while Gavin Mooney, constrained by his remit as a health economist, favours acceptance of the present level of funding and better methods of distributing resources.

It is a commonly raised argument against the family resemblance account of concepts that there is no limit to a concept's extension. An account of family resemblance which attempts to provide a solution to this problem by including both similarity among instances and dissimilarity to non-instances has been developed by the philosopher of science Thomas Kuhn. Similar solutions have been hinted at in the literature on family resemblance concepts, but the solution has never received a detailed investigation. I (...) shall provide a reconstruction of Kuhn's theory and argue that his solution necessitates a developmental perspective wchich builds on both the transmission of taxonomies between generations and a progressive development through history. (shrink)

Since Rawls's Political Liberalism is by now the subject of a wide and deep philosophical literature, much of it excellent in quality, it would be foolhardy to attempt to say something about each of the major issues of the work, or to sort through debates that can easily be located elsewhere. I have therefore decided to focus on a small number of issues where there is at least some chance that a fresh approach may yield some new understanding of (...) the text: Rawls's distinction between “reasonable” and “unreasonable” comprehensive doctrines; the psychological underpinnings of political liberalism; and the possibility that political liberalism might be extended beyond the small group of modern Western societies that Rawls's historical remarks suggest as its primary focus. I also include a discussion of the much-debated issue of civility and public reason, which could hardly be avoided given its prominence in the book's reception. This paper should therefore be read not as a comprehensive account of the work but as one person's attempt to grapple, very incompletely and imperfectly, with a book that is as great as any philosophy has seen on this topic of great human urgency. (shrink)

(2013). Hobbes's Account of Distributive Justice as Equity. British Journal for the History of Philosophy: Vol. 21, No. 1, pp. 13-33. doi: 10.1080/09608788.2012.689749.

In any academic discipline, published articles in respective journals represent "production units" of scientific knowledge, and bibliometric distributions reflect the patterns in such outputs across authors or "producers." Closely following the analysis approach used for similar studies in the economics and finance literature, we present the first study to examine whether there exists an empirical regularity in the bibliometric patterns of research productivity in the business ethics literature. Our results present strong evidence that there indeed exists a distinct empirical regularity. (...) It is the so-called Generalized Lotka's Law of scientific productivity pattern: the number of authors publishing ç papers is about Í /n c of those publishing one paper. We discuss the likely processes that underlie the productivity pattern postulated by the Generalized Lotka's Law. We find that the value of the exponent is equal to about 2.6 for the comprehensive bibliometric data across the two leading business ethics journals. The observed research productivity pattern in the business ethics area, a relatively young discipline, is interestingly very consistent with those found in much older, related business disciplines like economics, accounting, and finance. We discuss the general implications of our findings. (shrink)

I examine Quine’s and Davidson’s arguments to the effect that classical logic is the one and only correct logic. This conclusion is drawn from their views on radical translation and interpretation, respectively. I focus on the latter, but I first address, independently, Quine’s argument to the effect that the ‘deviant’ logician, who departs from classical logic, is merely changing the subject. Regarding logical pluralism, the question is whether there is more than one correct logic. I argue that bivalence may be (...) subject matter dependent, but that distribution and the law of excluded middle can probably not be dropped whilst maintaining the standard meanings of the connectives. In discussing the ramifications of the indeterminacy of interpretation, I ask whether it forces Davidsonian interpreters to adopt Dummett’s epistemic conception of truth vis-à-vis their interpretations. And, if so, does this cohere with their attributing a nonepistemic notion of truth to their interpretees? This would be a form of logical pluralism. In addition, I discuss Davidson’s arguments against conceptual schemes. Schemes incommensurable with our own could be construed as wholesale deviant logics, or so I argue. And, if so, their possibility would yield, in turn, the possibility of a radical logical pluralism. I also address Davidson’s application of Tarski’s definition of truth. (shrink)

McNaughton and Rawling's anti-reductionist intentions are to be welcomed, but are not well served by their continuing adherence to a neo-Humean notion of the 'descriptive'. Their too-willing acceptance of this notion is reflected in a denial of appropriate dialectical weight to considerations about the way 'pattern' disappears from the domain of value when we try to characterize the constituent features of the latter in non-evaluative terms. The need for a satisfactory account of the immanence of value in nature is (...) real enough, but such an account can be given without recourse to the problematic idea of a class of subvenient 'descriptive' properties. Likewise, McNaughton and Rawling's recognition of 'normative facts' is to be endorsed, but such facts are a more widespread and everyday phenomenon than they would have us think. (shrink)

This is a new interpretation and analysis of John Rawls's leading theory of distributive justice, which also considers the responding egalitarian theories of scholars such as Richard Arneson, G. A. Cohen, Ronald Dworkin, Martha Nussbaum, John Roemer, and Amartya Sen. Rawls's theory, Kaufman argues, sets out a normative ideal of justice that incorporates an account of the structure and character of relations that are appropriate for members of society viewed as free and equal moral beings. Forging an (...) approach distinct amongst contemporary theories of equality, Rawls offers an alternative to egalitarian justice methodologies that aim primarily to compensate victims for undeserved bad luck. For Rawls, the values that ground the most plausible account of egalitarianism are real equality of economic opportunity combined with the guarantee of a fair distribution of social goods. Kaufman's analysis will be of interest to scholars and advanced students of political theory and political philosophy, particularly those working on justice, and on the work of John Rawls. (shrink)

This article argues for a social proviso concerning capital endowments that is analogous to Locke's original proviso on access to productive natural capital.

In 1971, John Rawls published A Theory of Justice, the burden of which was strongly egalitarian. But Rawls eventually came to the conclusion that the project of working out a stable, well‐ordered society as argued in A Theory of Justice had failed. In 1993, in Political Liberalism, Rawls sought to establish a sounder theoretical foundation for a stable, well‐ordered society. Rawls was widely viewed, however, as having given up egalitarianism in Political Liberalism ‐ the commitment to a fair distribution, (...) or ‘justice as fairness’, along lines originally developed in A Theory of Justice. I argue, by contrast, that Political Liberalism does not in fact repudiate the egalitarianism of A Theory of Justice. Political liberalism has many variants, including variant conceptions of justice. In the first part of what follows, the question is raised whether political liberalism can defend a conception of justice that is as egalitarian as ‘justice as fairness’. Such a conception would guarantee the fair value of political liberties and would also contain the so‐called ‘difference principal’, which states that social and economic inequalities are to be adjusted so that they are to the greatest benefit of the least advantaged. Although it seems possible to defend such an egalitarian conception of justice, it does not seem necessary, all the same, that all variants of political liberalism should be as egalitarian as justice as fairness. Thus, in the second part of my argument, I seek to overturn, or at least substantially to qualify, the idea that there is no need for political liberalism to be strongly egalitarian. I conclude that the egalitarian credentials of political liberalism have to be bolstered, even more so than Rawls himself seems to think. (shrink)