ABSTRACT Every social order depends on a pathway to atonement for those who breach behavioral expectations. However, observers from a variety of fields now agree that the United States has entered an age of non-apology, where the two words “I’m sorry” simply cannot be said, particularly by powerful men facing allegations of sexual misconduct. This essay draws attention to, and comments upon, this trend. We first identify the sociopolitical factors that have inaugurated the era of non-apology, namely growing political polarization. (...) We then explain the consequences of this shift in societal expectations surrounding apology. This state of affairs, which associates genuine apology with emasculation and defeat, is harmful: it foments a toxic culture that will not allow redress for survivors of sexual assault and harassment; and it provides no answers to complex questions of how society can address the guilt of those who engage in sexual misconduct. (shrink)

If Kant’s theory of justice is known for one thing, it is for offering a vision of a perfectly just society that is utterly disconnected from the imperfect societies that we occupy. The purity of Kant’s account has attracted criticism from those who claim that if a theory of justice is to be practical, it must offer more than a vision of a perfectly just society. It must also explain how existing societies mired in injustice are to be (...) brought into ever-closer conformity with the ideal that justice prescribes. In this essay, I will argue that this is exactly what Kant’s mature legal and political theory offers. To discern this feature of Kant’s theory, a neglected component must be integrated into his broader framework. This component is what Kant refers to in Toward Perpetual Peace as a permissive law of public right. (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)

ABSTRACTIn this essay, I will argue for an understanding of justice that is grounded in our imperfect world by drawing upon the works of John Dewey and the Classical Daoist philosophers. It will require a reconstructed understanding of persons as a field/continuum of interrelations and an updated understanding of human action and agency. This understanding of justice takes the form of non-coercive action, interaction that respects the particularity of each lived situation. The practice culminates in an ability to (...) respond to the environment considered to be ziran or ‘self-so’ by the Daoist Philosophers. As described in the Dao De Jing, it is the cultivation of the ‘Three Jewels of the Dao’, the most central of them being compassion making, this practice of justice as non-coercive action also understandable as the practice of compassion as described by the Classical Daoist philosophers. (shrink)

There are several reasonable conceptions of liberalism. A liberal polity can survive a measure of disagreement over just what constitutes liberalism. In part, this is because of the way a liberal order makes possible a dynamic, heterogeneous civil society and how that, in turn, can supply participants with reasons to support a liberal political order. Despite the different conceptions of justice associated with different conceptions of liberalism, there are reasons to distinguish the normative focus of criminal justice from (...) other aspects of justice in a liberal polity. Given the fundamental commitments of liberalism?of whatever variant?there are reasons for criminal justice not to be assimilated to wider conceptions of justice overall. Such assimilation risks undermining some of liberalism's distinctive commitments concerning the standing of individuals as voluntary, responsible agents. Criminal justice is not independent of other aspects of justice but has a distinct focus in a liberal polity. (shrink)

A background assumption in much contemporary political philosophy is that justice is the first virtue of social institutions, taking priority over other values such as beneficence. This assumption is typically treated as a methodological starting point, rather than as following from any particular moral or political theory. In this paper, I challenge this assumption. To frame my discussion, I argue, first, that justice doesn’t in principle override beneficence, and second, that justice doesn’t typically outweigh beneficence, since, in (...) institutional contexts, the stakes of beneficence are often extremely high. While there are various ways one might resist this argument, none challenge the core methodological point that political philosophy should abandon its preoccupation with justice and begin to pay considerably more attention to social beneficence—that is, to beneficence understood as a virtue of social institutions. Along the way, I also highlight areas where focusing on social beneficence would lead political philosophers in new and fruitful directions, and where normative ethicists focused on personal beneficence might scale up their thinking to the institutional case. GPI Working Paper No. 11-2022. (shrink)

