Sport faces many challenges in creating fair, interesting, and meaningful competitions that highlight and reward the qualities widely valued in sport, such as natural talents, dedication, and competitive savvy. The Paralympic Games illuminate both the challenge and a thoughtful way of responding by organizing events that group athletes with comparable levels of impairment so that raw physical discrepancies don't overwhelm differences in talent or dedication. It may be helpful to reflect on how gender is used in decisions about (...) who competes against whom. Gender has long served as a rough proxy for differences in size and strength. For sports where size and strength matter, those are the dimensions along which competitors should be matched, not their gender identity. In that sense, gender is incidental to fair competition in sport. Because playing sports is good for people in so many ways, we should provide abundant opportunities that are widely available and enjoyable for all people. (shrink)

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

L'auteur analyse les concepts centraux de la théorie de la justice de John Rawls. Il restitue la teneur de critiques importantes, dont certaines ne sont pas aisées à saisir, qui ont pu être adressées de divers horizons (Sandel, Habermas, Sen, Seymour, Hoffmann, notamment) à la théorie rawlsienne de la justice. Que veut dire "appliquer" Rawls? Comment? Dans quelle mesure est-ce réaliste ou simplement pertinent? Cette étude nous en offre une réponse éclairante. S'y voit honorée de deux manières la thématique de (...) l'application : d'une part, en prenant la mesure des difficultés de faire advenir une réalité politique très instable et passablement déstructurée à une situation décente ; d'autre part, en exerçant consciencieusement l'aptitude à une philosophie politique appliquée, une philosophie qui n'en reste pas aux principes, mais s'efforce de les "schématiser" en direction de contextes d'application plus ou moins favorables ou réfractaires. Se pose sans doute la question des limites d'une applicabilité de la théorie rawlsienne à la situation de la sous-région de l'Afrique des Grands Lacs, ainsi que celle des "stratégies" envisageables pour une sortie de crise chronique, voire, en vue d'une transition démocratique. Cet ouvrage mérite l'attention de tous ceux qui s'intéressent à la problématique de l'avenir politique de l'Afrique et de la République démocratique du Congo en particulier. (shrink)

This is a collection of essays, most being reprints or revisions of works which have appeared elsewhere, focusing on aspects of Rawls’ treatise. The intent of the volume is to furnish a "guide to the problems and lines of criticism which must be pursued" in the furtherance of a "full scholarly assessment of Rawls’ achievement." Additionally, the editor hopes that the collection may serve as "an aid to the education of advanced students" who may be reading Rawls in graduate seminars. (...) The volume is organized around four main themes: 1) contractarianism and the original position, 2) the attack on utilitarianism and the attempt to avoid intuitionism, 3) the doctrines of justice as fairness and the difference principle, and 4) criticisms from the social sciences. The contributors are: Thomas Nagel, Ronald Dworkin, Milton Fisk, R. M. Hare, Joel Feinberg, Gerald Dworkin, David Lyons, T. M. Scanlon, Richard Miller, H. L. A. Hart, Norman Daniels, A. K. Sen, Benjamin Barber, and Frank Michelman. Daniels has also provided an excellent introduction summarizing the issues and criticisms which are debated within: it furnishes a helpful overview of the volume’s contents as well as a conspectus of Rawls criticism generally. Finally there is a selected bibliography of further criticism, and a name index. (shrink)

Sport categorization is often justified by benefits such as increased fairness or inclusion. Taking inspiration from John Rawls, Sigmund Loland’s fair equality of opportunity principle in sport (FEOPs) is a tool for determining whether the existence of an inequality ethically justifies the institution of a new category in any given sport. It is an elegant ethical normative framework, but since FEOPs does not account explicitly for athlete safety (i.e. athlete physical and mental wellbeing), we are left in (...) an ethically dubious situation where the risk of harm associated with a categorization regime might in fact prove to be greater than the risk of harm present within the sport before its introduction. To address this critical gap, I propose the ‘scales of ignorance’ ethical normative framework to weigh the relative risk of harm within a sport, crucially inserting athlete safety into the discourse surrounding ethical justification for categorization in sport. The current paper is the first explicit formulation of assessment and ethical justification of risk of harm in the familiar logic of FEOPs. The scales of ignorance framework can also be used independently of Loland’s approach. Two new concepts are also proposed: ‘insidious risk of harm’ and ‘pernicious risk of harm’. (shrink)

