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)

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

Truth Be Told explains how truth and falsity result from relations that sentences and their constituents have to the circumstances at which they are evaluated. It offers a precise analysis of truth and a diagnosis of the Liar paradox. Current semantic theory employs generalized quantifiers as the extensions of noun phrases. The book provides simpler extensions for noun phrases. These permit intuitive compositions of truth-values and a diagnosis of the Liar and Grelling paradoxes.

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, (...) the need for the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

Frege’s claim that proper names have senses has come to seem untenable following Kripke’s argument that names are rigid designators. It is commonly thought that if names had senses, their referents would vary with circumstances of evaluation. The article defends Frege’s claim by arguing that names have word-reflexive senses. This analysis of names’ senses does not violate Kripke’s noncircularity condition, and it differs crucially from related views of Bach and Katz. That names have reflexive senses confirms Frege’s own solution to (...) his puzzle about the content of identity sentences, solves Kripke’s Pierre and Peter puzzles about belief ascription, and entails that bearerless names have meanings. Furthermore, names’ having reflexive senses explains why they designate rigidly. (shrink)

Theoreticians of names are currently split into two camps: Fregean and Millian. Fregean theorists hold that names have referent-determining senses that account for such facts as the change of content with the substitution of co-referential names and the meaningfulness of names without bearers. Their enduring problem has been to state these senses. Millian theorists deny that names have senses and take courage from Kripke's arguments that names are rigid designators. If names had senses, it seems that their referents should vary (...) among possible worlds. However, the Millians have the enduring problem of explaining the apparent cognitive content of names. I argue that Mill's original theory, when purged of confusion, provides word-reflexive senses for names. Frege failed to notice senses of this particular sort. Moreover, it is these senses that account for names' rigid designation. When the views of Mill and Frege are understood as complementary, the problems that have faced the divided theorists of names vanish. (shrink)

This book explicitly addresses policy options in a democratic society regarding cognitive enhancement drugs and devices. The book offers an in-depth case by case analysis of existing and emerging cognitive neuroenhancement technologies and canvasses a distinct political neuroethics approach. The author provides an argument on the much debated issue of fairness of cognitive enhancement practices and tackles the tricky issue of how to respect preferences of citizens opposing and those preferring enhancement. The author persuasively argues the necessity of a laws (...) and regulations regarding the use of cognitive enhancers. He also argues that the funds for those who seek cognitive enhancement should be allocated free of charge to the least advantaged. The work argues that the notion of autonomy has been mistakenly associated with the metaphysical concept of free will, and offers a political definition of autonomy to clarify how responsibility is implicitly grounded in the legal and political system. As such, this book is an essential read for everyone interested in neuroethics, and a valuable resource for policy makers, as well as scholars and students in philosophy, law, psychiatry and neuroscience. (shrink)

In the course of that critical study he discusses the work of many of the most influential lawyers and philosophers of the era, including Isaiah Berlin, Richard ...

In each of these areas, he reviews the contributions of earlier care theorists and then extends their arguments to provide a more complete description of the ...

Situating medical and scientific research within a framework or theory of social justice is long overdue. Attempting to extend principles of research ethics beyond the clinic and lab to other affected people or consequences tolerates or obfuscates injustice. While it must be done, the timescales, methodologies, and commitment to real-world impact are quite different in research ethics versus political philosophy.