Matthew Adler's Measuring Social Welfare is an introduction to the social welfare function (SWF) methodology. This essay questions some ideas at the core of the SWF methodology having to do with the relation between the SWF and the measure of well-being. The facts about individual well-being do not single out a particular scale on which well-being must be measured. As with physical quantities, there are multiple scales that can be used to represent the same information about well-being; no one scale (...) is special. Like physical laws, the SWF and its ranking of distributions cannot depend on exactly which of these scales we use. Adler and other theorists in the SWF tradition have used this idea to derive highly restrictive constraints on the shape of the SWF. These constraints rule out seemingly plausible views about distributive justice and population ethics. I argue, however, that these constraints stem from a simple but instructive mistake. The SWF should not be applied to vectors of numbers such as 1 and 2, but rather to vectors of dimensioned quantities such as 1 util and 2 utils. This seemingly pedantic suggestion turns out to have far-reaching consequences. Unlike the orthodox SWF approach, treating welfare levels as dimensioned quantities lets us distinguish between real changes in well-being and mere changes in the unit of measurement. It does this without making the SWF depend on the scale on which welfare is measured, and in a way that avoids the restrictive constraints on the shape of the SWF. (shrink)

Our world is complex—it is composed of many interacting parts—and this complexity poses a serious difficulty for theorists of social reform. On the one hand, we cannot merely work out ways of ameliorating immediate problems of injustice, because the solutions we generate may interact to set back the achievement of overall long-term justice. On the other, we cannot supplement such problem solving with theorizing about how to make progress towards a long-term goal of ideal justice, because the very (...) interactions that render problem solving unsatisfactory raise insurmountable epistemic difficulties for this latter approach. To accommodate complexity, we must therefore give up on ideal theory, and instead supplement problem solving with a new sort of theorizing that aims to work out how to make our institutional arrangements more progressive: more conducive to further improvements in general, though not necessarily to the achievement of any antecedently specified goal. More concretely, we must identify ways of improving our capacity to flexibly experiment with many promising solutions to problems as they arise, to select for those solutions that prove successful while eliminating those that do not, and to learn from both our successes and our inevitable failures. (shrink)

In an age of constitutional revolutions and reforms, theory and practice are moving in opposite directions. As a matter of constitutional practice, human dignity has emerged in jurisdictions around the world as the organizing idea of a groundbreaking paradigm. By reconfiguring constitutional norms, institutional structures and legal doctrines, this paradigm transforms human dignity from a mere moral claim into a legal norm that persons have standing to vindicate. As a matter of constitutional theory, however, human dignity remains an enigmatic idea. (...) Some explicate its meaning in abstraction from constitutional practice, while others confine themselves to less exalted ideas. The result is a chasm that separates constitutional practice from a theory capable of justifying its innovations and guiding its operation. By expounding the connection between human dignity and the constitutional practices that justify themselves in its light, Jacob Weinrib brings the theory and practice of constitutional law back together. (shrink)

In this article, part of a symposium on David Miller's Global Justice and National Responsibility, I first focus on an area of disagreement: Miller‘s attempt to attribute to nations responsibility that I think ought to be generally attributed to states. I then sketch a theory that disregards nations more or less completely, and yet issues in a two-level theory like Miller‘s, sanctioning important differences between intrastate and interstate distribution. It is only like Miller‘s, because the distinction between states and (...) nations is one with a very real difference indeed. Moreover, I think that Miller aims to build up the moral and historical prestige of the nation-state to make it a viable competitor with the claims of universal morality, whereas I will engage in a kind of deflation that teaches us not to expect contingent forms of political organization to instantiate great moral truths. But this results in an account that is perhaps more like his than either is like cosmopolitanism visions, whether egalitarian or libertarian. (shrink)

:In this essay, I argue against the bright-line distinction between ideal and nonideal normative political theory, a distinction used to distinguish “stages” of theorizing such that ideal political principles can be deduced and examined before compromises with the flawed political world are made. The distinction took on its familiar form in Rawls and has enjoyed a resurgence of interest in the past few years. I argue that the idea of a categorical distinction — the kind that could allow for a (...) sequencing of stages of theorizing — is misconceived, because wholly “ideal” normative political theory is a conceptual mistake, the equivalent of taking the simplifying models of introductory physics and trying to develop an ideal theory of aerodynamics. Political organization and justice are about moral friction in the first instance. I examine both logical and epistemological arguments for the position that we need the uniquely idealizing assumptions of ideal theory in order to arrive at, or to know, a genuine theory of justice or political morality; and I find them wanting. Such assumptions as full compliance, consensus, and the publicity principle of universal knowledge about consensus can sometimes be useful, if used carefully and with justification; but they are not categorically different from other idealizing and abstracting assumptions in generating normative theory. What is referred to as “nonideal” theory is all that there is, and it is many kinds of theory, not one — the many ways in which we learn about justice and injustice, and seek to answer questions of practical reason about what ought to be done in our political world. (shrink)

