What would be a fair model for flood insurance? Catastrophic flooding has become increasingly frequent in the UK and, with climate change, is likely to become even more frequent in the future. With the UK's current flood insurance regime ending in 2013, we argues that: -/- - there is an overwhelming case for rejecting a free market in flood insurance after 2013; - this market-based approach threatens to leave many thousands of properties uninsurable, leading to extensive social blight; - there (...) are a number of possible flood insurance models that would be fairer and more sustainable. -/- We outline three approaches to 'fairness' in flood insurance, and argues that the second and third of these would be the most 'solidaristic' – i.e. those at lower risk of flooding would contribute to the support of people at higher risk: -/- 'pure actuarial fairness' – insurance costs directly reflect the level of risk faced by individuals; 'choice-sensitive fairness' – insurance costs should reflect only those risks that result from each individual's choices; 'fairness as social justice' – insurance should be provided independently of individuals' risks and choices when covering basic requirements of social justice. (shrink)

Drawing on unpublished and published sources from 1926-1932, this chapter builds on John Dewey’s naturalistic pragmatic pluralism in ethical theory. A primary focus is “Three Independent Factors in Morals,” which analyzes good, duty, and virtue as distinct categories that in many cases express different experiential origins. The chapter suggests that a vital role for contemporary theorizing is to lay bare and analyze the sorts of conflicts that constantly underlie moral and political action. Instead of reinforcing moral fundamentalism via an outdated (...) quest for the central and basic source of normative justification, we should foster theories with a range of idioms and emphases which, while accommodating monistic insights, better inform decision-making by opening communication across diverse elements of moral and political life, placing these elements in a wider context in which norms gain practical traction in non-ideal conditions, and expanding prospects for social inquiry and convergence on policy and action. (shrink)

A leading classical utilitarian, John Stuart Mill is an unlikely contributor to the public reason tradition in political philosophy. To hold that social rules or political institutions are justified by their contribution to overall happiness is to deny that they are justified by their being the object of consensus or convergence among all those holding qualified moral or political viewpoints. In this chapter, I explore the surprising ways in which Mill nevertheless works to accommodate the problems and insights of the (...) public reason tradition, and the extent to which he makes arguments that can help those working within that tradition. Mill’s utilitarian theory incorporates the claim that the demands of social life require a publicly accepted set of normative expectations to govern judgments about when one has met one’s obligations and, relatedly, about the appropriateness of blame or punishment. (shrink)

Some people think that the inevitability of human extinction renders life meaningless. Joshua Seachris has argued that naturalism can be conceptualized as a meta-narrative and that it narrates across important questions of human life, including what is the meaning of life and how life will end. How a narrative ends is important, Seachris argues. In the absence of God, and with knowledge that human extinction is a certainty, is there any way that humanity could be meaningful and have a good (...) ending? I will distinguish between two conceptions of how humanity could be meaningful: the traditional view and an alternative view, which I will outline. I will argue that this alternative view provides a plausible explanation for how humanity could become meaningful. I will also argue that coming to terms with our mortality and other limitations would add meaning to human life and provide humanity with a good ending. (shrink)

This thesis defends utilitarianism: the view that as far as morality goes, one ought to choose the option which will result in the most overall well-being. Utilitarianism is widely rejected by philosophers today, largely because of a number of influential objections. In this thesis I deal with three of them. Each is found in Bernard Williams’s ‘A Critique of Utilitarianism’ (1973). The first is the Integrity Objection, an intervention that has been influential whilst being subject to a wide variety of (...) interpretations. In Chapter Two I give my interpretation of Williams’s Integrity objection; in Chapter Three I discuss one common response to it, and in Chapters Four and Five I give my own defence of utilitarianism against it. In Chapter Six I discuss a second objection: the problem of pre-emption. This problem is also found in Williams, but has received greater attention through the work of other authors in recent years. It suggests that utilitarianism is unable to deal with some of the modern world’s most pressing moral problems, and raises an internal tension between the twin utilitarian aims of making a difference and achieving the best outcomes. In Chapter Seven I discuss a third objection: that utilitarianism is insufficiently egalitarian. I find this claim to be unwarranted, in light of recent social science and philosophy. My responses to Williams’s objections draw upon resources from the socialist tradition – in particular, that tradition’s emphasis on the importance of social connections between individuals. Socialists have often been hostile to utilitarianism, in part for socialist-inflected versions of Williams’s objections. Thus, in responding to these objections I aim to demonstrate that socialist thought contains the means to defuse not only mainstream philosophy’s rejection of utilitarianism but also its own, and thus to re-open the possibilities for a productive engagement between the two traditions. (shrink)