A double ambiguity has been charged against Rawls’s difference principle (DP). Is it Maximin, Leximin, or something else? Usually, following A. Sen, scholars identify DP with the so-called Leximin. One argues here that one has to distinguish 1° the Leximin, 2° the Maximin (as rule of justice formally analogous to the maximin rule of decision), represented by the figure in L of the perfectly substitutable goods, and 3° the genuine DP. When the augmentation of inequality benefits the worse off, only (...) Pareto-strong improvements are permitted. Leximin would also permit Pareto-weak improvements too (after the first maximum D), where only the richest improves: from (2, 3) to (2, 5), say. This is forbidden by DP. With two classes, unlike Maximin, DP has no curve of indifference and is always decisive, as Leximin is. For undecisive Rules of Justice, which admit indifferent curves, I propose to add a lexically secondary rule, to break ties. That move is able to clarify the links and the differences between on the one hand Maximin alone, with its typical indifference curves in L, and on the other hand, the DP properly understood and the Leximin, which both have no indifferent curves. With two classes of persons (best off/worse off), DP appears more egalitarian than Leximin, because it's secondary rule is MinIn (Minimization of Inequality). But the intuition behind the distinction is that it cannot possible “fair” that only the best off improves in a productive social cooperation. (shrink)

This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s.

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This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines -- religious, philosophical, and moral (...) -- coexist within the framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." -- _Times Literary Supplement_. (shrink)

This book explores the three foundational topics in Rawls’s theories of justice (social justice, multiculturalism, and global justice) while deconstructing ideas of democratic citizenship, public reason, and liberal individualism latent in his treatment of these subjects in order to uncover their cultural and historical underpinnings.

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

The context-free weak ordering principle is viewed by many as a cornerstone of rational choice theory. McClennen, for example, claims that this principle is one of a pair on which '[t]he theory of rational choice and preference, as it has been developed in the past few decades by economists and decision theorists, rests', and Sen characterizes a version of context freedom as ‘a very basic requirement of rational choice’. But this principle is certainly not uncontroversial: there are examples of principle (...) is certainly not apper irrational. (shrink)

Amartya Sen describes John Rawls?s ?justice as fairness? as ?transcendental institutionalism? and develops his realization-focused approach in contrast. But Rawls is no transcendental institutionalist, and Sen?s construal of their opposition occludes a third, relation-based position and a valuable and practical form of ideal theory. What Sen calls transcendental institutionalism and realization-focused comparative theory each treat justice as something to bring about, a problem for experts. A third position treats justice in terms of how we relate to one another rather than (...) of achievement. This position, called ?justice as reciprocity,? is consistent with Rawls?s ?justice as fairness? and Sen?s normative aspirations, and might form the basis of new and fruitful dialogue between them. By treating justice as a question of how we relate to one another, and treating relation-based ideals as the basis of respectful behavioral constraints (rather than of ends to pursue), ?justice as reciprocity? grounds an everyday form of just democratic citizenship. (shrink)

There are many forms of utilitarianism, and the development of the theory has continued in recent years. I shall not survey these forms here, nor take account of the numerous refinements found in contemporary discussions. My aim is to work out a theory of justice that represents an alternative to utilitarian thought generally and so to all of these different versions of it. I believe that the contrast between the contract view and utilitarianism remains essentially the same in all these (...) cases. Therefore I shall compare justice as fairness with familiar variants of intuitionism, perfectionism, and utilitarianism in order to bring out the underlying differences in the simplest way. With this end in mind, the kind of utilitarianism I shall describe here is the strict classical doctrine which receives perhaps its clearest and most accessible formulation in Sidgwick. The main idea is that society is rightly ordered, and therefore just, when its major institutions are arranged so as to achieve the greatest net balance of satisfaction summed over all the individuals belonging to it.9.. (shrink)

