Though much attention has been paid to different principles of justice, far less has been done reflecting on what the larger concern behind the notion is. In this work, Mathias Risse proposes that the perennial quest for justice is about ensuring that each individual has an appropriate place in what our uniquely human capacities permit us to build, produce, and maintain, and is appropriately respected for the capacity to hold such a place to begin with. Risse begins by (...) investigating the role of political philosophers and exploring how to think about the global context where philosophical inquiry occurs. Next, he offers a quasi-historical narrative about how the notion of distributive justice identifies a genuinely human concern that arises independently of cultural context and has developed into the one we should adopt now. Finally, he investigates the core terms of this view, including stringency, moral value, ground and duties of justice. (shrink)
The article discusses two areas at the intersection of social determinants of health research and social justice theory. The first section examines the affinity between social epidemiology and the capabilities approach. The second section examines how social epidemiology's expansion of the scope of the causal chain and determinants raises questions about epistemology and ontology in epidemiology as well as the field's link to the moral concern for human health.
Towards Justice and Virtue challenges the rivalry between those who advocate only abstract, universal principles of justice and those who commend only the particularities of virtuous lives. Onora O'Neill traces this impasse to defects in underlying conceptions of reasoning about action. She proposes and vindicates a modest account of ethical reasoning and a reasoned way of answering the question 'who counts?', then uses these to construct linked accounts of principles by which we can move towards just institutions and (...) virtuous lives. (shrink)
Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles (...) will be useful to a wide range of scholars interested in Rawls and the expanse of his influence. (shrink)
In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise (...) not only for the state but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)
One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that (...) dominant approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)
We all have beliefs, even strong convictions, about what is just and fair in our social arrangements. How should these beliefs and the theories of justice that incorporate them guide our thinking about practical matters of justice? This wide-ranging collection of essays by one of the foremost medical ethicists in the USA explores the claim that justification in ethics, whether of matters of theory or practice, involves achieving coherence between our moral and non-moral beliefs. Amongst the practical issues (...) addressed in the volume are the design of health-care institutions, the distribution of goods between the old and the young, and fairness in hiring and firing. In combining ethical theory and practical ethics this volume will prove especially valuable to philosophers concerned with ethics and applied ethics, political theorists, bioethicists, and others involved in the study of public policy. (shrink)
Are wealthy countries' duties towards developing countries grounded in justice or in weaker concerns of charity? Justice in a Globalized World offers both an in-depth critique of the most prominent philosophical answers to this question, and a distinctive approach for addressing it.
When the policies and activities of one country or generation harm both other nations and later generations, they constitute serious injustices. Recognizing the broad threat posed by anthropogenic climate change, advocates for an international climate policy development process have expressly aimed to mitigate this pressing contemporary environmental threat in a manner that promotes justice. Yet, while making justice a primary objective of global climate policy has been the movement's noblest aspiration, it remains an onerous challenge for policymakers. -/- (...) Atmospheric Justice is the first single-authored work of political theory that addresses this pressing challenge via the conceptual frameworks of justice, equality, and responsibility. Throughout this incisive study, Steve Vanderheiden points toward ways to achieve environmental justice by exploring how climate change raises issues of both international and intergenerational justice. In addition, he considers how the design of a global climate regime might take these aims into account. Engaging with the principles of renowned political philosopher John Rawls, he expands on them by factoring in the needs of future generations. Vanderheiden also demonstrates how political theory can contribute to reaching a better understanding of the proper human response to climate change. By showing how climate policy offers insights into resolving contemporary controversies within political theory, he illustrates the ways in which applying normative theory to policy allows us to better understand both. -/- Thoroughly researched and persuasively argued, Atmospheric Justice makes an important step toward providing us with a set of carefully elaborated first principles for achieving environmental justice. (shrink)
What is justice? Questions of justice are questions about what people are due, but what that means in practice depends on context. Depending on context, the formal question of what people are due is answered by principles of desert, reciprocity, equality, or need. Justice, thus, is a constellation of elements that exhibit a degree of integration and unity, but the integrity of justice is limited, in a way that is akin to the integrity of a neighborhood (...) rather than that of a building. A theory of justice is a map of that neighborhood. (shrink)
The core of this book is a novel theory of distributive justice premised on the fundamental moral equality of persons. In the light of this theory, Rakowski considers three types of problems which urgently require solutions-- the distribution of resources, property rights, and the saving of life--and provides challenging and unconventional answers. Further, he criticizes the economic analysis of law as a normative theory, and develops an alternative account of tort and property law.