In the past decade or two, philosophies of social protection have shifted away from a nearly exclusive focus on the subjective and the individual (e.g., autonomous choices, utility) and towards values that are more objective and relational. The latter approaches, typified by the well established Capabilities Approach and the up and coming ethic of ubuntu, have been substantially inspired by engagements with the Global South, particularly India and Africa. In this article, part of a special issue titled ‘The Principles and (...) Practice of Social Protection’, I focus exclusively on these two newer normative philosophies of social protection, my main aim being to compare and contrast several of their theoretical and practical implications for a variety of its dimensions. I conclude by also suggesting that the implications of ubuntu are often more attractive than those of the Capabilities Approach, and hence that the former should be taken no less seriously as potentially foundational when thinking about social protection, poverty and related matters of public policy.  . (shrink)

This article presents the most important strands of the philosophical debate about markets. It offers some distinctions between the concept of markets and related concepts, as well as a brief outline of historical positions vis-à-vis markets. The main focus is on presenting the most common arguments for and against markets, and on analyzing the ways in which markets are related to other social institutions. In the concluding section questions about markets are connected to two related themes, methodological questions in economics (...) and the topics of business ethics and corporate social responsibility. (shrink)

Many societies, and nearly all wealthy, developed countries, provide universal access to a broad range of public health and personal medical services. Is such access to health care a requirement of social justice, or is it simply a matter of social policy that some countries adopt and others do not? If it is a requirement of social justice, we should be clear about what kinds of care we owe people and how we determine what care is owed if we cannot (...) possibly meet every health need, as arguably no society can. We should be clear about what constitutes appropriate access to that care, given that there are diverse barriers to access. We must also be able to say why we owe these things as a matter of justice, and, of course, different accounts of social justice will bake and serve this cake in different ways. (shrink)

In this article I defend the capability approach by focusing on its built-in gender-sensitivity and on its concern with comprehensive outcomes and informationally-rich evaluation of well-being, two elements of Sen's work that are too rarely put together. I then try to show what the capability approach would have to gain by focusing on trans-positional objectivity (as Elizabeth Anderson does) and by leaving behind the narrow confines of states in favor of a more cosmopolitan stance. These preliminary discussions are followed by (...) two more precise applications. At first, I show how a gender-sensitive capability approach that respects the criteria of trans-positional objectivity and cosmopolitanism can enhance the agency of women inhabiting third-world societies. I turn next to show how mainstream feminism can insulate itself against criticisms such as bell hooks' by switching to trans-positional objectivity in public reasoning. (shrink)

This thesis is the first step in a research project which aims to develop an accurate and robust theory of global justice. The thesis concerns the content of our duties of global justice, under strict compliance theory. It begins by discussing the basic framework of my theory of global justice, which consists in two aspects: duties of minimal wellbeing, which are universal, and duties of fairness and equality, which are associative and not universal. With that in place, it briefly discusses (...) the nature of duties of fairness and equality. I shall argue that they are associative, because they are derived from the form of cooperation at hand; and that there are three kinds of them in our contemporary world: states, local cooperation and trans-state cooperation. It is from their forms of cooperation that these duties are derived. After that, the thesis focuses exclusively on duties of minimal wellbeing. Against the usual account of these duties - the human-flourishing account - I argue for my human-life account. This account argues that the function of these duties is to secure a human life for individuals; and it begins with a Razian conception of wellbeing, which states that the wellbeing of an individual is fundamentally constituted by: (a) the satisfaction of his biological needs, and (b) his success in whole-heartedly pursuing socially defined and determined goals and activities which are in fact valuable. An account of what constitutes a human life is then derived from this conception of wellbeing – it is a life that consists in having a level of wellbeing that is higher than the satisfaction of biological needs, where this is constituted by the pursuit of goals and activities with a sense of what is worth doing; and this in turn consists in: (a) being able to forms ideas of what is worth doing, (b) being able to revise them in light of further reasons, and (c) being able to coordinate one's actions according to them. I then determine the specific objects of duties of minimal wellbeing (means for the satisfaction of biological needs, education, physical security, freedom of belief, association and expression, freedom of non-harmful conduct, and minimal resources), by determining what is involved in securing such a human life for individuals. (shrink)

