Justice, Misc

Over the years a few authors have argued that Rawls’s ideal theory of justice is useless for the real world. This criticism has been largely ignored by Rawlsians, but in the light of a recent accumulation of such criticisms, some authors (in particular Holly Lawford-Smith, A. John Simmons, Zofia Stemplowska and Laura Valentini) have tried to defend ideal theory. In this article I will recapitulate the precise problem with Rawls’s ideal theory, argue that some of Rawls’s defenders misconceive it, and (...) show that recent attempts to rescue Rawls’s ideal theory from the charge of being useless fail. While there are useful kinds of ideal theory, Rawls’s is not one of them. In addition, Rawls’s very tentative suggestions for some kind of bridge between ideal and non-ideal theory are contradictory insofar as they implicitly presuppose the non-existence of the problem they are meant to solve. Thus, Rawls’s “non-ideal theory” too, is useless, and not so much a theory at all but a set of ad hoc stipulations. Finally, I will show that certain attempts within the global justice debate to use some variation of the original position to directly derive guidelines for the real world are misguided and yield no useful results. (shrink)

How might people be wronged in relation to fear? Recently philosophers have begun to investigate the idea that there may be distinctly affective forms of injustice (Archer & Mills 2019; Archer & Matheson 2022; Gallegos 2022; Srinivasan 2018; Whitney 2018). Until now, though, the literature on affective injustice has mostly focused on the emotion of anger. Similarly, while philosophers have investigated both ethical (Döring 2020; Harbin 2023) and political (Ahmed 2004; Nussbaum 2019) questions related to fear, this literature has not (...) yet drawn on the literature of affective injustice to investigate these issues. We will investigate how fear can be a site of affective injustice. We will outline three forms of affective injustice involving fear. We begin by providing an overview of the existing literature on affective injustice. We will then argue that the unfair dismissal of people’s fears can constitute a form of affective injustice. Next, we will argue that being made to live in fear can also constitute a form of affective injustice. Finally, we will outline the last form of fear-related affective injustice, which is being the target of unwarranted fear. In exploring these various forms of fear-related affective injustice we will highlight more general features of affective injustice that have hitherto been underacknowledged. (shrink)

This collective book invites authors to reflect on the concepts of non-humiliation and decency, in light of Avishai Margalit’s philosophical legacy.

Accusations of hypocrisy are a recurring theme in the public debate on climate change, but their significance remains poorly understood. Different motivations are associated with this accusation, which is leveled by proponents and opponents of climate action. In this article, I undertake a systematic assessment of climate hypocrisy, with a focus on lifestyle and political hypocrisy. I contextualize the corresponding accusation, introduce criteria for the conceptual analysis of climate hypocrisy, and develop an evaluative framework that allows us to determine its (...) moral significance. I argue that different instances of climate hypocrisy are problematic to different degrees, depending on how detrimental they are to an agent's attainment of environmental integrity. The resulting framework helps clear the confusion caused by disinformation campaigners, by distinguishing objectionable uses of the climate hypocrisy charge from constructive ones motivated by genuine concern for integrity. (shrink)

In May 2021, Royal Dutch Shell was ordered by the Hague District Court to significantly reduce its CO2 emissions. This ruling is unprecedented in that it attributes the responsibility for mitigating climate change directly to a specific corporate emitter. Shell neither directly causes climate change alone nor can alleviate it by itself; therefore, what grounds this responsibility attribution? I maintain that this question can be answered via Young’s social connection model of responsibility for justice. I defend two claims: First, I (...) argue that the model explains Shell’s connection to climate change and that this relationship grounds Shell’s responsibility. Second, by identifying a way in which the social connection model could be applied to corporations in legal practice, I further develop Young’s model. I question Young’s distinction between political and legal responsibility for justice and propose that courts could mediate citizens’ actions regarding political responsibilities. (shrink)

