Compromises are arrived at when, in spite of the efforts of those participating to mediate and defend their position in a rationally acceptable manner, each remains with his judgment while, at the same time, a decision must be made without further delay. What this means is that the parties agree to an option about which they are not, in their heart of hearts, entirely convinced. This article examines the notion of moral compromise, concentrating thereby on the case of political praxis. (...) It asks whether, in view of the complexity and multiplicity of morally relevant decisions encountered in a pluralist society, it is at all realistic to expect much else from political institutions than what Rawls dismissively refers to as a modus vivendi and whether a conception of justice that is true or reasonable only given the reasonable pluralism of comprehensive doctrines is still a conception of justice, and not simply a compromise between the contending doctrines. (shrink)

Offers a compelling vision of how to achieve and conduct a liberal but democratic society through the ideal of Neutrality--between people and ideas of the good--and using the tool of Neutral dialogue.

The adversarial legal system is traditionally praised for its normative appeal: it protects individual rights; ensures an equal, impartial, and consistent application of the law; and, most importantly, its competitive structure facilitates the discovery of truth – both in terms of the facts, and in terms of the correct interpretation of the law. At the same time, legal representation is allocated as a commodity, bought and sold in the market: the more one pays, the better legal representation one gets. In (...) this article, I argue that the integration of a market in legal representation with the adversarial system undercuts the very normative justifications on which the system is based. Furthermore, I argue that there are two implicit conditions, which are currently unmet, but are required for the standard justifications to hold: that there is (equal opportunity for) equality of legal representation between parties, and that each party has (equal opportunity for) a sufficient level of legal representation. I, therefore, outline an ideal proposal for reform that would satisfy these conditions. (shrink)

Rarely have these separate approaches been brought into the same conversation. Education, Justice, and Democracy does just that, offering an intensive discussion by highly respected scholars across empirical and philosophical disciplines.

Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

S. L. Hurley's ambitious work brings these two areas of lively debate into overdue contact with each other.

"Case notes." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (199), pp. 34–35.

The concept of justice, a cornerstone in Aristotle's political philosophy, holds intrinsic significance in both historical and contemporary contexts. This article embarks on an intricate exploration of the primacy of global justice within Aristotle's philosophical framework and its far-reaching implications in addressing contemporary challenges. Drawing from Aristotle's perspective on justice within the polis, the article navigates the terrain of his ideas, extending them beyond conventional boundaries and examining their pertinence in the global arena. Aristotle's nuanced definitions of (...) justice lay the foundation for dissecting its role within the community. The dichotomy of distributive and corrective justice adds depth to the discussion, setting the stage for the exploration of justice on a global scale. Indications within Aristotle's writings hint at a broader consideration of justice, encompassing global concerns that transcend political boundaries. The resonance between Aristotle's principles and contemporary global issues, including poverty, environmental degradation, and human rights violations, is brought to light through the Sustainable Development Goals (SDGs). This alignment underscores the enduring relevance of Aristotle's philosophy and its potential to inform contemporary ethical paradigms. Furthermore, the article contemplates the influence of Aristotle's justice-centred ideas on international relations, envisioning its impact on diplomacy, cooperation, and conflict resolution. Acknowledging critiques and counterarguments that question the adaptability of Aristotle's theories to modern complexities, the article upholds the enduring applicability of his principles. Aristotle's emphasis on equilibrium and rectification offers a portal for addressing multifaceted global injustices, even in the intricate web of contemporary interdependence. The article culminates in the assertion that the primacy of global justice within Aristotle's political philosophy reverberates profoundly in the present day. The convergence of his principles with contemporary ethical frameworks, the potential implications on international diplomacy, and the adaptability to intricate global challenges substantiate the perpetual wisdom encapsulated in Aristotle's ideas. Embracing the essence of his philosophy, humanity is poised to forge a path toward a more just, harmonious, and equitable world. (shrink)

This book presents an entirely new answer to the question: “What is fair?” In their radical approach to ethics, Frohlich and Oppenheimer argue that much of the empirical methodology of the natural sciences should be applied to the ethical questions of fairness and justice.