Machine generated contents note: Introduction; 1. Political philosophy for earthlings; 2. Two ways to think about justice; 3. Social justice in multicultural societies; 4. Liberalism, equal opportunities and cultural commitments; 5. Equality of opportunity and the family; 6. Justice and boundaries; 7. Social justice versus global justice?; 8. 'Are they my poor?': The problem of altruism in a world of strangers; 9. Taking up the slack? Responsibility and justice in situations of partial compliance; (...) 10. A tale of two cities, or political philosophy as lamentation. (shrink)
This book conveys the breadth and interconnectedness of questions of justice - a rarity in contemporary moral and political philosophy. James P. Sterba argues that a minimal notion of rationality requires morality, and that a minimal libertarian morality requires the welfare and equal opportunity endorsee by welfare liberals and the equality endorsed by socialists, as well as a full feminist agenda. Feminist, racial, homosexual, and multicultural justice, are also shown to be mutually supporting. The author further shows (...) the compatibility between anthropocentric and biocentric environmental ethics, as between just war and pacifist theories. Finally, he spells out when normal politics, legal protest, civil disobedience, revolutionary action, and criminal disobedience are morally permitted by justice for here and now. This highly original and potentially controversial book is ideal for courses in moral and political philosophy, applied ethics, women's studies, environmental studies, and peace studies. (shrink)
This paper considers the relation between philosophical discussions of, and social-scientific research into popular beliefs about, distributive justice. The first part sets out the differences and tensions between the two perspectives, identifying considerations which tend to lead adherents of each discipline to regard the other as irrelevant to its concerns. The second discusses four reasons why social scientists might benefit from philosophy: problems in identifying inconsistency, the fact that non-justice considerations might underlie distributive judgments, the way in (...) which different principles of justice can yield the same concrete distributive judgments, and the ambiguity of key terms. The third part distinguishes and evaluates three versions of the claim that normative theorising about justice can profit from empirical research into public opinion: that its findings are food for thought, that they amount to feasibility constraints, and that they are constitutive of normatively justified principles of justice. The view that popular opinion about justice has a strongly constitutive role to play in justifying principles of distributive justice stricto sensu is rejected, but it is argued that what the people think (and what they can reasonably be expected to come to think) on distributive matters can be an important factor for the political theorist to take into account, for reasons of legitimacy, or feasibility, or both. (shrink)
Towards Justice and Virtue is Onora O’Neill’s most developed account thus far of her distinctive approach to moral and political philosophy. Readers who are already familiar with O’Neill’s articles and her two previous books will appreciate the way it brings together in one sustained and rigorous argument the various themes which have occupied her attention over the years. Those who are new to O’Neill’s work will find in it a lucid, accessible, and provocative challenge to contemporary ethical theories.