There are many forms of utilitarianism, and the development of the theory has continued in recent years. I shall not survey these forms here, nor take account of the numerous refinements found in contemporary discussions. My aim is to work out a theory of justice that represents an alternative to utilitarian thought generally and so to all of these different versions of it. I believe that the contrast between the contract view and utilitarianism remains essentially the same in all these (...) cases. Therefore I shall compare justice as fairness with familiar variants of intuitionism, perfectionism, and utilitarianism in order to bring out the underlying differences in the simplest way. With this end in mind, the kind of utilitarianism I shall describe here is the strict classical doctrine which receives perhaps its clearest and most accessible formulation in Sidgwick. The main idea is that society is rightly ordered, and therefore just, when its major institutions are arranged so as to achieve the greatest net balance of satisfaction summed over all the individuals belonging to it.9.. (shrink)

Thomas Pogge has been challenging liberal thinking on global politics, often through critical engagement with John Rawls’ work. Pogge presents both normative and empirical arguments against Rawls: normatively, Rawls’ domestic Theory of Justice and global Law of Peoples are incompatible ideal theories; empirically, LP is too removed from the actual world to guide the foreign policy of liberal societies. My main purpose here is to contest the first, ideal theory criticism in order to direct more attention to the second, non-ideal (...) objection. I argue against Pogge that TJ and LP can be read as coherent, once one employs a Rousseauian rather than Pogge’s economic Kantian reading of TJ. The first two sections present Pogge’s view of TJ and contrast it with a Rousseauian alternative that is less cosmopolitan and economic and much more focused on the democratic and sovereign context of justice as fairness. The third section seeks to refute Pogge’s incoherence arguments, which encompass the identity of the parties to the international original position, their motivations and their decisions. Instead of a conclusion, the last section emphasizes LP’s non-ideal problems, and suggests that insofar as LP is the most robust liberal ideal theory of global politics, its empirical failure indicates the need to shift global justice theorizing even more to the non-ideal realm.Keywords: Rawls; Pogge; global justice; ideal theory; non-ideal theory; cosmopolitanism; statism; Rousseau; Kant; democracy. (shrink)

In this article, the ability of partnerships to generate goods that enhance the quality-of-life of socially and economically deprived urban communities is explored. Drawing on Rawl's study on social justice [Rawls, J.: 1971, A Theory of Justice (Harvard University Press, Cambridge)] and Sen's capabilities approach [Sen, A.: 1992, Inequality Re-Examined (Harvard University Press, Cambridge, MA); 1999, Development as Freedom (Oxford University Press, Oxford); 2009, The Idea of Justice (Ellen Lane, London)], we undertake an ethical evaluation of the effectiveness of different (...) approaches to partnership activity in city neighbourhood regeneration. We focus, in particular, on their impact on the social regeneration of disadvantaged communities. Governance of cross-sector partnerships, built upon negotiated values and strong community voice, may result in a greater sense of procedural justice, as well as improvements to orderliness in local neighbourhoods. However, distributive justice, the accumulation of, and access to, goods that enable greater participation in society, remains largely elusive within neighbourhood partnership activity. We conclude that social provision that deals fairly with the causes of disadvantage by enhancing the capabilities of local communities and increasing social capital is likely to be a more effective and sustainable approach for partnerships, despite being a longer-term and more costly endeavour. (shrink)

