Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas Nagel. Otsuka's libertarianism (...) is founded on a right of self-ownership. Here he is at one with 'right-wing' libertarians, such as Robert Nozick, in endorsing the highly anti-paternalistic and anti-moralistic implications of this right. But he parts company with these libertarians in so far as he argues that such a right is compatible with a fully egalitarian principle of equal opportunity for welfare. In embracing this principle, his own version of left-libertarianism is more strongly egalitarian than others which are currently well known. Otsuka argues that an account of legitimate political authority based upon the free consent of each is strengthened by the adoption of such an egalitarian principle. He defends a pluralistic, decentralized ideal of political society as a confederation of voluntary associations. Part I of Libertarianism without Inequality concerns the natural rights of property in oneself and the world. Part II considers the natural rights of punishment and self-defence that form the basis for the government's authority to legislate and punish. Part III explores the nature and limits of the powers of governments which are created by the consensual transfer of the natural rights of the governed. Libertarianism without Inequality is a book which everyone interested in political theory should read. (shrink)

We critically examine Denis Walsh’s latest attack on the causalist view of fitness. Relying on Judea Pearl’s Sure-Thing Principle and geneticist John Gillespie’s model for fitness, Walsh has argued that the causal interpretation of fitness results in a reductio. We show that his conclusion only follows from misuse of the models, that is, (1) the disregard of the real biological bearing of the population-size parameter in Gillespie’s model and (2) the confusion of the distinction between ordinary probability and Pearl’s causal (...) probability. Properly understood, the models used by Walsh do not threaten the causalist view of fitness. (shrink)

We discuss two leading theories of distributive justice: egalitarianism and prioritarianism. We argue that while each has particular merits and shortcomings, egalitarian views more fully satisfy a key requirement of distributive justice: respect for both the unity of the individual and the separateness of persons.

In Otsuka ( 1998 ), I endorse an incompatibilist Principle of Avoidable Blame. In this rejoinder to Fischer and Tognazzini ( 2009 ), I defend this principle against their charge that it is vulnerable to Frankfurt-type counterexample.

Most deontologists find bedrock in the Pauline doctrine that it is morally objectionable to do evil in order that good will come of it. Uncontroversially, this doctrine condemns the killing of an innocent person simply in order to maximize the sum total of happiness. It rules out the conscription of a worker to his or her certain death in order to repair a fault that is interfering with the live broadcast of a World Cup match that a billion spectators have (...) been enjoying. It rules out such sacrifice even if it would maximize the sum total of everyone's happiness. An act utilitarian, by contrast, would require the sacrifice of the one whenever this latter condition obtains, since such a utilitarian is committed to the view that one ought always to act so as to bring about the greatest sum total of happiness. An act utilitarian might, however, consistently hold that a large number of rather insignificant pleasures, such as that which a spectator derives from witnessing men in shorts running around and kicking a ball, is never sufficient to justify the infliction of a great harm on a single individual. 4 He might take such a position without abandoning utilitarianism by denying that the sum total of such minor pleasures could ever be sufficiently great to outweigh the harm of death to the one. Under the inspiration of John Stuart Mill, a utilitarian might draw a more general distinction between serious and trivial harms and pleasures and maintain that no amount of a trivial pleasure could ever amount to a sum of happiness that is greater than the disutility of a serious harm. (shrink)

We argue that there is a marked shift in the moral weight of an increment in a person's well-being when one moves from a case involving only intra-personal trade-offs to a case involving only inter-personal trads-offs. This shift, we propose, is required by the separateness of persons. We also argue that the Priority View put forward by Parfit cannot account for such a shift. We also outline two alternative views, an egalitarian view and a claims-based view, that can account for (...) this shift. (shrink)