This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
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A leading international expert on environmental issues, Shrader-Frechette brings a new standard of rigor to philosophical discussions of environmental justice in her latest work. Observing that environmental activists often value environmental concerns over basic human rights, she points out the importance of recognising that minority groups and the poor in general are frequently the biggest victims of environmental degradation, a phenomenon with serious social and political implications that the environmental movement has failed to adequately address. She argues for their (...) equal rights to 'environmental justice' and maintains that they should not have to bear most of the weight of the burdens of pollution and resource depletion. Advocating a greater awareness on the part of professionals in a position to help these victims, Shrader-Frechette proposes a more equitable distribution of environmental resources and, in doing so, makes an important contribution to the fields of environmental ethics and applied philosophy. (shrink)
This text is an integrated and comprehensive account of theories of justice and judgement in contemporary political and moral philosophy. It offers a critical examination of judgement and normative validity in the recent works of Rawls, Habermas, Ackerman, Michaleman, and Dworkin. Ferrara demonstrates how the understanding of justice and normative validity, since the linguistic turn in philosophy, is defined in terms of reflective judgement. This demonstration comprises of an historical overview of the judgement model in contemporary (...) political philosophy that focuses on Rawls on ` justice as fairness' and Habermas on the discourse theory of law and the public sphere. The discussion then examines situated judgement; the work of Ackerman on the function of the constitution; and Michaelman on deliberative democracy. Justice and Judgement concludes with an exhaustive and exacting discussion of universalism and contemporary liberalism; and the judgement view of justice. The key themes of this examination are the good; equal respect; and reflexive judgement. (shrink)
Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? The argument of this book is that justice as impartiality offers a solution. According to the theory of justice as impartiality, principles of justice are those principles that provide a reasonable basis for the unforced assent of those subject to them. The (...) object of this book is to set the theory out, explain its rationale, and respond to a variety of criticism that have been made of it. As the second volume of his work-in-progress, A Treatise on Social Justice, this work lies at the heart of a thriving academic debate which the author has played a key role in shaping. (shrink)
Organizational justice and injustice are widely noted influences on employees' ethical behavior. Corporate ethics programs alsoraise issues of justice; organizations that fail to "follow-through" on their ethics policies may be perceived as violating employees' expectations of procedural and retributive justice. In this empirical study of four large corporations, we considered employees' perceptions of general organizational justice, and their perceptions of ethics program follow-through, in relation to unethical behavior that harms the organization, and to employees' willingness to (...) help the organization by reporting ethical problems and issues to management. Results show that when employees perceive general organizational justice and ethics program follow-through, there is less unethical behavior and greater willingness to report problems. General justice and ethics program follow-through also interact with each other, showing that the impact of ethics initiatives is influenced by the organizational context. (shrink)
In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront (...) foundational issues about health and justice. How much inequality in health can a just society tolerate. The audience for the book is scholars and students of bioethics and moral and political philosophy, as well as anyone interested in public health and health policy. (shrink)
Kok-Chor Tan addresses three key questions in political philosophy: Where does distributive equality matter? Why does it matter? And among whom does it matter? He argues for an institutional site for egalitarian justice, a luck-egalitarian ideal of why equality matters, and a global scope for distributive justice.
This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace (...) among states, a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)
I provide an alternative to the two prevailing accounts of justice in immigration policy, the free migration view and the state discretion view. Against the background of an internationalist conception of domestic and global justice that grounds special duties of justice between co-citizens in their shared participation in a distinctive scheme of social cooperation, I defend three principles of justice to guide labor immigration policy: the Difference Principle, the Duty of Beneficence, and the Duty of Assistance. (...) I suggest how these principles are to be applied in both ideal and nonideal circumstances. Finally, I argue that the potential conflict between these principles has often been overstated, and propose priority rules for genuine cases of conflict. (shrink)