This paper discusses two distinct questions of distributive justice raised by climate change. Stated very roughly, one question concerns how much protection is owed to the potential victims of climate change (the Just Target Question), and the second concerns how the burdens (and benefits) involved in preventing dangerous climate change should be distributed (the Just Burden Question). In Section II, I focus on the first of these questions, the Just Target Question. The rest of the paper examines the second question, (...) the Just Burden Question. To answer this question, I argue, it is necessary to address two important methodological questions (one concerning the choice between what I term Integrationism and Isolationism and the other concerning the choice between what I term Holism and Atomism). Sections III-V, thus, set out and explore these two methodological issues. Having done so, the paper then turns from methodological issues to substantive analysis, and in Section VI it examines three principles of distributive justice that, it has been suggested, should determine how the burden of addressing dangerous climatic changes should be distributed (the Polluter Pays Principle, the Ability to Pay Principle and the Beneficiary Pays Principle). (shrink)

In this paper, the author offers a synoptic view of different theories of intergenerational justice, along two dimensions (savings/dissavings) and three modalities (prohibition, authorisation, obligation). After presenting successively the indirect reciprocity, the mutual advantage, the utilitarian and the Lockean approaches, special attention is given to the egalitarian theory of intergenerational justice. Two key differences between the egalitarian view on intergenerational justice and the sufficientarian interpretation of sustainability are highlighted.

My aim in this chapter is to place John Stuart Mill’s distinctive utilitarian political philosophy in the context of the debate about luck, responsibility, and equality. I hope it will reveal the extent to which his utilitarianism provides a helpful framework for synthesizing the competing claims of luck and relational egalitarianism. I attempt to show that when Mill’s distributive justice commitments are not decided by direct appeal to overall happiness, they are guided by three main public principles: an impartiality principle, (...) a sufficiency principle, and a merit principle. The question then becomes how luck and relational considerations figure into his articulation of these public principles. I argue that relational egalitarianism is more fundamental than considerations of luck and responsibility in Mill’s thought, but I also hope to show that any fleshed out picture of Mill’s reform proposals must recognize his condemnation of the role luck plays in determining the distribution of opportunities and outcomes. (shrink)

This article critically surveys the current bioethical and politico-philosophical debate about the ethical permissibility of a so-called ‘liberal eugenics’ and argues that neither the liberal argument for nor the liberal argument against human genetic enhancement is internally consistent as, ultimately, each ends up violating the very liberal principles it nonetheless pretends to defend. In particular, it will be shown that while the argument against a new eugenics necessarily entails a preemptive dehumanization of any potential enhanced form of life, the argument (...) for it threatens to reduce any non-enhanced form of life to a “wrongful life” or a life not worth living. It will therefore be concluded that the specific stakes of this contentious issue cannot be grasped within a liberal conceptual framework. (shrink)