Presentazione del curatore italiano (C.Corradetti): È possibile conciliare il pluralismo culturale con la dimensione pubblica della deliberazione? Partendo dall’analisi critica di Rawls e Habermas, James Bohman offre una risposta innovativa alla questione dell’accordo democratico. In tale proposta, parallelamente al rigetto di soluzioni meramente strategiche, viene riabilitata la nozione di compromesso morale nel quadro di un accordo normativo. Mantenendo fede ad una prospettiva composta da elementi normativi e fattuali, l’autore si propone di ampliare le opportunità democratiche nella riconciliazione tra conflitti culturali (...) profondi propri delle società contemporanee. L’elemento civico partecipativo risulta essere dunque una componente essenziale per la produzione di una sfera pubblica vibrante. Ne emerge una ricostruzione convincente volta non solo a respingere le critiche degli scettici sulle reali possibilità d’inclusività democratica, ma diretta soprattutto a suggerire un più efficace modello deliberativo per la garanzia della stabilità sociale. Questo testo è diventato ormai un riferimento internazionale classico nella discussione sul tema della deliberazione pubblica. L’autore ha inoltre sviluppato in ambito post-nazionale il suo modello deliberativo senza tuttavia ridiscutere i fondamenti concettuali della sua proposta teorica qui enunciati.Vista la rilevanza del tema e considerata la centralità del testo proposto, sembrerebbe dunque auspicabile rendere il testo disponibile anche al lettore italiano. (shrink)

This paper develops an interpretation of Hume’s accounts of the obligation and value of justice. According to my interpretation, Hume takes the obligation of justice to depend (in part) on the conventions that define the rules of justice realizing a distinctive form of value, which I call functional value. Properly understanding Hume’s accounts, I argue, requires revisionary understandings of his accounts of both the set of things susceptible to fundamental moral evaluation and his view of the nature of utility.

This paper explores the significance of dignity for our understanding of the rights of workers. It surveys important uses of the idea of dignity in several discursive contexts, and offers an interpretation that illuminates the content, scope, and normative force of labor rights. The discursive contexts considered include human rights, socialism, Kantian practical philosophy, and Christian social thought. The interpretation of dignity offered illuminates basic rights to decent conditions in which workers for example choose their occupation, receive adequate remuneration, and (...) are able to form unions to defend their interests. It is also illuminates more ambitious rights to work in ways that fully further workers’ interests in flourishing and involve avoidance or minimization of their domination, exploitation, and alienation. (shrink)

In the present article, the first section recapitulates my “figuration” philosophy of dance, the “dancing-with” interpretive method derived therefrom, and my previous application of figuration to salsa dance as a decolonizing gestural discourse. The second section deepens and modifies this analysis through a reinterpretation of Argentinian philosopher Ernesto Laclau’s concept of hegemony and his dance-resonant interpretations of Derrida. And the final section offers a template for this hegemonic dancing-with in the Birmingham, Alabama Latin dance troupe, Corazon de Alabama (Heart of (...) Alabama), as a new strategy for decolonizing and reconstructing social justice. (shrink)

There are two conceptions of ‘inclusion’ in play in this debate. 1. The traditional conception in sport: How does sport provide inclusion/exclusion? Through eligibility criteria. 2. The social justice conception: trans people must be included in all social endeavours/institutions, one of these being sport. In the latter ‘inclusion’ facilitates affirmation and validation of their gender identity. The question is: should sport take on this ‘social justice’ task?

This paper has two aims. The first is to describe several sources of the moral responsibility to remedy or alleviate global poverty—reasons why an agent might have such a responsibility. The second is to consider what sorts of agents bear the responsibilities associated with each source—in particular, whether they are collective agents like states, societies, or corporations, on the one hand, or individual human beings on the other. We often talk about our responsibilities to the poorest people in the world, (...) or what we owe them. So the question is who this we is. I shall argue that the answer depends on the source of the responsibility. Some responsibilities—one species of causal responsibilities—belong in the first instance to collectives, although they will also trickle down to at least some individuals within the collective. Other responsibilities—humanitarian responsibilities, and a different species of causal responsibilities—belong in the first instance to individuals, but can, I shall argue, “trickle up” to collectives of which individuals are members. (shrink)