This article explores and critiques the relationship between justice and legitimacy in contemporary liberal thought. The first half sets out the extent to which liberalism demands the same necessary and sufficient conditions of justice and legitimacy, and in doing so obscures their evaluative distinctiveness. It then offers an interpretation of the deeper theoretical assumptions that result in this unsatisfactory conflation, arguing that the primacy that liberal theory has given to justice, understood as a moral concept, has resulted (...) in a failure to appreciate the deeply multifaceted political nature of legitimacy. The suggestion is then made that it is only through recognizing this nature, including the different circumstances in which the demand for legitimation arises and the needs to which it responds, that this theoretical impasse can be overcome. The article ends on the more radical thought that this may require liberal theory to displace justice as the first virtue of political systems and replace it with the virtue of legitimacy. (shrink)
Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On (...) the other hand, it may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justicephilosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)
This cogent and knowledgeable critique of the tradition of modern analytic philosophy focuses on the work of its central figures -- Russell, Carnap, and Quine -- and finds it wanting. In its place, Hao Wang unfolds his own original view of what philosophy could and should be. The base of any serious philosophy, he contends, should take as its point of departure the actual state of human knowledge. He explains the relation of this new tradition to mathematical (...) logic and reveals the crucial transitions and mistakes in mainstream Anglo-American philosophy that make a new approach so compelling.Equally at home in philosophy and mathematics, Wang is uniquely qualified to take on the task of critically examining modern philosophy. He carefully traces the path of ideas from Russell and Wittgenstein through the Vienna Circle to modern British and American philosophy, and makes use of his familiarity with the profound thought of Kurt GÃ¶del with whom he has had numerous discussions. He also presents the broader significance of Russell's philosophy, provides a comprehensive and unified treatment of Quine's work in logic and in philosophy, and delineates what is common between Carnap and Quine. (shrink)
Why is American punishment so cruel? While in continental Europe great efforts are made to guarantee that prisoners are treated humanely, in America sentences have gotten longer and rehabilitation programs have fallen by the wayside. Western Europe attempts to prepare its criminals for life after prison, whereas many American prisons today leave their inhabitants reduced and debased. In the last quarter of a century, Europe has worked to ensure that the baser human inclination toward vengeance is not reflected by state (...) policy, yet America has shown a systemic drive toward ever increasing levels of harshness in its criminal policies. Why is America so short on mercy? In this deeply researched, comparative work, James Q. Whitman reaches back to the 17th and 18th centuries to trace how and why American and European practices came to diverge. Eschewing the usual historical imprisonment narratives, Whitman focuses instead on intriguing differences in the development of punishment in the age of Western democracy. European traditions of social hierarchy and state power, so consciously rejected by the American colonies, nevertheless supported a more merciful and dignified treatment of offenders. The hierarchical class system on the continent kept alive a tradition of less-degrading "high-status" punishments that eventually became applied across the board in Europe. The distinctly American, draconian regime, on the other hand, grows, Whitman argues, out of America's longstanding distrust of state power and its peculiar, broad-brush sense of egalitarianism. Low-status punishments were evenly meted out to all offenders, regardless of class or standing. America's unrelentingly harsh treatment of trangressors--this "equal opportunity degradation"-- is, in a very real sense, the dark side of the nation's much vaunted individualism. A sobering look at the growing rift between the United States and Europe, Harsh Justice exposes the deep cultural roots of America's degrading punishment practices. (shrink)
This book is a collection of essays on various problems arising in connection with John Rawls's theory of justice. Its focus is the method of wide reflective equilibrium. The first half of the book begins with Daniels's well-known essay "Wide Reflective Equilibrium and Theory Acceptance in Ethics" and ends with an excellent discussion of the role of reflective equilibrium in Rawls's Political Liberalism. The essays in the second part discuss justice in health care. They are of interest in (...) their own right, and also as illustrating Daniels's view that for those practicing the method of reflective equilibrium, applied moral philosophy is integral to the process of moral theorizing. Daniels says that the essays do not constitute a systematic treatment of wide reflective equilibrium. But they display a much higher degree of thematic coherence than is usual in a collection, and they read much like the chapters of a monograph. (shrink)