As new ideas arose during the Enlightenment, many political thinkers published their own versions of popular early modern "absolutist" texts and transformed them into manuals of political resistance. As a result, these works never achieved a fixed and stable edition. Publishing The Prince illustrates how Abraham-Nicolas Amelot de La Houssaye created the most popular late seventeenth- and eighteenth-century version of Machiavelli's masterpiece. In the process of translating, Amelot also transformed the work, altering its form and meaning, and his ideas spread (...) through later editions. Revising the orthodox schema of the public sphere in which political authority shifted away from the crown with the rise of bourgeois civil society in the eighteenth century, Soll uses the example of Amelot to show for the first time how the public sphere in fact grew out of the learned and even royal libraries of erudite scholars and the bookshops of subversive, not-so-polite publicists of the republic of letters. Jacob Soll is Associate Professor of History at Rutgers University. Cover art courtesy of Annenberg Rare Book Room and Manuscript Library, University of Pennsylvania Jacket Design: Stephanie Milanowski "Jacob Soll traces the origins of Enlightenment criticism to the practices of learned humanists and hard-pressed literary entrepreneurs. This learned and lively book is also a tour de force of historical research and interpretation." ---Anthony Grafton, author of Cardano's Cosmos and Bring Out Your Dead "Brilliant. How the printed page changed political philosophy into investigative reporting, and reason of state into the unmasking of power." ---J. G. A. Pocock, author of The Machiavellian Moment "Soll's path-breaking study is a 'must read' for all those interested in the history of political thought and early modern intellectual history." ---Barbara Shapiro, University of California Berkeley "Soll has done [Amelot] and his context justice, writing as he does with a clear, singular, and welcome voice." ---Margaret C. Jacobs, American Historical Review. (shrink)

Ideal theorists aim to describe the ideally just society. Problem solvers aim to identify concrete changes to actual societies that would make them more just. The relation between these two sorts of theorizing is highly contested. According to the benchmark view, ideal theory is prior to problem solving because a conception of the ideally just society serves as an indispensable benchmark for evaluating societies in terms of how far they deviate from it. In this paper, I clarify the benchmark view, (...) argue that existing criticisms of it are unsuccessful, and develop a novel redundancy objection to the benchmark view and the claim of priority it allegedly entails. I then consider the extent to which ideal theory might facilitate problem solving without being prior to it and argue that it can only play a modest role in this regard. The upshot is that ideal theory is neither required for nor especially relevant to problem solving—but it is not completely irrelevant either. It facilitates problem solving to some limited degree, but no more, say, than theorizing about dystopia. (shrink)

Nietzsche, the Godfather of Fascism? What can Nietzsche have in common with this murderous ideology? Frequently described as the "radical aristocrat" of the spirit, Nietzsche abhorred mass culture and strove to cultivate an Übermensch endowed with exceptional mental qualities. What can such a thinker have in common with the fascistic manipulation of the masses for chauvinistic goals that crushed the autonomy of the individual? The question that lies at the heart of this collection is how Nietzsche came to acquire the (...) deadly "honor" of being considered the philosopher of the Third Reich and whether such claims had any justification. Does it make any sense to hold him in some way responsible for the horrors of Auschwitz? The editors present a range of views that attempt to do justice to the ambiguity and richness of Nietzsche's thought. First-rate contributions by a variety of distinguished philosophers and historians explore in depth Nietzsche's attitudes toward Jews, Judaism, Christianity, anti-Semitism, and National Socialism. They interrogate Nietzsche's writings for fascist and anti-Semitic proclivities and consider how they were read by fascists who claimed Nietzsche as their intellectual godfather. There is much that is disturbingly antiegalitarian and antidemocratic in Nietzsche, and his writings on Jews are open to differing interpretations. Yet his emphasis on individualism and contempt for German nationalism and anti-Semitism put him at stark odds with Nazi ideology. The Nietzsche that emerges here is a tragic prophet of the spiritual vacuum that produced the twentieth century's totalitarian movements, the thinker who best diagnosed the pathologies of fin-de-siècle European culture. Nietzsche dared to look into the abyss of modern nihilism. This book tells us what he found. The contributors are Menahem Brinker, Daniel W. Conway, Stanley Corngold, Kurt Rudolf Fischer, Jacob Golomb, Robert C. Holub, Berel Lang, Wolfgang Müller-Lauter, Alexander Nehamas, David Ohana, Roderick Stackelberg, Mario Sznajder, Geoffrey Waite, Robert S. Wistrich, and Yirmiyahu Yovel. (shrink)