This essay compares two philosophical proposals concerning the relation between values and science, both of which reject the value-free ideal but nevertheless place restrictions on how values and science should interact. The first of these proposals relies on a distinction between the direct and indirect roles of values, while the second emphasizes instead a distinction between epistemic and nonepistemic values. We consider these two proposals in connection with a case study of disputed research on the topic of environmental justice (...) and argue that the second proposal has several advantages over the first. (shrink)

I propose, defend and illustrate a principle of gender justice meant to capture the nature of a variety of injustices based on gender:A society is gender just only if the costs of a gender-neutral lifestyle are, all other things being equal, lower than, or at most equal to, the costs of gendered lifestyles.The principle is meant to account for the entire range of gender injustice: violence against women, economic and legal discrimination, domestic exploitation, the gendered division of labor and (...) gendered socialization. The sense of “costs” employed is similarly wide. Costs can be material, psychological and social.I defend the principle by appeal to the values at the core of liberal egalitarian justice: equality of access and the good of individual choice. I illustrate my case through a discussion of the injustice of a gendered division of labor. Some feminists doubt that liberal egalitarianism has the theoretical resources to recognize the unjust nature of the gendered division of labor. I argue that it does.If the principle advanced here is correct, then gender injustice is pervasive. At the same, it does not affect only women but also men. Liberal egalitarianism is capable of acknowledging this fact without denying that, overall, gender norms oppress women more than they oppress men: Arguably, women who wish to lead a gender-neutral lifestyle have to pay higher costs that men who wish to do the same. (shrink)

This book presents an entirely new answer to the question: “What is fair?” In their radical approach to ethics, Frohlich and Oppenheimer argue that much of the empirical methodology of the natural sciences should be applied to the ethical questions of fairness and justice.

It is a well-established fact that we tend to underestimate our susceptibility to cognitive bias on account of overconfidence, and thereby often fail to listen to intellectual advice aimed at reducing such bias. This is the problem of intellectual deference. The present paper considers this problem in contexts where educators attempt to teach students how to avoid bias for purposes of instilling epistemic virtues. It is argued that recent research in social psychology suggests that we can come to terms with (...) this problem in two steps, the second of which involves educators communicating their intellectual advice in a procedurally just manner. The components of the relevant form of procedural justice are specified and related to Miranda Fricker and David Coady’s notions of epistemic justice. Finally, a series of objections are considered and responded to. (shrink)

The argument of this article is framed by a debate between the principle of humanity and the principle of justice. Whereas the principle of humanity requires us to care about others and to want to help them meet their vital needs, and so to be partial towards those others, the principle of justice requires us to consider their needs without the intrusion of our subjective interests or emotions so that we can act with impartiality. I argue that a (...) deep form of caring lies behind both approaches and so unites them. In the course of the argument, I reject Michael Slote’s sentimentalist form of an ethics of care, and expound Thomas Nagel’s moral theory, which seems to lie at the opposite end of a spectrum ranging from moral sentiments to impersonal objectivity. Nevertheless, Nagel’s theory of normative realism provides unexpected support for the thesis that a deep and subjective form of caring lies at the base of even our most objective moral reasons. (shrink)

Leveraging perspectives from social cognitive theory, the attention-based view, and social networks literatures, we tested the relationship between unethical choice and network unethicality, which we define as respondents’ perceptions of their peer advisors’ unethical choices. Although social cognitive theory predicts that perceptions of peer advisor unethical choice are positively associated with unethical choice, we theorize that the nature of this relationship depends on the personality of the actor and the situation. Results from a lagged study suggest that individual and situational (...) variables may act as key buffers to the adverse impact of unethical social influence on ethical choice. Strengths, limitations, and directions for future research are discussed. (shrink)