There has recently been much debate about the idea of levying a tax on particular transactions on international financial markets. Economists have argued about how much revenue such an international financial transaction tax would raise and they disagree about what effects it would have on trade volumes, financial stability, and overall growth. Politicians have argued about the feasibility of introducing such a tax internationally and they disagree on its adequacy as a policy response to the current financial and economic crisis. (...) This article contributes to the debate about international financial transaction taxation by bringing the perspective of political philosophy to bear on the politicians’ and economists’ arguments about policy. I shall outline a framework for thinking about justice in finance, and defend the idea of an international financial transaction tax as an instrument for making the international financial system more just. (shrink)
One important trend in political philosophy is to hold that non-human animals don't directly place demands of justice on us. Another important trend is to give considerations of justice normative priority in our general normative theorising about social/political institutions. This situation is problematic, given the actual ethical standing of non-human animals. Either we need a theory of justice that gives facts about non-human animals a non-derivative explanatory role in the determination of facts about what justice (...) involves, or else we should be wary of the default normative priority that considerations of justice have in much of contemporary political philosophy. This discussion brings out important general methodological points tied to the role of concept and word choice in normative theorising about our social/political institutions. These methodological points, I argue, matter for a range of discussions in contemporary political philosophy, including those about global justice. (shrink)
This essay supposes that the question of what treatment of animals is morally acceptable cannot be decided in any straightforward way by appeals to 'equal consideration of interests' or to animal rights. Instead it seeks to survey a variety of proposals as to how we ought to adjudicate interspecific conflicts of interests - proposals that are both 'speciesist' and 'non-speciesist' in nature. In the end one proposal is defended as the most reasonable one, and is claimed to provide a partial (...) basis for developing an adequate theory of interspecific justice. In the course of this argument the challenge posed by radical critics of current treatment of animals (e.g. Tom Regan and Peter Singer) is considered. The schema of a theory developed here partly supports and partly conflicts with positions they have defended. Regarding the latter point it proposes a non-anthropocentric basis for discounting the interests of sentient animals. (shrink)
Piety is not a theme that normally attracts the modern mind. In our own age rebellion has a more prominent position and the theme of impiety strikes a more sympathetic note. We are led to examine Plato's Euthyphro as much for the hints we find on the subject of impiety as for whatever it might contain on the seemingly drab subject of the holy. The Euthyphro is also a dialogue concerned with justice, a recurrent theme in the Platonic corpus, (...) and it questions the accepted relationship of justice to piety and orthodoxy. The secular implications of the argument, which seem to be the more important to Socrates, himself, are as relevant to modern politics and religion as they were to the life of ancient Athens. (shrink)
This book, which inaugurates the Princeton Monographs in Philosophy series, starts from Plato's analogy in the Republic between conflict in the soul and conflict in the city. Plato's solution required reason to impose agreement and harmony on the warring passions, and this search for harmony and agreement constitutes the main tradition in political philosophy up to and including contemporary liberal theory. Hampshire undermines this tradition by developing a distinction between justice in procedures, which demands that both sides (...) in a conflict should be heard, and justice in matters of substance, which will always be disputed. Rationality in private thinking consists in adversary reasoning, and so it does in public affairs. Moral conflict is eternal, and institutionalized argument is its only universally acceptable restraint and the only alternative to tyranny.In the chapter "Against Monotheism," Hampshire argues that monotheistic beliefs are only with difficulty made compatible with pluralism in ethics. In "Conflict and Conflict Resolution," he argues that socialism, seen as the proposal of extended political solutions for natural human ills, is still a relevant, yet strongly contested, ideal. (shrink)
This article is an introduction to an ancient Egyptian text called The Tale of the Eloquent Peasant and an argument that it ought to be seen as a classic of political philosophy. After contextualizing the tale as part of a tradition of moral and political philosophy in ancient Egypt, I explore the methods by which the text defines the proper roles of political authority and contrast its approach to justifying political authority with the argument from the state of (...) nature so common in modern Western political philosophy. I claim that the tale's argument from dysfunction anticipates the move in contemporary Western political philosophy towards privileging non-ideal over ideal theory. I discuss challenges in translating the key term in the tale ? ma'at ? in light of the fact that it can be taken to mean ?justice? and/or ?truth?. Finally, I discuss how the irony at the heart of its narrative can lead us to interpret the tale as having either conservative or revolutionary implications for the political system it depicts. (shrink)