BackgroundWhether patients in the vegetative state (VS), minimally conscious state (MCS) or the clinically related locked-in syndrome (LIS) should be kept alive is a matter of intense controversy. This study aimed to examine the moral attitudes of lay people to these questions, and the values and other factors that underlie these attitudes.MethodOne hundred ninety-nine US residents completed a survey using the online platform Mechanical Turk, comprising demographic questions, agreement with treatment withdrawal from each of the conditions, agreement with a series (...) of ethical principles and three personality tests.ResultsMore supported treatment withdrawal from VS (40.2 % agreed, 17.6 % disagreed) than MCS (20.6 %, 41.2 %) or LIS (25.3 %, 35.8 %). Agreement with treatment withdrawal was negatively correlated with religiosity (r = −0.272, P < 0.001), though showed no significant relationship with need for cognition or empathy, and only a partial association with utilitarian judgment in a standard moral dilemma. Support for treatment withdrawal was most strongly associated with endorsement of the importance of patient autonomy, dignity, suffering, best interests. Distributive justice was not given significant weight by most. Importantly, agreement with treatment withdrawal was noticeably higher when considered from a first as opposed to third person perspective for VS (Z = −6.056, P < 0.001), MCS (Z = −6.746, P < 0.001) and LIS (Z = −6.681, P < 0.001).ConclusionLay attitudes to withdrawal of treatment in brain damaged patients are largely shaped by values similar to those central to the secular ethical debate. Neither traditional values such as the sanctity of life nor utilitarian values relating to resource allocation seem to play a central role. Far greater weight is given to autonomy, which may explain why participants were far more willing to endorse withdrawal of treatment when the issue was presented in the first person, or in relation to a concrete case involving a patient’s explicit wishes. Surveys focusing on abstract cases presented in the third person may not provide an accurate picture of lay attitudes to these critical ethical questions. (shrink)

According to the Maximin principle of distributive justice, one outcome is more just than another if the worst off individual in the first outcome is better off than the worst off individual in the second. This is often interpreted as a highly egalitarian principle, and, more specifically, as a highly egalitarian way of balancing a concern with equality against a concern with efficiency. But this interpretation faces a challenge: why should a concern with efficiency and equality lead us to (...) a concern only for the very worst off? Egalitarian proponents of Maximin tend to meet this challenge by showing that it possible to formally derive Maximin from surprisingly weak conditions relating efficiency and equality to justice. But in this paper, I argue that this reply fails. The issue is not that the proofs are invalid, but instead that every existing proof of Maximin transforms into an impossibility result as soon as we realize that any reasonable conception of equality must satisfy a certain formal property. The upshot is that even if it is possible to defend Maximin on other grounds, there is no known way to defend it on the grounds that it balances a concern with equality against a concern for efficiency. Further, more general implications of this result for egalitarian theories of distributive justice are also explored. (shrink)

Introduction: the road ahead -- Pt. I. Envisioning a just place -- 1. Why jewish social justice? -- 2. Place matters -- 3. The ideal city -- Pt. II. Principles and practice of social justice -- 4. Storytelling for social justice -- 5. Creating an integrated Jewish life -- 6. Partnerships and power -- 7. Sacred words: engaging with text and tradition -- Pt. III. Taking action -- 8. Direct service -- 9. Giving and investing money -- (...) 10. Advocacy -- 11. Community organizing -- Conclusion: where justice dwells. (shrink)