Gender greatly impacts access to opportunities, potential, and success in corporate leadership roles. We begin with a general presentation of why such discussion is necessary for basic considerations of justice and fairness in gender equality and how the issues we raise must impact any ethical perspective on gender in the corporate workplace. We continue with a breakdown of the central categories affecting the success of women in corporate leadership roles. The first of these includes gender-influenced behavioral factors, such as the (...) requirements and expectations of gendered verbal and nonverbal communication styles as well as appearance. We move on to address the impact of family on corporate leadership opportunities and success, discussing the asymmetrical evaluation of an individual’s potential, authority, and competence based on gender stereotypes of familial obligations and expectations. Finally, we address how gender impacts access to networking and sponsorship opportunities and the long-term effects of systematic limitations on women’s inclusion in the upper echelons of corporate leadership. We conclude with a summary of the questions and issues raised by our discussion and direct individuals to consider how different ethical systems and moral requirements might influence their interpretations of gender and leadership in the corporate workplace. (shrink)

The ‘liberal-communitarian’ debate arose within anglophone political philosophy during the 1980s. This essay opens with an account of the main outlines of the debate, showing how liberals and communitarians tended to confront each other with opposing interpretations of John Rawls’ Theory of Justice (1999; originally published in 1971) and Political Liberalism (2005; originally published in 1993). The essay then proceeds to discuss four forms of ‘liberalism after communitarianism’: Michael Freeden’s account of liberalism as an ideology; Joseph Raz and Will Kymlicka’s (...) perfectionist liberalisms; the liberalism of value pluralists such as Isaiah Berlin and Bernard Williams; and Judith N. Shklar’s liberalism of fear. It concludes with the suggestion that there are times when liberals of every kind should set aside their ideology, even if only temporarily, in order to listen to their interlocutors with truly open minds. (shrink)

Few issues in business ethics are as polarizing as the practice of risk classification and underwrit­ ing in the insurance industry. Theorists who approach the issue from a background in economics often start from the assumption that policy-holders should be charged a rate that reflects the ex­ pected loss that they bring to the insurance scheme. Yet theorists who approach the question from a background in philosophy or civil rights law often begin with a presumption against socalled “actuarially fair” premiums (...) and in favor of “community rating,” in which everyone is charged the same price. This paper begins by examining and rejecting the three primary argu­ ments that have been given to show that actuarially fair premiums are unjust. It then considers the two primary arguments that have been offered by those who wish to defend the practice of risk classification. These arguments overshoot their target, by requiring a “freedom to under­ write” that is much greater than the level of freedom enjoyed in most other commercial transac­ tions. The paper concludes by presenting a defense of a more limited right to underwrite, one that grants the legitimacy of the central principle of risk classification, but permits specific deviations from that ideal when other important social goods are at stake. (shrink)

Joseph Heath1 The Pareto principle states that if a proposed change in the condition of society makes at least one person better off, and does not make anyone else worse off, then that change should be regarded as an improvement. This principle forms the conceptual core of modern welfare economics, and exercises enormous influence in contemporary discussions of justice and equality. It does, however, have an Achilles’ heel. When an individual experiences envy, it means that improvements in the condition of (...) others may worsen the condition of that individual. As a result, envy has the potential to block a vast range of changes that we might intuitively be inclined to regard as Pareto improvements. (Or more precisely, envy results in too many states getting classified as Pareto-optimal, not because, intuitively, they cannot be improved upon, but because no one’s condition can be improved upon without making someone else envious.) For example, a market exchange between two people might not wind up being classified as a Pareto improvement if the benefits produced for the two parties generated envy in some otherwise uninvolved third. (shrink)

The thesis provides a philosophically grounded account of a socialist planned economy. While I do not primarily consider a positive case for socialism, I address two major objections to it and thus argue that the possibility of socialism as an alternative form of economic organisation has been dismissed too quickly. Furthermore, I provide an account of the precise form a socialist economy should take, outlining general principles of planning and distribution. Based on a welfarist interpretation of Marx, I show that (...) distribution of consumer goods should be facilitated by an equal distribution of tokens. These tokens can be redeemed for consumer products or substituted for additional leisure time. The rates at which tokens can be redeemed for consumer products should correspond to market clearing prices. Welfare-oriented socialism is also defended against a deontological objection to socialism by Robert Nozick, who claims that socialism leads to injustice because it violates private property rights. The thesis also considers Ludwig von Mises’s calculation argument against socialism, which claims that socialism leads to the abolition of economic rationality. I show how this objection can be overcome by using optimal planning techniques which are responsive to consumer demand as signalled by the market clearing rates of consumer products. The resulting model of socialism is tested using a computer simulation. The simulation also demonstrates that a novel system of valuation based on opportunity cost leads to a better adaptation of production in response to environmental constraints when compared to the labour values of classical political economy. (shrink)