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

This paper focuses on the issue of justice as a challenge facing business and society. I advance a simple deductive argument based on two premises. The first emerges out of theories of justice and holds that fairness, as a foundational basis for justice, demands impartiality or the avoidance of bias. The second emerges out of fiduciary law and holds that the duty of loyalty owed by managers to serve the interests of investors is fundamentally partial or biased. The conclusion is (...) the troubling fact that the fiduciary duty of loyalty owed by managers to serve the interests of investors appears to be incompatible with the demands of justice. Having presented this, I describe the impartiality tools of Rawls’ veil of ignorance and Adam Smith’s impartial spectator and discuss how these might be applied in this context. I speculate that while Smith’s impartial spectator is absolutely incommensurable with managers’ fiduciary duty of loyalty, Rawls’ veil of ignorance might be used to imagine a synthesis between this duty of loyalty and the impartiality demands of justice – in theory at least. And finally, as a parting shot, I wonder whether the real “Leadership Challenge that Matters” isn’t the gap between theory and reality. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core civil (...) liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

John Harsanyi and John Rawls both used the veil of ignorance thought experiment to study the problem of choosing between alternative social arrangements. With his ‘impartial observer theorem’, Harsanyi tried to show that the veil of ignorance argument leads inevitably to utilitarianism, an argument criticized by Sen, Weymark and others. A quite different use of the veil-of-ignorance concept is found in evolutionary biology. In the cell-division process called meiosis, in which sexually reproducing organisms produce gametes, the chromosome number is halved; (...) when meiosis is fair, each gene has only a fifty percent chance of making it into any gamete. This creates a Mendelian veil of ignorance, which has the effect of aligning the interests of all the genes in an organism. This paper shows how Harsanyi's version of the veil-of-ignorance argument can shed light on Mendelian genetics. There turns out to be an intriguing biological analogue of the impartial observer theorem that is immune from the Sen/Weymark objections to Harsanyi's original. View HTML Send article to KindleTo send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.SOCIAL JUSTICE, GENOMIC JUSTICE AND THE VEIL OF IGNORANCE: HARSANYI MEETS MENDELVolume 28, Issue 1Samir Okasha DOI: https://doi.org/10.1017/S0266267112000119Your Kindle email address Please provide your Kindle email.@free.kindle.com@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. SOCIAL JUSTICE, GENOMIC JUSTICE AND THE VEIL OF IGNORANCE: HARSANYI MEETS MENDELVolume 28, Issue 1Samir Okasha DOI: https://doi.org/10.1017/S0266267112000119Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. SOCIAL JUSTICE, GENOMIC JUSTICE AND THE VEIL OF IGNORANCE: HARSANYI MEETS MENDELVolume 28, Issue 1Samir Okasha DOI: https://doi.org/10.1017/S0266267112000119Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Psychopharmacological cognitive enhancements could lead to a higher quality of life of healthy individuals with lower cognitive capacities, but the current regulatory framework does not seem to enable access to this group. This article discusses why Sen’s Capability Approach could open up such access, while two other modern social justice theories – utilitarianism and Rawls’ Justice as Fairness – could not. In short, the utilitarian approach is proven to be inadequate, due to practical reasons and having a low chance of (...) real-world success. Rawls’ Justice as Fairness seems to be problematic because of conflicting stances that follow from his First Principle of Justice. The Capability Approach has the greatest chance of success in the context of these substances, because of arguments that can be identified under the banners of agency/self-respect and the way the public views those who take the capability path out of their poor situation. The article also discusses general and practical problems with psychopharmacological cognitive enhancement that should be addressed when writing new policy on this topic. (shrink)

Few have discussed Rawls's arguments for the value of democracy. This is because his arguments, as arguments that the principle of equal basic liberty should include democratic liberties, are incomplete. Rawls says little about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. And, at times, what he does say is unconvincing. My aim is to complete and, where they fail, to reconceive Rawls's arguments and to show that (...) a principle requiring equal political liberty and its fair value is an appropriate component of his theory of justice. (shrink)