For Avishai Margalit, the normative ideal of a decent society is one in which institutions do not humiliate those who are party to them. The relevant sort of humiliation is centrally one in which human beings are ‘rejected from the Family of Man’ or treated as inhuman, where the opposite of humiliation consists of respecting (something about) human nature. In the course of richly expounding this ideal, Margalit provides an account of what justifies respect or, relatedly, forbids humiliation (Part II) (...) and then thoughtfully specifies revealing instances of humiliation in a variety of social, economic, and political institutions that render a society indecent (Parts III and IV). About his position, I intend to make two claims. One is that I believe there are logical gaps between Margalit’s account of what it is about human beings that warrants respect and of why it is wrong to humiliate them, on the one hand, and many of his examples of humiliation, on the other. The latter ought to be informed by the former, but I will argue that it often appears that what it is that entitles us to non-humiliation on Margalit’s view (roughly our capacities to repent and to suffer) does not, and cannot plausibly, ground what intuitively counts as humiliation for him and for many readers. My second claim will be that a certain alternative conception of what it is about human nature that warrants non-humiliating or respectful treatment can close this gap. Drawing on relational values salient in the Global South, and particularly the African philosophical tradition, I advance the view that human dignity inheres in the capacity to be party to relationships of harmony or friendliness, and then show that it is plausibly this capacity that is degraded by the various forms of humiliation that Margalit discusses. (shrink)

From Plato to the present day, political theorists have used models of idealistic societies to think about politics. How can these idealistic models inform our thinking about political life in our non-ideal world? Not, as many political theorists have hoped, by providing normative guidance -- by showing us how things should be or where we should go. Even still, we can use these models to interpret the concepts we depend on to explain and evaluate political behavior and institutions, thereby sharpening (...) our explanations of how things work and our estimations of how to make things better. Seeing idealistic models in this light reveals a promising route to a form of political inquiry that integrates our explanatory aims and our normative aspirations. -/- (Updated: October 2024. The book is in production for publication by Oxford University Press, to appear in the Philosophy, Politics, and Economics series. I have uploaded the table of contents, chapter 1, and the bibliography.). (shrink)

The rapid expansion of the public discussion and research on just transition implies the risk of watering down either justice or the (eco-)socio-technical transition itself. We create a theoretical notion of just transition boundaries and propose it to help consider non-negotiable limits to just transition discourse and make sense of negotiations within such limits. Just transition boundaries are comprised of ecological and social boundaries. They determine that just transition-processes must bring societies effectively within the safety thresholds of the two most (...) critical planetary boundaries, climate change and biodiversity loss, and must do that by means and supportive measures that protect vulnerable groups from falling or getting stuck below social minimums in those processes. Boundaries leave room for plural values and visions for realizing transitions and remaining within safe thresholds in community-specific conditions. Context-specific additions to what just transition should cover are possible insofar as they do not contradict or risk just transition boundaries. In addition to justifying and conceptualizing just transition boundaries, we reflect on its implications for policymaking and research. (shrink)

The access-to-justice movement broadly concerns the extent to which people have the ability to resolve legally actionable problems. To the extent that individuals seek resolution through civil litigation, they can be disadvantaged by their unmet need for legal services, particularly in high-stakes cases and complicated areas of law. I propose an innovative legal intervention to this problem called “compensatory preliminary damages,” which builds from the work of Gideon Parchomovsky and Alex Stein. I argue that preliminary damages should function as compensatory (...) awards for harm to a plaintiff’s ability to access justice, rather than a contingency loan that might make indigent plaintiffs worse off than before if they lose. By awarding such damages, courts make plaintiffs whole for harm to their access to justice that is not conditional on a decision after the merits or their final recovery for the injuries alleged. As such, the award would not need to be repaid. -/- . (shrink)