For Hegel, poverty is not simply a misfortune, but, rather, a kind of injury inflicted on one class by another. Though Hegel rejects Marx’s theory of class, he nevertheless anticipates Marx’s idea of the exploitation of one class by another. How, though, do we align this proto-marxist dichotomy between rich and poor with Hegel’s official theory of class; his tripartite theory of estates? I argue that Hegel’s wealthy are chiefly found in the ‘mercantile’ estate, and that they are those intellectual (...) labourers who manage, oversee, and organize the production process. (shrink)

Performance appraisals are widely used as an HR instrument. This study among 332 police officers examines the effects of performance appraisals from a behavioral ethics perspective. A mediation model relating justice perceptions of police officers’ last performance appraisal to their work affect, perceived supervisor and organizational support and, in turn, their ethical (pro-organizational proactive) and unethical (counterproductive) work behavior was tested empirically. The relationship between justice perceptions and both, ethical and unethical behavior was mediated by perceived support and (...) work affect. Hence, a singular yearly performance appraisal was linked to both ethical and unethical behaviors at work. The finding that ethical and unethical aspects of employee behavior share several of the same organizational antecedents, namely organizational justice perceptions, has strong practical implications which are discussed as well. (shrink)

In 1982 the American philosopher and Levinas scholar Edith Wyschogrod conducted an interview with Emmanuel Levinas, the transcript of which she published seven years later. Early in the interview, Wyschogrod proposed to Levinas that his philosophy constituted a radical break with western theological tradition because it started not with a Parmenidean ontological plenitude, but rather with the God of the Hebrew Bible. The God Levinas began with, according to Wyschogrod, wasan indigent God, a hidden God who commands that there be (...) a world apart from God, because God needs the multiplicity of the world in order for there to be justice. Levinas responds to this proposal: That’s quite right. Justice, I call it responsibility for the other, right? There is even in Totality and Infinity, the evocation of the tzimtzum [the idea in kabbalistic writings of the self-contraction of God in order to create the void in which creation can take place], but I won’t venture into that. (shrink)

In 1982 the American philosopher and Levinas scholar Edith Wyschogrod conducted an interview with Emmanuel Levinas, the transcript of which she published seven years later. Early in the interview, Wyschogrod proposed to Levinas that his philosophy constituted a radical break with western theological tradition because it started not with a Parmenidean ontological plenitude, but rather with the God of the Hebrew Bible. The God Levinas began with, according to Wyschogrod, wasan indigent God, a hidden God who commands that there be (...) a world apart from God, because God needs the multiplicity of the world in order for there to be justice. Levinas responds to this proposal: That’s quite right. Justice, I call it responsibility for the other, right? There is even in Totality and Infinity, the evocation of the tzimtzum [the idea in kabbalistic writings of the self-contraction of God in order to create the void in which creation can take place], but I won’t venture into that. (shrink)

For most of the century and a half that began roughly with the later works of John Stuart Mill, the most important divide within liberal political thought was that between classical liberalism and welfare liberalism. The questions that were important to the socialist/liberal debate also became important for debates within liberalism: What is the relationship between property and freedom? Between free trade and freedom? Is freedom of commercial activity on a moral par with other sorts of freedom? Is the alleviation (...) of poverty or material need a more important political goal than freedom? How do freedom and equality fit together in a liberal understanding of justice? What degree of state economic planning, or state taxation and expenditure, is compatible with liberal freedom? (shrink)

In this paper I explore Aristotle’s idea of epikeia, or equity, in relation to the contemporary abortion debate. Equity is the rule of justice that insists we gobeyond the letter of the law in those cases in which following it would be harmful. One consequence of this is that we do not need to create exceptionless laws,since laws can admit exceptions for the sake of a higher good. I argue that this arrangement appears to be a reasonable way to (...) move the abortion debate forward, since the common good would mandate the prohibition of most abortions, but applications of equity would protect access to abortion for those considered most in need. In the end, though, despite this reasonableness, its usefulness for reforming abortion law is limited due to the current hostility of the American legislature to natural law as a higher form of justice. (shrink)