ABSTRACT I believe that the first correspondence I received from Hillel Steiner was an email in 1998 in which he generously praised a recently-published article of mine and added: ‘I hope it’s not presumptuous of me to say “Welcome to the wonderful world of left-libertarianism!”’ The piece (Otsuka 1998) that prompted this unpresumptuous welcome was left-libertarian in spirit, as it was an attempt to reconcile self-ownership with equality. I was not yet convinced, however, that I was a left-libertarian, so (...) it was not clear at the time whether my exploration of this world was as a curious and sympathetic visitor or as someone who had just begun a period of permanent residency. It turned out to be the latter, and Hillel deserves much of the credit for my settlement in this world that he had himself rediscovered in the 1970s and elegantly reshaped during the past three decades through his essays that lead up to, constitute, and develop and extend his marvellous Essay on Rights (Steiner 1994). (shrink)

The central role of mathematical modeling in modern evolutionary theory has raised a concern as to why and how abstract formulae can say anything about empirical phenomena of evolution. This Element introduces existing philosophical approaches to this problem and proposes a new account according to which evolutionary models are based on causal, and not just mathematical, assumptions. The novel account features causal models both as the Humean 'uniform nature' underlying evolutionary induction and as the organizing framework that integrates mathematical and (...) empirical assumptions into a cohesive network of beliefs that functions together to achieve epistemic goals of evolutionary biology. (shrink)

An argument against Parfit's view (in his chapter of Reasons and Persons on five mistakes in moral mathematics) that, rather than maximizing the difference one makes as an individual, one should join that group whose members together make the most positive difference in cases involving imperceptible benefits. It is shown how Parfit's defence of this view has the problematic implication either (1) that each outcome is less beneficial than itself or (2) that "less beneficial than" is not transitive.

In the Trolley Case (Figure 1), as devised by Philippa Foot and modified by Judith Jarvis Thomson, a runaway trolley (i.e. tram) is headed down a main track and will hit and kill five unless you divert it onto a side track, where it will hit and kill one.

Journal of Philosophy of Education, EarlyView.

Journal of Philosophy of Education, EarlyView.

first, i would like to thank the respondents for their thoughtful and generous response to my book. I have found myself challenged by their observations, I have learned from them, and I have been stimulated to new thoughts of my own. Second, I would like to make a more substantive point, which is intended to frame the remarks that follow. I would like to say that translation is not understood well if it is thought of simply as linguistic exchange. All (...) the respondents have taken this on board, but it is worth reaffirming as it is so easily overlooked.Jim Garrison’s inclination in response to my book is to defend Dewey specifically against my claim that there is an absence of existential disturbance or discord in... (shrink)

This article explores the possibilities of the antifoundationalist thought of Cavell with a particular focus on his idea of chance in aesthetic experience, as a framework through which to destabilize the prevailing discourse of education centering on freedom and control. I try to present the idea of chance in a particular way, which does not identify it with chaos or limitlessness but takes it rather as a condition of meaning-making, and more generally of a perfecting of culture, of a conscientious (...) sense of its further possibility and betterment. In Cavell's perfectionism, our aesthetic life models our political life, and such life requires our constant reengagement with our language. The cultural criticism this entails is to be understood not in merely negative terms but as itself a process of renewal. The interrelationship between the aesthetic, the political and language is at the heart of Cavellian education for self-knowledge, where this is understood as a matter of self-criticism. It connects, there.. (shrink)

I thank the members of the Law and Philosophy Discussion Group in Los Angeles and those who attended a talk sponsored by the philosophy department at New York University, where I presented earlier versions of this paper. I would also like to thank G. A. Cohen, Stephen Munzer, Seana Shiffrin, Peter Vallentyne, Andrew Williams, and the editors of Philosophy & Public Affairs, who read and provided written commentary on earlier drafts.

How to Pool Risks across Generations makes the case for the collective provision of pensions, on fair terms of social cooperation. Through the insurance of a mutual association which extends across society and over multiple generations, we share one another's fates by pooling risks across both space and time. Resources are transferred, not simply between different people, but also within the possible future lives of each person: from one's more fortunate to one's less fortunate future selves. The book opens with (...) an investigation of the longevity and investment risk that even a single individual on a desert island would face in providing for her old age. From this atomistic starting point, it builds up, within and across the chapters, to increasingly collective forms of pension provision. By joining together, it is possible to tame the risks we would face as individuals each with our own private pension pot. A collective pension can be justified as a 'social union of social unions': an enduring corporate body, which is formed by agreements to pool risks, in a manner that involves reciprocity between the various individuals that constitute the collective. Even though all individuals age and die, a collective pension scheme remains evergreen, as the average age of members remains relatively unchanged, through the influx of new members to replace those who retire. It is therefore possible to smooth risks indefinitely across as well as within generations, to the mutual advantage of each. (shrink)