The task that Hume explicitly sets himself in 3.2 of the Treatise is to identify the motive that renders just actions virtuous and constitutes justice as a virtue. But surprisingly, he never provides a clear account of what this motive is. This is the problem of the missing motive. The goal of this paper is to explain this problem and offer a novel solution. To set up my solution, I analyze a recent proposal from Geoffrey Sayre-McCord and illustrate what it (...) gets right and what it gets wrong. I develop a solution that retains the benefits of his proposal while addressing its defects. The result is a significant advancement in our understanding of Hume’s theory of justice. (shrink)

This introduction presents the field of experimental moral and political philosophy as a confluence between different disciplines and research traditions. This chapter begins by highlighting the importance of several historical currents and presenting the scope and nature of a diverse and rich research agenda within the contours of a broad research area. The development of behavioural economics, the revisiting of John Rawls’ psychological assumptions in his Theory of Justice, the framework of bounded ethicality, the rebirth of philosophical naturalism, and the (...) burgeoning movement of experimental philosophy are given credit in the convergence leading to the current state of the field. This chapter ends by presenting a few active subfields that, in addition to their social relevance, may strengthen the hybrid enterprise of experimental moral and political philosophy by producing new and interesting results in the coming years. (shrink)

What would the institution of the family look like, if it were reformed according to republican desiderata? Would it even survive such re-shaping?

Whataboutism is een strategie waarbij op een beschuldiging wordt gereageerd met een wedervraag die eveneens een beschuldiging impliceert, waardoor de oorspronkelijke vraag eerder wordt ontweken dan beantwoord. Het is een effectieve methode om de aandacht te verplaatsen naar een andere situatie door een vergelijkbaar, dan wel onvergelijkbaar, contrast te bieden, waardoor de beschuldigde het eigen gedrag probeert te rechtvaardigen en verantwoordelijkheid probeert te ontlopen. Maar niet alle vormen van whataboutism impliceren echter een drogredenering, noch worden ze altijd verkeerd toegepast. Het (...) contrast dat voortkomt uit de vraag ‘what about’ kan dan een cruciale bijdrage leveren aan een situatie die een verdere kritische analyse vereist, en daarmee de geloofwaardigheid van de argumentatie versterken. (shrink)

Research on the role of values in science and objectivity has typically approached trust through its epistemic aspects. Yet, recent work on public trust in science has emphasized the role of non-epistemic values in building and maintaining trust. This paper will use a concept of trust that adds concerns about justice to epistemic conditions to investigate this problem in relation to public health. I will argue that trust-conducive values, particularly justice, are relevant in deciding which value influences are legitimate in (...) scientific decision-making. Drawing on public health ethics, I will provide a consequentialist justification for employing trust-conducive values. While several concepts of justice have been explored in the context of public health, I will further draw on public health ethics, focusing on a view that brings together both distributive and procedural aspects. For illustration, I will use the case of cardiovascular disease prevention, particularly how concerns about justice apply when choosing between population-based and individual-based approaches. (shrink)

This chapter provides an introduction to the emerging field of the philosophy of money and finance. The field addresses philosophical issues about the nature of money and the normative foundations of financial systems. Although philosophical theorizing about money and finance dates back to Antiquity, the topic has only recently emerged as a central research focus. The chapter also introduces the present anthology and locates its parts and chapters in the broader field. More specifically, the anthology is divided into four main (...) parts: Metaphysics, Epistemology, Ethics, and Political Philosophy. Each part contains four chapters on different but interrelated topics, which are all introduced here. (shrink)

How might people be wronged in relation to their feelings, moods, and emotions? Recently philosophers have begun to investigate the idea that these kinds of wrongs may constitute a distinctive form of injustice: affective injustice. In previous work, we have outlined a particular form of affective injustice that we called emotional imperialism. This paper has two main aims. First, we aim to provide an expanded account of the forms that emotional imperialism can take. We will do so by drawing inspiration (...) from William Reddy’s (2001) concept of an emotional regime and investigating ways in which colonial powers of the eighteenth to twentieth centuries sought to impose their emotional regimes on their colonial subjects. Second, we will offer more expansive accounts of both emotional imperialism and affective injustice that can accommodate these additional forms of emotional imperialism. (shrink)