This article considers the topic of the prior parental right in the education of their children, unequivocally asserted in the United Nations’ Declaration of Human Rights. Discussion focuses upon the origins and nature of this right as it is described in Catholic Church teaching as well as the Supreme Court’s 1925 decision in Pierce v. Society of Sisters, both of which antedate and provide principled support for UDHR’s assertion. The purpose here is to use these principles to identify the injustice (...) arising when a State or its agents deny parental choice in education by limiting that choice to public schools. In the United States, this action imperils the foundation of UDHR’s goal that education be “the foundation of freedom, justice and peace in the world.”. (shrink)

In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate (...) crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice. (shrink)

Pursuing equality is an important challenge for any modern democratic society but this challenge faces two sets of difficulties: the theoretical question of what sort of equality to pursue and for whom; and the practical question concerning which legal and political institutions are the most appropriate vehicles for implementing egalitarian social policy and thus realizing egalitarian justice. This book offers original and innovative contributions to the debate about equality of opportunity. The first part of the book sets out a (...) theory of equality of opportunity that presents equal opportunities as a normative device for the regulation of competition for scarce resources. The second part shifts the focus to the consideration of the practical application by courts or legislatures or public policy makers of policies for addressing racial, class or gender injustices. The author examines standardized tests, affirmative action, workfare, universal health-care, comparable worth, and the economic consequences of divorce. (shrink)

Michael Walzer has made great contributions to the appreciation of both moral and cultural pluralism in political theory. Nonetheless, there are ways in which Walzer's arguments appear anti-pluralistic. The question of this essay is: why is there so little pluralism in Walzer's political theory, or why does its pluralism run out so soon? Focusing on Spheres of Justice and Nation and Universe, it examines the effect of Walzer's nationalism/statism on his theory, and the constraints his theory faces in considering (...) multiculturalism or political pluralist regimes such as federalism within a state. (shrink)

This chapter contains section titled: I Equality of Resources II Justice in Health Care III Why Universal Access Requires In‐kind Transfers IV Conclusion Acknowledgement.

Traditional just war theory maintains that the two types of rules that govern justice in times of war, jus ad bellum (justice of war) and jus in bello (justice in war), are logically independent of one another. Call this the independence thesis. According to this thesis, a war that satisfies the ad bellum rules does not guarantee that the in bello rules will be satisfied; and a war that violates the ad bellum rules does not guarantee that (...) the in bello rules will be violated. A controversial implication of this is that it’s possible for soldiers to undergo acts that are instrumental in bringing about victory in an unjust war and yet do nothing morally wrong. Some authors – call them purists – claim that this cannot be correct. Participating in an unjust war is by itself morally wrong. Yitzhak Benbaji has given what is to my mind the strongest defense of the independence thesis. In this paper I critically examine Benbaji’s argument and conclude that it is not persuasive. My argument against Benbaji incorporates the concept of honor in the military. I seek to show, in part, that if the recent literature is correct concerning both the nature of honor and the importance of instilling it in soldiers, then Benbaji hasn’t given the purist a compelling reason to give up her view. (shrink)

Jonathan Jacobs examines the injustice of incarceration in the U.S. and U.K., both during incarceration and upon release into civil society. Situated at the intersection of criminology and political philosophy, Jacobs's focus is on moral reasoning, and he argues that the current state of incarceration is antithetical to the project of liberal democracy, as it strips incarcerated people of their agency. He advocates for reforms through a renewed commitment to the values and principles of liberal democracy and proposes a retributivist (...) conception of sanction to reform the criminal justice system and emphasizes the importance of proportionality. (shrink)