I presented an earlier version of this paper to the Law and Philosophy Discussion Group in Los Angeles, whose members I would like to thank for their comments. In addition, I would also like to thank the following people for reading and providing written or verbal commentary on earlier drafts: Robert Mams, Rogers Albritton, G. A. Cohen, David Copp, Matthew Hanser, Craig Ihara, Brian Lee, Marc Lange, Derk Pereboom, Carol Voeller, and the Editors of Philosophy & Public Affairs. I owe (...) special thanks to Timothy Hall and Seana Shiffnn for their insightful and helpful comments. (shrink)

In the practice of education and educational reforms today ‘meritocracy’ is a prevalent mode of thinking and discourse. Behind political and economic debates over the just distribution of education benefits, other kinds of philosophical issues, concerning the question of democracy, await to be addressed. As a means of evoking a language more subtle than what is offered by political and economic solutions, I shall discuss Ralph Waldo Emerson's idea of perfectionism, particularly his ideas of the ‘gleam of light’ and ‘genius’, (...) as an alternative mode of thinking of human power. Through this Emersonian lens, a provocative shift will be made from meritocracy and ‘mediocracy’ to aristocracy. Emersonian aristocracy destabilizes balanced measures and prevailing discourse about fairness and justice, and makes us reconsider how to achieve a just society in democracy. As an educational implication, I shall propose the idea of citizenship without inclusion—a vision of education for a democratic society in which we learn to live as and with the Great Man. (shrink)

This book takes Stanley Cavell's much-quoted, yet enigmatic phrase as the provocation for a series of explorations into themes of education that run throughout his work - through his response to Wittgenstein, Austin and ordinary language ...

English version of: "Il personale e politico? Il confine fra pubblico e privato nella sfera della giustizia distributiva." --- Italian text published in Carter, Ian, Otsuka, Michael and Trincia, Francesco Saverio Discussione su "If You're an Egalitarian, How Come You're So Rich?" di G.A. Cohen. Iride, XIV. pp. 609-634. ISSN 1122-7893.

In the name of efficiency, the practice of education has come to be dominated by neoliberal ideology and procedures of standardization and quantification. Such attempts to make all aspects of practice transparent and subject to systematic accounting lack sensitivity to the invisible and the silent, to something in the human condition that cannot readily be expressed in an either-or form. Seeking alternatives to such trends, Saito reads Dewey’s idea of progressive education through the lens of Emersonian moral perfectionism (to borrow (...) a term coined by Stanley Cavell). She elucidates a spiritual and aesthetic dimension to Dewey’s notion of growth, one considerably richer than what Dewey alone presents in his typically scientific terminology. (shrink)

'Moral luck' refers to the phenomenon whereby one's degree of blameworthiness for what one has done varies on account of factors beyond one's control. Applying concepts of Dworkin's from the domain of distributive justice, I draw a distinction between 'option moral luck,' which is that to which one has exposed oneself as the result of one's voluntary choices, and 'brute moral luck,' which is that which is unchosen and unavoidable. I argue that option moral luck is not ruled out on (...) grounds of unfairness. I also offer a non-fairness-based rejection of brute moral luck and defense of option moral luck. (shrink)

The aim of this article is to refute Ronald Dworkin's claim that the provision of an equal opportunity to insure against risks is sufficient to render differences in people's circumstances that are the result of luck consistent with his theory of equality of resources. Section I addresses bad luck in the circumstances of individuals in the form of mental or physical incapacitation resulting from the vicissitudes of nature. Section II addresses bad luck which is the result of the choices of (...) other individuals to give or bequeath. (shrink)