The advent of artificial intelligence (AI) challenges political theorists to think about data ownership and policymakers to regulate the collection and use of public data. AI producers benefit from free public data for training their systems while retaining the profits. We argue against the view that the use of public data must be free. The proponents of unconstrained use point out that consuming data does not diminish its quality and that information is in ample supply. Therefore, they suggest, publicly available (...) data should be free. We present two objections. First, allowing free data use promotes unwanted inequality. Second, contributors of information did not and could not anticipate that their contribution would be used to train AI systems. Therefore, charging for extensive data use is pro tanto permissible and desirable. We discuss policy implications and propose a progressive data use tax to counter the inequality arising. (shrink)

Resumen En 1976, Nagel y Williams presentaron -en una reunión de la Aristotelian Society- dos célebres textos dirigidos a exhibir el desafío que el azar y la fortuna representan para la imputación kantiana de responsabilidad moral. Desde entonces han proliferado cientos de artículos centrados en analizar este dilema. Dicho debate, no obstante, rara vez es situado al interior del análisis de las implausibles y falsas premisas que dan lugar a él. En este trabajo reconstruyo las coordenadas centrales en las que (...) esta problemática filosófica se origina. Posteriormente muestro que la imputación de responsabilidad ética a un agente no sólo no excluye, sino incluso presupone, lo que llamaré una capacidad impura de agencia donde la suerte ocupa un lugar central.In 1976, Nagel and Williams presented -at the congress of the Aristotelian Society- two famous texts aimed at exposing the challenge that chance and fortune represent for moral thought. Since then, hundreds of articles have proliferated in the literature focused on analyzing this dilemma. This debate, however, is rarely situated within the analysis of the implausible and false premises that give rise to it. In this paper I reconstruct the central coordinates in which this philosophical problem originates. Later, I show that imputation of ethical responsibility to an agent not only does not exclude, but even presupposes, what I will call an impure capacity for agency where luck occupies a central place. (shrink)

Ordinary Language Philosophy has largely fallen out of favour, and with it the belief in the primary importance of analyses of ordinary language for philosophical purposes. Still, in their various endeavours, philosophers not only from analytic but also from other backgrounds refer to the use and meaning of terms of interest in ordinary parlance. In doing so, they most commonly appeal to their own linguistic intuitions. Often, the appeal to individual intuitions is supplemented by reference to dictionaries. In recent times, (...) Internet search engine queries for expressions of interest have become quite popular. Apparently, philosophers attempt to surpass the limits of their own linguistic intuitions by appealing to experts or to factual uses of language. I argue that this attempt is commendable but that its execution is wanting. Instead of appealing to dictionaries or Internet queries, philosophers should employ computer-based linguistic corpora in order to confirm or falsify hypotheses about the factual use of language. This approach also has some advantages over methods employed by experimental philosophers. If the importance of ordinary language is stressed, the use of linguistic corpora is hardly avoidable. (shrink)

Distributive egalitarians believe that distributive justice is to be explained by the idea of distributive equality (DE) and that DE is of intrinsic value. The socio-relational critique argues that distributive egalitarianism does not account for the “true” value of equality, which rather lies in the idea of “equality as a substantive social value” (ESV). This paper examines the socio-relational critique and argues that it fails because – contrary to what the critique presupposes –, first, ESV is not conceptually distinct from (...) DE, and second, the idea of ESV cannot serve as a “foundation” or “root” of distributive egalitarianism. (shrink)