What are the contents, limits, and possibilities of Aristotle’s works for critical thinking about money? Recent scholarship has (re)turned to Aristotle as an authority for two key political approaches to money. The first aims to democratize the governance of monetary institutions in order to realize more just economic outcomes. The second seeks to prevent money, or its inherently deleterious excesses, from corrupting political actors and political life. Arguing that these two approaches are insightful, important, and incomplete, I reengage Aristotle’s account (...) of money across the Nicomachean Ethics and the Politics to theorize money as a vital but underexplored means of political subject formation. I illuminate how the use of money produces collective and constitutive relations that emerge by way of people’s engagements and entanglements with the things they produce, acquire, desire, and exchange. Bringing this to light also makes visible, I argue, how Aristotle understands money as something capable of being used to both bring about social justice and to pervasively corrupt the foundations of shared democratic life. Taking stock of this dual capacity of money, I show how money’s relationship to subjectivity simultaneously makes money the site of a seemingly intractable problem for politics under capitalism and the means to revive it and reconnect it to democratic life. (shrink)

Are principles of criminal justice derived from a broader conception of justice, or does criminal justice involve some of its own distinctive principles such that it is not—for example—an aspect of...

This essay argues that muthos in the broad sense of “story” or “narrative” is essential to a philosophical understanding of the roots of justice and injustice within the soul. I examine the use of narrative in two different contexts: the tale of the Gygean ring of invisibility that Glaucon tells in Plato's Republic, and the parable of Agnes and the Merman in Søren Kierkegaard's Fear and Trembling. These two muthoi make possible a direct, inner experience of the fundamental difference (...) between just and unjust souls. They guide us to the insight that the capability of radical injustice is rooted in the absence of the very powers of sympathetic imagination and intellect that unlock their meaning. Because the deepest insights of these Platonic and Kierkegaardean texts come to light only through the interpretation of a story, they cannot be communicated in the “nonmythical” form of logos or philosophical argument alone. (shrink)

Liver transplantation offers a lifesaving treatment for patients suffering from end-stage liver failure, but not all candidates in the United States are eligible owing to center-specific criteria. When a patient is rejected at a transplantation center for medical, surgical, or psychosocial issues, they are often referred to other centers. We focus on this practice of reevaluation at a second center when the candidate was rejected for psychosocial reasons. We review the criteria used by health professionals to determine psychosocial eligibility and (...) present three case examples from a large teaching hospital that demonstrate this phenomenon in practice. The cases illustrate the conflicts among autonomy, beneficence, nonmaleficence, and justice. We present arguments for and against this practice and provide concrete solutions as a path forward. (shrink)

Educators and policy makers confront challenging questions of ethics, justice, and equity on a regular basis. Should teachers retain a struggling student if it means she will most certainly drop out? Should an assignment plan favor middle-class families if it means strengthening the school system for all? These everyday dilemmas are both utterly ordinary and immensely challenging, yet there are few opportunities and resources to help educators think through the ethical issues at stake. Drawing on research and methods developed (...) in the Justice in Schools project at the Harvard Graduate School of Education,_ Dilemmas of Educational Ethics_ introduces a new interdisciplinary approach to achieving practical wisdom in education, one that honors the complexities inherent in educational decision making and encourages open discussion of the values and principles we should collectively be trying to realize in educational policy and practice. At the heart of the book are six richly described, realistic accounts of ethical dilemmas that have arisen in education in recent years, paired with responses written by noted philosophers, empirical researchers, policy makers, and practitioners, including Pedro Noguera, Howard Gardner, Mary Pattillo, Andres A. Alonso, Jamie Ahlberg, Toby N. Romer, and Michael J. Petrilli. The editors illustrate how readers can use and adapt these cases and commentaries in schools and other settings in order to reach a difficult decision, deepen their own understanding, or to build teams around shared values. (shrink)

We set out longtermist political philosophy as a research field by exploring the case for, and the implications of, ‘institutional longtermism’: the view that, when evaluating institutions, we should give significant weight to their very long-term effects. We begin by arguing that the standard case for longtermism may be more robust when applied to institutions than to individual actions or policies, both because institutions have large, broad, and long-term effects, and because institutional longtermism can plausibly sidestep various objections to individual (...) longtermism. We then address points of contact between longtermism and some central values of mainstream political philosophy, focusing on justice, equality, freedom, legitimacy, and democracy. While each value initially seems to conflict with institutional longtermism, we find that these conflicts are less clear-cut upon closer inspection, and that some political values might even provide independent support for institutional longtermism. We end with a grab bag of related questions that we lack space to explore here. (shrink)