Liberalism is often claimed to be at odds with feminism and critical race theory (CRT). This article argues, to the contrary, that Rawlsian liberalism supports the central commitments of both. Section 1 argues that Rawlsian liberalism supports intersectional feminism. Section 2 argues that the same is true of CRT. Section 3 then uses Young’s ‘Five Faces of Oppression’—a classic work widely utilized in feminism and CRT to understand and contest many varieties of oppression—to illustrate how Rawlsian liberalism supports diverse feminist (...) and CRT projects, and why it may be critical to achieve solidarity between feminism, CRT, and Rawlsian liberalism. Finally, Section 4 responds to five objections. (shrink)

Alex Byrne contends that women are (simply) adult human females, claiming that this thesis has considerably greater initial appeal than the justified true belief (JTB) theory of knowledge. This paper refutes Byrne’s thesis in the same way the JTB theory of knowledge is widely thought to have been refuted: through simple counterexamples. Lessons are drawn. One lesson is that women need not be human. A second lesson is that biology and physical phenotypes are both irrelevant to whether someone is a (...) woman, and indeed, female in a gendered sense. A third lesson is that trans women, cis women, alien women, and robot women are all women because to be a woman is to be an adult gendered female. This paper does not purport to settle complex normative questions of ethics or justice, including whether the ordinary meaning of “woman” ought to be retained or changed—though I do note plausible implications for these debates. This paper does purport to settle what the ordinary meaning of “woman” is, and in that regard contribute to important conceptual ground-clearing regarding what constitutes an ameliorative or revisionary definition of “woman.”. (shrink)

One of David Estlund’s key claims in Utopophobia is that theories of justice should not bend to human motivational limitations. Yet he does not extend this view to our cognitive limitations. This creates a dilemma. Theories of justice may ignore cognitive as well as motivational limitations—but this makes them so unrealistic as to be unrecognizable as theories of justice. Theories may bend to both cognitive and motivational limitations—but Estlund wants to reject this view. The other alternative is to find some (...) non-ad hoc way to distinguish cognitive from motivational limitations. I argue that this strategy will not work. Just as a person’s cognitive limitations may block her motives no matter how much she perseveres, so too motivational limitations may be genuine inabilities. Even ideal theories of justice must bend to even ordinary motivational limitations when they truly cause us to be unable to comply with requirements. (shrink)

On at least most accounts of what global justice requires, those living in severe poverty around the world are unjustly disadvantaged. Remedying this unjust disadvantage requires (perhaps among other things) that resources currently possessed by well-off people are deployed in ways that will improve the lives of the poor. In this article, I argue that, contrary to the claims of some critics, well-off individuals’ effective altruist giving is at least among the appropriate responses to global injustice. In addition, I suggest (...) that effective altruist giving will often be among the best ways for such people to satisfy obligations that they have in virtue of being beneficiaries of global injustice. The argument that I offer for this conclusion has at least two important implications: first, critics of effective altruism who claim that it is incompatible with taking global injustice sufficiently seriously are mistaken; and second, effective altruists have reason to reject the non-normative accounts of the movement’s core commitments that have been advocated by some prominent proponents. (shrink)

This paper proposes a concept of justice for future people that is mindful of Indigenous critiques of the so-called »Anthropocene«. I first review these critiques, which suggest that motivating pro-futural care by dreading an impending climate crisis tends to betray a privileged, often settler-colonial perspective. The beneficiaries of colonialism now have the »luxury« of viewing the environmental crisis as one that lies mostly in the future, while many Indigenous communities have been living with such a crisis for a long time. (...) I then review various Indigenous accounts of intergenerational relations, in which I find the wide-spread claim that present generations owe to descendants because they received gifts from ancestors as well as the land. I elaborate this view as what I call asymmetrical reciprocity among generations. The final section argues that this view can help to demarginalize the future: above all, by disallowing a linear view of time according to which a focus on the future permits the neglect of the past. Hence, climate ethics and intergenerational justice must face the history of colonialism. (shrink)