G. A. Cohen was one of the most gifted, influential, and progressive voices in contemporary political philosophy. At the time of his death in 2009, he had plans to bring together a number of his most significant papers. This is the first of three volumes to realize those plans. Drawing on three decades of work, it contains previously uncollected articles that have shaped many of the central debates in political philosophy, as well as papers published here for the first time. (...) In these pieces, Cohen asks what egalitarians have most reason to equalize, he considers the relationship between freedom and property, and he reflects upon ideal theory and political practice. Included here are classic essays such as "Equality of What?" and "Capitalism, Freedom, and the Proletariat," along with more recent contributions such as "Fairness and Legitimacy in Justice," "Freedom and Money," and the previously unpublished "How to Do Political Philosophy." On ample display throughout are the clarity, rigor, conviction, and wit for which Cohen was renowned. Together, these essays demonstrate how his work provides a powerful account of liberty and equality to the left of Ronald Dworkin, John Rawls, Amartya Sen, and Isaiah Berlin. (shrink)

This paper offers a systematic reading of justice as fairness. By ‘systematic reading’ I mean an interpretation capable of presenting the rawlsian political conception as a coherent theoretical framework with all its stages of justification. I argue that the concept of point of view allows for this kind of interpretation. In the first part of this paper, I briefly discuss the difficulties of obtaining a comprehensive understanding of justice as fairness from some proposals previously set forth in the literature. In (...) the second part, I make a formal definition of the concept of point of view and expound the main points of view in justice as fairness. Finally, I set out in detail what I will call here ‘Rawls’s point of view’, the starting point of justice as fairness. (shrink)

Modern society makes extensive use of automated algorithmic decisions, fueled by advances in artificial intelligence. However, since these systems are not perfect, questions about fairness are increasingly investigated in the literature. In particular, many authors take a Rawlsian approach to algorithmic fairness. This article aims to identify some complications with this approach: Under which circumstances can Rawls’s original position reasonably be applied to algorithmic fairness decisions? First, it is argued that there are important differences between Rawls’s original position and a (...) parallel algorithmic fairness original position with respect to risk attitudes. Second, it is argued that the application of Rawls’s original position to algorithmic fairness faces a boundary problem in defining relevant stakeholders. Third, it is observed that the definition of the least advantaged, necessary for applying the difference principle, requires some attention in the context of algorithmic fairness. Finally, it is argued that appropriate deliberation in algorithmic fairness contexts often require more knowledge about probabilities than the Rawlsian original position allows. Provided that these complications are duly considered, the thought-experiment of the Rawlsian original position can be useful in algorithmic fairness decisions. (shrink)

How is the ethically unacceptable persistence of the unnecessary suffering of extraordinarily poor street children in extraordinarily rich European Union capital cities to be durably remedied? Perhaps centrally, this philosophical essay argues, by re-articulating current inadequate understandings in the European Union of social injustice not as an absence of solidarity but as the failure to imagine and to act on "mutualities." First presented in 2011 as invited lectures for the Institute of European Studies of the Jagiellonian University in Krakow, this (...) extended reflection explores four central elements of the empirical situations of such extreme child poverty amid great affluence in the contexts of a progressively developed case study of destitute street children in Paris. The essay focuses successively on such utterly destitute children's poor health, poor housing, poor food, and poor education. In each case, outstanding contemporary philosophical reflections on violations of social justice - those of J. Rawls, A. Sen, R. Dworkin, and J. Habermas - are found to be deeply suggestive but finally insufficient for understanding such legally and morally intolerable situations. Yet each may be interpreted as contributing substantively to a progressive re-articulation of at least four critical elements of what a renewed idea of social justice in the European Union tomorrow must involve - "mutualizations" of fairness, understanding, respect, and articulacy. (shrink)