_Teaching in a democracy is challenging and filled with dilemmas that have no easy answers._ For example, how do educators meet their responsibilities of teaching civic norms and dispositions while remaining nonpartisan? _Democratic Discord in Schools_ features eight normative cases of complex dilemmas drawn from real events designed to help educators practice the type of collaborative problem solving and civil discourse needed to meet these challenges of democratic education. Each of the cases also features a set of six commentaries written (...) by a diverse array of scholars, educators, policy makers, students, and activists with a range of political views to spark reflection and conversation. Drawing on research and methods developed in the Justice in Schools project at the Harvard Graduate School of Education (HGSE), _Democratic Discord in Schools_ provides the tools that allow educators and others to practice the deliberative skills they need in order to find reasonable solutions to common ethical dilemmas in politically fraught times. (shrink)

Ian Ayres and Fredrick Vars have done the gun debate a tremendous service in their new book. They have shown that a range of proposals expected to reduce gun death and injury are plausible in our c...

The notion of justice implies that what is given is owed to the recipient; charity, on the other hand, acknowledges the reality of a free gift that is not owed to the recipient. This difference is obscured in contemporary liberal societies where, because of the absence of transcendent metaphysical commitments, the demandsof social justice replace charity. A Thomistic analysis, however, recognizes a metaphysical order as the basis for justice. This order limits the sphere of justice and (...) so allows for acts of charity motivated by love for God. If we do not recognize this distinction, we reduce all charitable acts to acts of justice and therefore ignore themost important debt of all: the debt humans owe to God that can only be repaid by loving Him and our neighbor. (shrink)

Confront the most pressing issues of twenty-first-century America in this fascinating book, which brings together classical Jewish sources, contemporary policy ...

The enormous financial cost of criminal justice has motivated increased scrutiny and recognition of the need for constructive change, but what of the ethical costs of current practices and policies? Moreover, if we seriously value the principles of liberal democracy then there is no question that the ethics of criminal justice are everybody’s business, concerns for the entire society. _The Routledge Handbook of Criminal Justice Ethics_ brings together international scholars to explore the most significant ethical issues throughout (...) their many areas of expertise, anchoring their discussions in the empirical realities of the issues faced rather than applying moral theory at a distance. Contributions from philosophers, legal scholars, criminologists and psychologists bring a fresh and interdisciplinary approach to the field. The _Handbook _is divided into three parts: Part I addresses the core issues concerning criminal sanction, the moral and political aspects of the justification of punishment, and the relationship between law and morality. Part II examines criminalization and criminal liability, and the assumptions and attitudes shaping those aspects of contemporary criminal justice. Part III evaluates current policies and practices of criminal procedure, exploring the roles of police, prosecutors, judges, and juries and suggesting directions for revising how criminal justice is achieved. Throughout, scholars seek pathways for change and suggest new solutions to address the central concerns of criminal justice ethics. This book is an ideal resource for upper-undergraduate and postgraduate students taking courses in criminal justice ethics, criminology, and criminal justice theory, and also for students of philosophy interested in punishment, law and society, and law and ethics. (shrink)

Scholarly convention holds that logos and muthos are in Plato’s mind fundamentally opposed, the former being the medium of philosophy and the latter of poetry. I argue that muthos in the broad sense of story or narrative in fact plays an indispensable philosophical role in the Republic. In particular, any account of the nature and power of justice and injustice must begin with powers of the soul that can come to light only through the telling and interpretation of stories. (...) This is implicit in Glaucon’s Gygean tale. Read in connection with the earlier tale of Gyges in Herodotus, Glaucon’s muthos shows itself to be a story about storytelling and interpretation, knowledge of self and others, and the discovery of the roots of justice and injustice. (shrink)

This book offers an introduction to the philosophical issues of criminal justice ethics in a way suitable for students of criminology and criminal justice. It links philosophical concepts with empirical research in criminology and introduces criminal justice ethics, in the context of political and legal order.