Food-related non-communicable diseases such as obesity, type 2 diabetes and cardiovascular diseases are key threats to public health. Yet, the responsibility for food-related health harms is contested. While traditionally viewed as mainly an individual responsibility or a governmental responsibility, fingers are nowadays also pointed at the food and beverage industry, as many firms are producing and marketing unhealthy products that contribute to the rise of obesity and other food-related NCDs. Yet, does the behaviour of the industry and the impact its (...) products have on public health also give reason for moral concern? Are these firms doing anything wrong? Are there normative considerations on the basis of which it can be argued that food and beverage firms have a responsibility for public health? This thesis explores the moral grounds for firms in the food and beverage industry to address food-related public health problems, and simultaneously reflects upon what taking responsibility for these problems could entail in practice. Drawing on debates in business ethics, political philosophy, and public health ethics, it is argued that food and beverage firms have distinct responsibilities for food-related health problems, and that these responsibilities spring from considerations of _non-maleficence_, _respect for autonomy _and _justice_. The thesis makes clear how responsibility for public health can be understood as an essentially shared responsibility, and outlines what taking responsibility could entail for various firms in the food and beverage industry and makes recommendations on what kind of behaviour firms should no longer engage in. (shrink)

This thesis explores the relationship between the capability approach to justice and liberal philosophy. I argue that the most compelling articulation of the capability approach—one given by Martha Nussbaum—suffers from an unattractive kind of inconsistency. On the one hand, Nussbaum is committed to formulating a robust account of a dignified human life which can give rise to a range of individual entitlements which ought to be guaranteed to all individuals. On the other hand, Nussbaum is committed to political liberalism which (...) requires state institutions to uphold strict neutrality between a variety of reasonable conceptions of the good. Nussbaum’s first commitment results in the formulation of a list of ten central human capabilities. However, I argue that the content and justification of this list cannot be successfully established in a way that is consistent with Nussbaum’s second commitment. Therefore, in this thesis, I propose a novel capability approach: a two-step approach which consists of two principles arranged in lexical priority. First, governments have a moral obligation to secure individuals with a meta-capability of autonomy. That is to say, governments must provide the conditions which are conducive to individuals exercising a range of agentic competencies which are constitutive of autonomous judgement. Second, governments have a moral obligation to provide opportunities for individuals to exercise this meta-capability in six domains of well-being: health, politics, knowledge, relationships, self-expression, and work. I argue that exercising autonomous choice in the pursuit of welfare is necessary for a good life, regardless of the specific choices individuals eventually make, and even if they choose to forgo some supposedly valuable choices altogether. My proposal has two striking features which set it apart from other articulations of the capability approach. First, my proposal is comprehensive in that it relies on a particular view about what is a valuable way of life. In my view, a way of life is valuable if it is pursued autonomously, that is to say, if it involves an individual exercising a set of agentic competencies and standing in appropriate relations with other people. And second, by virtue of being based in this particular comprehensive claim, my account of justice is anti-perfectionist. That is to say, my proposal does not aim to compel people to make valuable choices. Rather, it aims to equip people with the means to live the kind of life they find valuable and worth living. I then apply this capability approach to the domain of education, and I argue it can be useful in formulating an ambitious and transformative approach to education. In particular, I develop a program of civic education aimed at responding to the problems associated with disinformation and ‘post-truth’ trends in politics. (shrink)

In this thesis, I discuss the aggregation problem for T. M. Scanlon’s “contractualism”. I argue that Scanlonian contractualists have the following two options when it comes to the aggregation problem. First, they can choose to limit aggregation directly via a specific version of the Relevance View, “Sequential Claims-Matching”. Second, Scanlonian contractualists can adopt a so-called “mixed solution” of which I propose a specific version. My mixed solution does not limit aggregation. Rather, it either avoids some of the counterintuitive results in (...) certain cases, or at least makes these same results look a lot less counterintuitive by putting them into perspective thanks to a plausible plurality of precisely specified values. The stakes between these two options are as follows. The first option justifies Scanlon’s intuition in one vs. many cases of which his “World Cup Case” is one example, but it comes at the cost of a seemingly quite limited range of application: any version of the Relevance View only works in cases in which we have no more than two groups of competing claimants. The second option has the exact opposite implications: my mixed solution cannot justify Scanlon’s intuition in one vs. many cases, but it could be applied to any case with any number of groups of competing claimants. In this choice between pre-theoretical intuition and feasibility, I would urge Scanlonian contractualists to choose feasibility. (shrink)