This paper explains alternative views about the nature and value of childhood, and how particular conceptions of childhood matter to a practical issue relevant to the topic of the book: children's voting rights. I don't defend any particular view on this matter; rather, I explain how recent accounts of what is uniquely good or bad about being a child bear on arguments for and against enfranchising children. I also explain why children who live in a society in which many adults (...) fail to comply with their duties of intergenerational justice have a weightier interest in voting, and hence why the case for children's enfranchisement is stronger in such cases. (shrink)

This article reviews a slew of discriminatory and harassing events that struck the discipline of Philosophy in the 2010s, suggesting that they be understood as part of a breakdown in practices of judgement within the discipline. Drawing on the work of James Tully, Hannah Arendt, and William Connolly on pluralism and judgement, the essay shows the increasingly impoverished self-justifications used to hold back both intellectual and group pluralism within the North American discipline, while holding out hope that Arendt's claim that (...) standards of judgement can fall away and be replaced is being redeemed. (shrink)

How should the fact of state consent to international agreements affect their moral evaluation? Political criticism of the content of international agreements is often answered by invoking the voluntary nature of those agreements: if states did not wish to accept their terms then they were free to reject them; the fact of their having voluntarily accepted them limits the scope for subsequent criticism. This is the “Voluntarist Reply”. This paper examines the Voluntarist Reply to understand the specific moral work that (...) it claims to do, the sense of voluntariness that it requires, and the limits on the capacity of voluntary consent to answer substantive political and moral criticism . It maps those limits across four prominent and plausible accounts of international economic justice to understand the different ways that consent does or does not alter the moral situation. (shrink)

Eva Erman and Niklas Möller have recently presented a trenchant critique of my (2015) argument that ideal normative theories are uninformative for certain practical purposes. Their criticisms are largely correct. In this note, I develop the ideas behind my earlier argument in a way that circumvents their critique and explains more clearly why ideal theory is uninformative for certain purposes while leaving open the possibility that it might be informative for other purposes.

This paper presents a new trilemma with respect to resolving the control and alignment problems in machine ethics. Section 1 outlines three possible types of artificial moral agents (AMAs): (1) 'Inhuman AMAs' programmed to learn or execute moral rules or principles without understanding them in anything like the way that we do; (2) 'Better-Human AMAs' programmed to learn, execute, and understand moral rules or principles somewhat like we do, but correcting for various sources of human moral error; and (3) 'Human-Like (...) AMAs' programmed to understand and apply moral values in broadly the same way that we do, with a human-like moral psychology. Sections 2–4 then argue that each type of AMA generates unique control and alignment problems that have not been fully appreciated. Section 2 argues that Inhuman AMAs are likely to behave in inhumane ways that pose serious existential risks. Section 3 then contends that Better-Human AMAs run a serious risk of magnifying some sources of human moral error by reducing or eliminating others. Section 4 then argues that Human-Like AMAs would not only likely reproduce human moral failures, but also plausibly be highly intelligent, conscious beings with interests and wills of their own who should therefore be entitled to similar moral rights and freedoms as us. This generates what I call the New Control Problem: ensuring that humans and Human-Like AMAs exert a morally appropriate amount of control over each other. Finally, Section 5 argues that resolving the New Control Problem would, at a minimum, plausibly require ensuring what Hume and Rawls term ‘circumstances of justice’ between humans and Human-Like AMAs. But, I argue, there are grounds for thinking this will be profoundly difficult to achieve. I thus conclude on a skeptical note. Different approaches to developing ‘safe, ethical AI’ generate subtly different control and alignment problems that we do not currently know how to adequately resolve, and which may or may not be ultimately surmountable. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

A good education provides useful ‘knowledge, skills, attitudes, and dispositions’ (Brighouse, Ladd, Loeb, & Swift, 2016, p. 6).1 Educational justice cares about the distribution of these goods beca...

Philosophy & Public Affairs, Volume 50, Issue 3, Page 375-407, Summer 2022.