In this paper, I will argue that Rawls’s duty of assistance offers an incomplete picture of our international social and economic responsibilities. I will start by presenting the two main interpretations of the ‘Rawlsian circumstances of egalitarian distributive justice’ – the first requiring the existence of a ‘certain kind’ of cooperation, the second the existence of a ‘certain kind’ of interaction with the will – and then show that none of them rules out the applicability of international principles of egalitarian (...) distributive justice. My argument will draw on societies’ participation in the World Trade Organisation (WTO). So, in the second section I will show that even though this organization is not endowed with a centralized coercive authority, its participants are asked to accept significant constraints on their behaviour and are therefore owed a special justification for these constraints. I will also suggest that the alleged voluntariness of this organization may not only be contested (especially when developing societies are involved), but may also not be sufficient to rule out requirements of distributive equality. In the third section, I will show that, as any system of cooperation, the WTO gives rise to requirements of fairness and that, given the purpose it claims to serve, not all inequalities that can be traced back to so-called ‘domestic’ factors can be considered justified. More specifically, I will argue that the fairness of the WTO requires that all its participants be given a fair chance of benefiting from global market competitions, and that this is likely to entail significant egalitarian distributive duties among societies. (shrink)

Two years before the opening of the Paralympic Games in London in 2012, the British TV network Channel 4 launched a campaign called Freaks of Nature. As part of the campaign they produced the short film Meet the Superhumans by director Tom Tagholm. The film became an immediate success, but was also criticised for portraying the Paralympians as ‘freaks’ and for reducing the Paralympics to a ‘freak show’. But was it wrong to describe the Paralympics as a ‘freak show’? Is (...) there even a point of using the term ‘freak show’ in relation to sports? There might be, and that is what I am discussing in this paper. To be more specific, I am proposing that the term ‘freak show’ can challenge and destabilise common aesthetic views in sport, simply by the adding of abject dimensions to the athletic performances. From this one can claim that the Paralympics reconnects to the freak show-tradition of the past. And that, in itself, can have a moral and political impact. (shrink)

G. A. Cohen was one of the most gifted, influential, and progressive voices in contemporary political philosophy. At the time of his death in 2009, he had plans to bring together a number of his most significant papers. This is the first of three volumes to realize those plans. Drawing on three decades of work, it contains previously uncollected articles that have shaped many of the central debates in political philosophy, as well as papers published here for the first time. (...) In these pieces, Cohen asks what egalitarians have most reason to equalize, he considers the relationship between freedom and property, and he reflects upon ideal theory and political practice.Included here are classic essays such as "Equality of What?" and "Capitalism, Freedom, and the Proletariat," along with more recent contributions such as "Fairness and Legitimacy in Justice," "Freedom and Money," and the previously unpublished "How to Do Political Philosophy." On ample display throughout are the clarity, rigor, conviction, and wit for which Cohen was renowned. Together, these essays demonstrate how his work provides a powerful account of liberty and equality to the left of Ronald Dworkin, John Rawls, Amartya Sen, and Isaiah Berlin. (shrink)

This paper discusses the predicament of Oscar Pistorius. He is a Paralympic gold medallist who wishes to participate in the Olympics in Beijing in 2008. Following a brief introductory section, the paper discusses the arguments that could be, and have been, deployed against his participation in the Olympics, should he make the qualifying time for his chosen event (400m). The next section discusses a more hypothetical argument based upon a specific understanding of the fair opportunity rule. According to this, there (...) may be a case for allowing Pistorius to compete even if he should fail to make the official qualifying time. The final part of the paper reviews the situation at the time of writing and offers some assessment of the strategy of the IAAF in responding to it. It is argued below that the proper focus for assessment of Pistorius's eligibility to compete should not be on whether his blades lead to his having an unfair advantage over his competitors, but instead should focus on whether what he does counts as running. (shrink)

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

Polish edition and translation in preparation for the Polish Academic Press [PWN] for their series on contemporary philosophy classics [Biblioteka Współczesnych Filozofów].

Addressing both collegiate and professional sports, the updated edition of Fair Play explores the ethical presuppositions of competitive athletics and their ...