This book, which inaugurates the Princeton Monographs in Philosophy series, starts from Plato's analogy in the Republic between conflict in the soul and conflict in the city. Plato's solution required reason to impose agreement and harmony on the warring passions, and this search for harmony and agreement constitutes the main tradition in political philosophy up to and including contemporary liberal theory. Hampshire undermines this tradition by developing a distinction between justice in procedures, which demands that both sides in a (...) conflict should be heard, and justice in matters of substance, which will always be disputed. Rationality in private thinking consists in adversary reasoning, and so it does in public affairs. Moral conflict is eternal, and institutionalized argument is its only universally acceptable restraint and the only alternative to tyranny. In the chapter "Against Monotheism," Hampshire argues that monotheistic beliefs are only with difficulty made compatible with pluralism in ethics. In "Conflict and Conflict Resolution," he argues that socialism, seen as the proposal of extended political solutions for natural human ills, is still a relevant, yet strongly contested, ideal. (shrink)

Who ought to do what, and for whom, if global justice is to progress? In this collection of essays on justice beyond borders, Onora O'Neill criticises theoretical approaches that concentrate on rights, yet ignore both the obligations that must be met to realise those rights, and the capacities needed by those who shoulder these obligations. She notes that states are profoundly anti-cosmopolitan institutions, and that even those committed to justice and universal rights often lack the competence and (...) the will to secure them, let alone to secure them beyond their borders. She argues for a wider conception of global justice, in which obligations may be held either by states or by competent non-state actors, and in which borders themselves must meet standards of justice. This rich and wide-ranging collection will appeal to a broad array of academic researchers and advanced students of political philosophy, political theory, international relations and philosophy of law. (shrink)

Many people have the intuition that the failure to impose punishment on perpetrators of such serious human rights violations as murder, torture and rape that occurred in the course of violent conflict preceding a society’s transition from authoritarianism to democracy amounts to an injustice. This intuition is to an appreciable extent accounted for by the retributivist outlook of a high proportion of those who share it. Colleen Murphy, however, though she accepts that retributivism may justify punishment of offenders in stable (...) democracies, claims in her recent book on transitional justice that retributivism is inapplicable in the circumstances of transitional justice. I argue that the four arguments she provides in support of this claim are unsuccessful and that retributivism, assuming it to be a tenable rationale for punishment, justifies the subjection of perpetrators of at least some serious human rights abuses to sanctions in at least some transitional societies. (shrink)

Solidarity has for a long time been referred to as the core value underpinning European health and welfare systems. But there has been debate in recent years about whether solidarity, with its alleged communitarian content, can be reconciled with the emphasis on individual freedom and personal autonomy. One may wonder whether there is still a place for solidarity, and whether the concept of justice should be embraced to analyse the moral issues regarding access to health care. In this article, (...) I will answer this question by analysing the normative foundations of the concept of justice, followed by a deeper examination of the concept of solidarity in continental philosophy. More specifically, I will compare the philosophical traditions rooted in Kant (with emphasis on autonomy and individual rights) to approaches rooted in Hegel (with emphasis on individual relations of recognition). In addition, I will present the work of Avishai Margalit on the decent society to criticize a predominantly liberal approach to access to health care. The importance of solidarity lies particularly in its emphasis on relational aspects and the role of recognition in care practices, which are usually ignored in liberal approaches to justice. However, the article will argue that solidarity is not an alternative to a rights-based concept of justice, but must be considered as a necessary complement to it. (shrink)

The first debate in this article has to do with the very possibility of intergenerational justice beyond our obligations towards members of other generations while they coexist with us. Here, we ask ourselves whether we owe anything to people who either have died already, or are not yet born. Differences in temporal location mean that people may not exist at the same time — be it only during part of their life — which raises special ethical challenges. It is (...) one thing to decide whether we owe anything to the next generation(s). It is another to define what we owe them. Most standard theories of justice have tried to answer this difficult question. This article focuses on a comparison between a reciprocity-based and an egalitarian account of justice between generations. It then turns, on the one hand, to a brief discussion of alternative theories and, on the other hand, to implementation issues. (shrink)