Today’s globalized economy cannot be governed by legal strictures alone. A combination of self-interest and regulation is not enough to avoid the recurrence of its systemic crises. We also need virtues and a sense of corporate responsibility in order to assure the sustained success of the global economy. Yet whose virtues shall prevail in a pluralistic world? The moral theory of Thomas Aquinas meets the present need for a business ethics that transcends the legal realm by linking the ideas of (...) justice and virtue in an ingenious way. While allowing for, and incorporating, the specificities of region and religion, industry and culture, Thomas’s virtue theory coordinates private and public activities through a set of context-invariant, justice-oriented norms with conceptual appeal to contemporary questions of global business ethics.In our article, we first sketch how Aquinas’s theory can be also of relevance to a non-confessional audience through its appeal to the ‘natural light of reason.’ Then we explain how his theory of ‘natural law’ aligns his ideas of virtue and justice. From this vantage point, we address the tension between cultural diversity and moral uniformity in the economic sphere in general and in today’s globalized business world in particular. Throughout the article, we aim to show that by interpreting the virtue-dimension of business in light of the idea of social justice, Aquinas’s conception of virtuous business conduct gains inter-personal and inter-cultural validity that establishes social justice as the global virtue of business. (shrink)

This paper is a revised version of the Royal Institute of Philosophy’s Annual Lecture, 2016. It discusses the demands of critical reasoning in ethical arguments, and focuses in particular on the assessment of justice. It disputes the belief that reasoning about choice remains unfinished until an optimal alternative has been identified. A successful closure of a reasoning may identify a maximal alternative, which is not judged to be worse than any other available option. A maximal alternative need not (...) be optimal in the sense of being ‘best’. Critically sound reasoning can lead us to a partial ordering yielding a maximal alternative that is not optimal. The compulsive search for an optimal alternative needlessly limits the reach of reasoning in ethics. (shrink)

The text includes fragments of his work that have never before been translated.

In this paper, we argue that the Epicurean genealogy of justice and laws presuppose an analysis of the just as a modality of the useful, an approach that denies the conventional character of justice. This genealogical pattern differentiates the origin of justice from that of the law and refers to friendship as a relevant explanatory factor of the origin of justice. We maintain that the interpretations that underline the incoherence of this reference to friendship, in the (...) framework of a hedonistic theory, presuppose a non-Epicurean sharp distinction between altruism and selfishness. (shrink)

With the demise of Marxism and socialism, the United States is becoming a model not merely for free enterprise, but also for employment practices worldwide. I believe that free enterprise is the least worst economic system, given the alternatives, a position I shall assume, but not defend, here. However, I shall argue, a successful free enterprise political economy does not entail mimicking US employment practices. I find even today in 1998, as I shall outline in more detail, these practices, when (...) consistently carried out, by and large erode trust in the workplace, they are, on balance unfair to workers and managers, and, if Jeffrey Pfeffer is correct, they do not maximize long-term corporate earnings or growth. Getting clear on US employment practices and their weaknesses may help to shape other models for employment that neither contravene free enterprise nor are degrading to workers. (shrink)

John Rawls based his theory of justice, in the work of that name, on a ‘Kantian interpretation’ of the status of human beings as ‘free and equal’ persons. In his subsequent, ‘political rather than metaphysical’ expositions of his theory, the conception of citizens of democracies as ‘free and equal’ persons retained its foundational role. But Rawls appealed only to Kant’s moral philosophy, never to Kant’s own political philosophy as expounded in his 1797 Doctrine of Right in theMetaphysics (...) of Morals. I argue here that the structure of Kant’s political philosophy, with its categories of the innate right to freedom, private acquired right and public right, can clarify the relationship between Rawls’s two principles of justice and his scheme of basic liberties and primary goods. (shrink)

In this fascinating exploration of justice, eminent philosopher D. D. Raphael presents the culmination of a lifetime's study of its evolution, from ancient times to the late twentieth century. His aim is not just historical but philosophical: to illuminate our true understanding of justice. His unique approach examines not only classic texts by such philosophers as Plato, Aristotle, Hume, Mill, and Rawls but also the Bible and Greek tragedy, as well as some neglected but important thought from the (...) modern era. Lucid and stimulating, this work can be enjoyed by anyone interested in moral and political thought, even by those with little to no knowledge of political theory or philosophy. (shrink)

In A Theory of Justice, Rawls attempts to ground intergenerational justice by "virtual representation" through a thickening of the veil of ignorance. Contractors don't know to what generation they belong. This approach is flawed and will not result in the just savings principle Rawls hopes to justify. The project of grounding intergenerational duties on a social contractarian foundation is misconceived. Non-overlapping generations do not stand in relation to one another that is central to the contractarian approach.