This study examined the ability to comprehend conventional and non-conventional implicatures, and the effect of proficiency and learning context on comprehension of implicature in L2 Chinese. Participants were three groups of college students of Chinese: elementary-level foreign language learners, advanced-level foreign language learners, and advanced-level heritage learners. They completed a 36-item computer-delivered listening test measuring their ability to comprehend three types of implicature: conventional indirect refusals, conventional indirect opinions, and non-conventional indirect opinions. Comprehension was analyzed for accuracy and comprehension speed. (...) There was a significant effect of implicature type on accuracy, but not on comprehension speed. A significant effect of participant group was observed on accuracy, but the effect was mixed on comprehension speed. (shrink)

This chapter provides a defense of a type of occupational pension, known as “collective defined contribution”, which is based on the idea that it is possible to limit the employer’s liability to nothing more than a set contribution while retaining many of the benefits of the collectivization of risks of a traditional defined benefit pension. CDC can be defended against a freedom-based objection from the right via an appeal to the following Hobbesian voluntarist justification: CDC constitutes a “Leviathan of Leviathans” (...) into which it is rational for workers to choose to associate in order to tame longevity and investment risks. CDC pensions that arise from and mirror existing income inequalities can also be defended against an egalitarian objection from the left, by demonstration that they can be grounded in Rawlsian principles of reciprocity and property-owning democracy. (shrink)

I propose that liberal egalitarians and libertarians can find common ground in support of an unfamiliar means of forcing well off individuals to come to the assistance of the least well off. Such means would not, as is typically the case, involve the taxation of the income of all well off individuals. Rather, assistance would be provided by the taxation of only those well off individuals who have been properly convicted of performing justifiably criminalized acts that they had no right (...) to commit. In Section I, I argue that many liberal egalitarians will discover that a strong case can be made for the taxation of only the unjust, since such a scheme would mitigate the objectionable nature of the coercion that must be applied in order to provide for the least well off. In Section II, I argue that libertarians who reject standard schemes of redistributive taxation will not also be able to resist the case for taxation of the unjust. In Section III, I defend taxation of the unjust against the objection that it would call for punishment in excess of what justice permits. (shrink)

Considers those circumstances in which self‐ownership and equality cannot be reconciled in the manner proposed in Chapter 1. Argues that, in such circumstances, liberal egalitarians and libertarians can find common ground in support of provision for the disabled by means of the coercive taxation of only those able‐bodied individuals who have committed crimes.

Offers a reconstruction of John Locke's voluntaristic theory of legitimate political authority with the aim of overcoming the following two problems with tacit consent via residence: that it fails to bind either because it is unfreely given or because it is offered in circumstances of inequality. Builds on the author's defence in Ch. 1 of an egalitarian version of the Lockean proviso to remedy these problems and endorses a highly voluntaristic, pluralistic, and decentralized account of legitimate political authority.

Considers the merits of the Locke‐inspired Jeffersonian idea that laws enacted by those who once lived in one's country but are now dead have no authority over the living and hence should lapse unless they are reaffirmed by a democratic majority vote of the living. Considers and rejects consequentialist, communitarian, and Madisonian attempts to justify the authority of the dead over the living. Draws on Ch. 5 to propose and endorse an account based on unanimous Lockean consent of how the (...) laws of the dead can legitimately bind the living. (shrink)

Contemporary scenes of democracy and education exemplify a real scepticism about the point of political participation, and by implication about one's place in society in relation to others. What is called for is a recovery of desire per se ? of people's desire to say what they want to say and their desire to participate in the creation of the public. In response, this article examines Stanley Cavell's ordinary language philosophy. The way he reconstructs philosophy from the perspective of ordinary (...) language provides us with an alternative route to citizenship. Cavell's philosophy is turned towards our existential need to recover political passion, the mainspring of a desire to think that affirms humanity as necessarily political. And in the end this existential need dovetails with the need of the polis: that people speak in their own voice. That, I shall conclude, must be the basis of education for citizenship and political literacy. (shrink)

フランス学研究者棚沢直子の思想はいかに形成されたか。その思想の構成要件とはなにか。.