I examine the main anticosmopolitan Rawslian argument, the ‘basic structure argument.’ It holds that distributive justice only applies to existing basic structures, there are only state basic structures, so distributive justice only applies among compatriots. Proponents of the argument face three challenges: 1) they must explain what type of basic structure relation makes distributive justice relevant only among compatriots, 2) they must explain why distributive justice (as opposed to allocative or retributive) is the relevant regulative concept for basic structures, and (...) 3) they must put forth a plausible concept of distributive justice. I show that Rawlsians support what I will call the ‘division of labor thesis’ to answer the first two challenges. Briefly, the division of labor thesis holds that distributive justice only becomes relevant where members of a division of labor jointly produce some socioeconomic product. To meet the third challenge, Rawlsians seem to accept what Elizabeth Anderson calls the ‘modern systemic concept of distributive justice’ – the idea that distributive justice organizes entire economic systems with respect to their distributive consequences or the relationships they maintain. I argue that if Rawlsians accept the systemic concept, they should reject the anticosmopolitan basic structure argument. (shrink)

Political theorists study the attributes of desirable social-moral states of affairs. Schaefer (forthcoming) aims to show that "static political theory" of this kind rests on shaky foundations. His argument revolves around an application of an abstruse mathematical theorem -- Kakutani's fixed point theorem -- to the social-moral domain. We show that Schaefer has misunderstood the implications of this theorem for political theory. Theorists who wish to study the attributes of social-moral states of affairs should carry on, safe in the knowledge (...) that Kakutani's theorem poses no threat to this enterprise. (shrink)

The COVID-19 pandemic has been overwhelming public health-care systems around the world. With demand exceeding the availability of medical resources in several regions, hospitals have been forced to invoke triage. To ensure that this difficult task proceeds in a fair and organised manner, governments scrambled experts to draft triage guidelines under enormous time pressure. Although there are similarities between the documents, they vary considerably in how much weight their respective authors place on the different criteria that they propose. Since most (...) of the recommendations do not come with ethical justifications, analysing them requires that one traces back these criteria to their underlying theories of distributive justice. In the literature, COVID-19 triage has been portrayed as a value conflict solely between utilitarian and egalitarian elements. While these two accounts are indeed the main antipodes, I shall show that in fact all four classic theories of distributive justice are involved: utilitarianism, egalitarianism, libertarianism, and communitarianism. Detecting these in the documents and classifying the suggested criteria accordingly enables one to understand the balancing between the different approaches to distributive justice—which is crucial for both managing the current pandemic and in preparation for the next global health crisis. (shrink)

This book completes the project, begun in Nietzsche’s Immoralism: Politics as First Philosophy, of critically reconstructing a Nietzschean left politics. Nietzsche's incompatibilist ideal of amor fati requires reconceiving legitimacy as the breeding of a people whose material conditions enable it to affirm its social order. Justice is founded in a future, higher type’s right to exist against present individuals who internalize the contradictions of past societies. In opposition to Nietzsche’s self-undermining aristocratism, this right can only be realized through a universal (...) promotion of the pluralistic unity of the manifold soul, secured by an equally manifold form of democracy. Against the covert aristocratism of liberal proceduralism, authentic democracy produces a true people grounded in shared, concrete happiness, requiring a comprehensive egalitarianism maintained by a permanent socialist state and achievable only through a populist, coalitional politics across identities that radically transforms the material conditions of our shared social life. (shrink)