From the paper's conclusion: "In conclusion, I have distinguished between two Rawlsian arguments for the SPP [strong precautionary principle] with respect to CCCs [climate change catastrophes]. Although both are persuasive, ultimately the “unbear-able strains” argument provides the most powerful categorical grounds for takingprecautionary action against CCCs. Overall, I have argued that the nature of CCCs requires us to take drastic precautions against further CC that could lead us to passthe tipping points that cause them. This is the case notwithstanding the (...) fact that weare in a state of strong uncertainty with respect to these events; indeed, our stronguncertainty with respect to them—given their nature—makes the case for action toprevent them even more persuasive, from the point of view of justice. Some peopletranslate the strong uncertainty of CCCs into weak uncertainty in order to justifytaking precautionary action using risk assessment.59My argument is complemen-tary to theirs. If divergent approaches to the uncertainty of CCCs neverthelessconverge on the PP, then we have what Cass Sunstein calls an “incompletelytheorized agreement” on a policy, that is, an agreement to which parties divided byoften deep theoretical differences can nevertheless give their assent,60which isall to the good from a political point of view. In the specific case of CC and itspossible catastrophes, the fact that such an agreement has emerged provides asliver of hope in the face of the increasingly dismal prospects for the planetuncovered by CC science as it progresses. At the level of principle, we are agreed,whatever justificatory reasons we advance. What is needed now—in the immedi-ate present—is policy to promote our principles, and the political will to enact it.". (shrink)

Punishment and Reparations are sometimes held to express retaliatory emotions whose object is to strike back against a victimizer. I begin by examining a version of this idea in Mill's writings about natural resentment and the sense of justice in Chapter V of Utilitarianism. Mill's view is that the ?natural? sentiment of resentment or ?vengeance? that is at the heart of the concept of justice is essentially retaliatory, therefore has ?nothing moral in it,? and so must be disciplined (...) or moralized from without by the desire to promote the general welfare. I argue to the contrary that if ?reactive attitudes? like resentment and moral blame are understood as Strawson analyzed them, as essentially ?interpersonal? or ?second personal?, they have a different content and function. They implicitly demand respect in a way that also expresses respect for the victimizer as a member of mutually accountable community of moral equals. Some implications of this idea are discussed for the ?expressive theory of punishment? and ?civil recourse? theories of torts. (shrink)

ABSTRACTThis article develops a theory of just contractual relationships for a liberal society. As a liberal theory, our account is premised on liberalism's canonical commitments to self-determination and substantive equality. As a theory of contract law, it focuses on the parties’ interpersonal interactions rather than on the justice of the social order as a whole.Normatively, the article claims that the rules governing cases where one party experiences harsh circumstances or vulnerability during the bargaining process or operates under significant informational (...) disadvantage must be guided by the commitment to relational justice, that is, to reciprocal respect for self-determination and substantive equality. Jurisprudentially, the article studies the systemic difficulties hindering the translation of these normative prescriptions into legal language and analyzes how they affect the form assumed by the law of precontractual justice and its institutional pedigree. (shrink)

When we conceptualized this symposium, Roe v. Wade1 was still the law of the land, albeit precariously. We aimed to commemorate its fiftieth anniversary by exploring historical, legal, medical, and related dimensions of access to abortion as well as the challenges ahead to secure reproductive justice. With the leak of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization on May 2, 2022, we shifted to mark the dawn of a new era. In the nearly identical (...) official opinion announced on June 24, 2022,2 Justice Samuel Alito, writing for the majority (6-3), overturned Roe and Planned Parenthood of Southeastern Pennsylvania v. Casey.3. (shrink)