Some are blameless for posing a threat to the live of another because they are not morally responsible for being a threat. Others are blameless in spite of their responsibility. On what has come to be known as the "moral responsibility account" of liability to defensive killing, it is such responsibility, rather than blameworthiness, for threatening another that renders one liable to defensive killing. Moreover, one's lack of responsibility for being a threat grounds one's nonliability to defensive killing. In "Killing (...) the Innocent in Self-Defense" (1994), I offered an early formulation and defense of such an account. In Section I of this chapter, I renew my defense of the claim that it is impermissible to kill a passive nonresponsible threat in self-defense. In Section II, I renew my defense of the claim that it is permissible to kill a blameless but morally responsible threat in self-defense. (shrink)

I argue that the Lockean 'enough and as good' proviso provides support for egalitarian as opposed to libertarian or sufficientarian claims over worldly resources. These egalitarian claims apply to contemporary advanced industrial societies with money-based economies as well as primitive agrarian barter economies. But the full 'luck egalitarian' complement of equality of opportunity for welfare cannot be derived from a Lockean approach that focuses on our egalitarian claims to unowned bits of the world. For that, we need to reach beyond (...) Locke, and appeal to complaints of unfairness that have nothing in particular to do with our claims to worldly resources. (shrink)

Rawlsian justice as fairness is neither fundamentally luck egalitarian nor relational egalitarian. Rather, the most fundamental idea is that of society as a fair system of cooperation. Collective pensions provide a case study which illustrates the fruitfulness of conceiving justice in these latter terms. Those who have recently reached the age of majority do not now know how long they will live in retirement or how well any investments they try to save up for their retirement would fare. From the (...) perspective of the beginning of their working lives, it is therefore rational for each to enter into an agreement with others, who also do not yet know their fates, that, if one turns out to be among the unfortunate whose private pension pots would not have yielded enough for one’s retirement, one will receive much more in retirement, whereas those whose pension pots would have overflowed their retirements will receive somewhat less. These terms are to each person’s expected advantage, which is made possible by a fair sharing of the fruits of social cooperation which arise through the efficiencies reaped by the pooling of the risk of outliving what one could save for one’s retirement on one’s own. It is rational for each to agree to share one another’s fates by pooling risks across both space and time, on fair terms of social cooperation for mutual advantage. Even when collective pensions arise from, and are proportional to, a baseline of unequal income, they can be defended on grounds of reciprocity involving regard for one another as equals. (shrink)

This book explores the idea of translation as a philosophical theme and as an important feature of philosophy and practical life, in the context of a searching examination of aspects of the work of Stanley Cavell. Furthermore it demonstrates the broader significance of these philosophical questions for education and life as a whole.

I argue that prioritarianism cannot be assessed in abstraction from an account of the measure of utility. Rather, the soundness of this view crucially depends on what counts as a greater, lesser, or equal increase in a person’s utility. In particular, prioritarianism cannot accommodate a normatively compelling measure of utility that is captured by the axioms of John von Neumann and Oskar Morgenstern’s expected utility theory. Nor can it accommodate a plausible and elegant generalization of this theory that has been (...) offered in response to challenges to von Neumann and Morgenstern. This is, I think, a theoretically interesting and unexpected source of difficulty for prioritarianism, which I explore in this article. (shrink)

For a prioritarian by contrast to a utilitarian, whether a certain quantity of utility falls within the boundary of one person's life or another's makes the following moral difference: the worse the life of a person who could receive a given benefit, the stronger moral reason we have to confer this benefit on this person. It would seem, therefore, that prioritarianism succeeds, where utilitarianism fails, to ‘take seriously the distinction between persons’. Yet I show that, contrary to these appearances, prioritarianism (...) fails, in ways strikingly parallel to those in which utilitarianism fails, to take this distinction seriously. In so doing, I draw on and develop an earlier critique of prioritarianism by disentangling and pressing two distinct separateness-of-persons objections offered there. One objection is that prioritarianism is insensitive to ‘prudential justifications’. The other is that it is insensitive to the competing claims of different individuals. (shrink)