Freedom is among the central values in political philosophy. Freedom also features heavily in normative arguments in ethics, politics, and law. Yet different sides often invoke freedom to establish very different conclusions. Some argue that freedom imposes strict constraints on state power. For example, when promoting public health, there is a limit on how far the state can interfere with individual freedom. Others, in contrast, argue that freedom is not just a constraint but also an important goal of state power (...) and collective action. Good public health policy, for example, promotes people’s freedom. Of course, different arguments often draw on different theories of freedom. So, to evaluate such arguments, we need to analyze these different theories and their implications and assess their plausibility. -/- The broadly liberal tradition views freedom as being about external options. Such theories typically start with an account of when someone has a specific freedom or unfreedom to do something. For example, some argue that only a narrow set of interpersonal interferences count as constraints on freedom. Others argue that a far broader set of factors, including ill health and natural constraints, can reduce one’s freedom. -/- Since the 1980s and 1990s, scholarship has increasingly recognized that to use liberal freedom in normative arguments, one must move beyond specific freedom and unfreedom. Most laws and policies both subtract and add specific freedoms. What matters is how a person’s freedom is affected overall. Philosophers and economists have thus engaged in intricate debates about how to measure overall freedom. Moreover, policies and law affect not only one person at one point in time but also multiple persons across time. So, liberal freedom-based arguments also require distributive criteria for intertemporal and interpersonal distributions of freedom. -/- In the early 21st century, republicanism has developed into a prominent alternative to liberal theories. Republicans argue that being a free person is not just, or not even primarily, about liberal option-freedom. Freedom requires being free from dominating power. Republicans and liberals have engaged in a lively debate on who offers the better theory. In developing the republican ideal, republicans also engage in intramural debates. For example, is domination primarily an interpersonal or structural phenomenon? And what economic institutions does republicanism imply? -/- Theorizing around freedom has become richer and moved from narrower questions regarding specific freedom and unfreedom to overall freedom and to republican theories of nondomination. But recent theorizing also seeks to extend its focus and scope. Historically, theorizing started with the freedom of able-bodied male citizens within nation states. Recent theorizing shifts the focus to include issues around gender, disability, freedom at the international level, and the freedom of nonhuman animals and future generations. Beyond fascinating implications of existing theories, a more inclusive focus is likely to also yield important lessons on how current theories can be improved. (shrink)

The paper takes as its starting point John Rawls’s claim that the social bases of self-respect is perhaps the most important primary good the distribution of which is governed by his principles of justice. There has been some debate about this claim in the literature and this debate has included important clarifications regarding the concept(s) involved. However, I think this discussion hasn’t gone deep enough and this – relative – lack of depth has or at least might have important implications (...) for our theory of distributive justice. To show this, I begin with Rawls’s admittedly sketchy remarks about the significance of self-respect in his theory. After this I briefly describe the debate that followed: what emerges here is a distinction between two kinds of self-respect. While I think this distinction is in good order, I also think and subsequently argue, building on the work of Robin Dillon and Anna Bortolan, that it only scratches the surface of the complex phenomenon of self-respect. In particular, as these authors show, the self-respect complex is, in fact, a multi-layered phenomenon and the distinction as used misses its fundamental level: basal self-respect (Dillon) or self-esteem (Bortolan). In the finishing part of the paper I discuss these two proposals to show that Bortolan’s version is the better one. All this then has clear relevance for the adjoining debate in political philosophy: all those who want to give an important role to self-respect in their theory of justice have potentially focused on the wrong target so far. This, I conclude, might well give rise to a new feminist critique of liberal egalitarian justice. (shrink)

The World Trade Organization (WTO) is a multilateral trade organization that, at least partially, governs trade relations between its member states. The WTO (2011a) proclaims that its “overriding objective is to help trade flow smoothly, freely, fairly and predictably.” The WTO is a “treaty-based” organization – it has been constituted through an agreed, legally binding treaty made up of more than 30 articles, along with additional commitments by some members in specific areas. At present, 153 states are members of the (...) WTO, which collectively make up over 97 percent of all trade worldwide (WTO 2011b). Together, the WTO treaty specifies the rights and obligations of its member states. To become a member of the WTO, a state must treat the agreement as a “single undertaking.” Members cannot choose à la carte which agreements – for example, regarding tariffs, or trade in services or intellectual property – they want to accede to and which they do not. Instead, they must take on the obligations of the agreement in toto. The WTO is one of the most consequential governance institutions in the world, a lodestar of political debate about globalization (see globalization), attracting increased interest from moral and political philosophers in recent years (James 2006; Moellendorf 2005; Risse 2007; Brock 2009). (shrink)