This article introduces an intuitive conservation dilemma called the Canyon Dilemma: Is it possible to condemn the mining of the Grand Canyon, even by a poor generation, while also permitting this generation’s mining of an unremarkable small canyon? It then argues that not one of several prominent theories of environmental justice, including various forms of egalitarianism, welfarism, deep-ecological theories, communitarianism and free-market environmentalism, can navigate this dilemma. The article concludes by highlighting the dilemma-navigating potential of the equal-claims idea – (...) the idea that the natural world is something to which every human being, present and future, has an equal, substantive claim. (shrink)

This book is a rebuttal of the common charge that the moral doctrine of utilitarianism permits horrible acts, justifies unfair distribution of wealth and other social goods, and demands too much of moral agents. Bailey defends utilitarianism by applying central insights of game theory regarding feasible equilibria and evolutionary stability of norms to elaborate an account of institutions that real-world utilitarians would want to foster. With such an account he shows that utilitarianism, while still a useful doctrine for criticizing existing (...) institutions, is far more congruent with ordinary moral common sense than has been generally recognized. A controversial attempt to support the practical use of utilitarian ethics in a world of conflicting interests and competing moral agents, Bailey's work uniquely bridges the abstract debate of philosophers and the practical, consequence-based debates of political scientists. (shrink)

Hannah Arendt’s concept “the banality of evil” was subverted by Bettina Stangneth’s recent research. But with the concept of the banality of evil, the inherent continuity of her “radical evil,” Arendt enriched the discourse of evil which allows us to gain insight into the relationship between evil and ordinary human beings. At the same time, Arendt also raised the question about law, ethics and politics when evil was put to justice. In fact, what she cares about, is justice (...) to everyone; what she wants is to understand the evil and to make her own critical thinking about it. (shrink)

Hume argues that respect for property (“justice”) is a convention-dependent (“artificial”) virtue. He does so by appeal to a principle, derived from his virtue-based approach to ethics, which requires that, for any kind of virtuous action, there be a “first virtuous motive” that is other than a sense of moral duty. It has been objected, however, that in the case of justice (and also in a parallel argument concerning promise-keeping) Hume (i) does not, (ii) should not, and (iii) (...) cannot recognize such a motive. This paper defends Hume’s argument against these three objections. (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)

This book explores Levinas's rethinking of the meaning of ethics, justice and the human from a position that affirms but goes beyond the anti-humanist philosophy of the twentieth century.

In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims (...) to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial. (shrink)

This paper examines two central arguments raised by feminist theorists against the coherence and consistency of political liberalisms, a recent recasting of liberal theories of justice. They argue that due to political liberalisms' uncritical reliance on a political/personal distinction, they permit the institution of the family to take sexist and illiberal forms thus undermining its own aims and political project. Political liberalisms' tolerance of a wide range of family forms result in two fatal inconsistences. Firstly, it retards or completely (...) prevents women from developing the necessary political sense of self required for citizenship, and secondly, it prevents children from acquiring the requisite political virtues and sense of justice necessary for the viability and long-term stability of such a society. In the paper, I argue that despite their initial appeal these feminist criticisms are not compelling. Firstly, they misunderstand what political liberalisms mean by unjust family forms, secondly, they trade on a misunderstanding of the political/personal distinction and, finally, they make questionable empirical claims about the effects of the illiberal family on a viable political conception of justice. (shrink)

Research Articles Steven Wall, Social Philosophy and Policy, FirstView Article.

Australasian Journal of Philosophy, Volume 90, Issue 2, Page 407-410, June 2012.

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and (...) unwritten laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)