This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...) Consequently, this approach excludes those whose consent is not required in order to view an arrangement as legitimate or just. Given the enormous and continuing influence of John Rawls’s social contract theory, I take the Rawlsian view as my primary focus, concentrating on the way in which the question of exclusion raises challenges for Rawlsian contractualism. According to Rawls’s theory, those who participate in the hypothetical contract and to whom political power ought to be justifiable are reasonable and rational. They are reasonable in the sense that they understand and are willing to comply with the requirements of justice and they are rational in that they have the capacity to form, revise, and pursue a conception of the good. This gives rise to two categories of exclusion. In the first part of the thesis, I examine the exclusion of those who will develop the two moral powers sufficiently only if those who are represented in the social contract act (or refrain from acting) in certain ways. This category includes children, foetuses, and unreasonable citizens. Intuitively, justice issues in requirements in at least some of these cases, but it is hard to make sense of this on the Rawlsian approach. In the second part of the thesis, I address the question of exclusion regarding those who will never develop the two moral powers to the requisite degree, such as individuals with severe cognitive disabilities and non-human animals. Again, intuitively, justice issues in requirements here, but their justification is not clear on the contractualist approach. My conclusion is threefold. First, I argue that the problems the question of exclusion poses cannot be addressed by a single solution. Second, I safeguard Rawlsian contractualism by showing how each problem can be resolved. Third, I offer policy-prescriptions on a number of issues, such as education, abortion, and the criminal justice system. (shrink)

Extremism about Demands is the view that morality is significantly more demanding than prevailing common-sense morality acknowledges. This view is not widely held, despite the powerful advocacy on its behalf by philosophers such as Peter Singer, Shelly Kagan, Peter Unger, and G.A. Cohen. Most philosophers have remained attracted to some version of Moderation about Demands, which holds that the behavior of typical well-off people is permissible, including the ways that such people tend to employ their economic and other resources. It (...) is difficult to resist the conclusion that proponents of Extremism have not taken sufficiently seriously the central convictions that motivate the Moderate view. -/- This dissertation offers an improved defense of Extremism about Demands. At its center is an argument that appeals dialectically to requirements of justice that Moderates themselves already implicitly accept. Specifically, I claim that any plausible set of Moderate moral principles will, when applied to a world like ours, yield demands on typical well-off people that far exceed the demands of common-sense morality. -/- My argument has two cruxes. The first is the idea that our concern for justice is at least partially grounded in a concern for individuals’ interests, broadly construed. The other is a principle that I call Injustice entails Obligations, which says that we are collectively subject to requirements of justice that, if fully complied with, would ensure the transition from current injustice to a just state of affairs. Any view that is compatible with both the interest-based view of (part of) our concern for justice and Injustice entails Obligations will, I argue, require sacrifices from typical well-off people that substantially exceed what prevailing common-sense morality requires of them. -/- Moderates typically emphasize the idea that each person has an important interest in pursuing the projects, plans, relationships, and commitments that are most important to her. But they also believe that acceptable Moderate principles will properly balance this idea with the idea that from a properly impartial perspective everyone, and everyone's interests, are equally morally important. Because Moderates accept the latter idea, they are already committed to thinking that in a just world, everyone would have a sufficient minimum share of society’s resources. I argue that even if we limit our focus to distributive justice in a single society such as the United States, and even if we assume that distributive justice requires only a sufficient minimum, the extent to which the status quo must be transformed in order for justice to be achieved is still too great to be compatible with Moderate demands on typical well-off people. -/- There are a number of ways to try to argue that Moderate principles and Injustice entails Obligations are compatible with Moderation about Demands. For instance, it might be argued that all or nearly all of the demands to sacrifice in order to promote justice can be assigned to the super-rich, rather than to typical well-off people. Or it might be argued that the sacrifices of a single well-off person cannot be required because they amount to a mere “drop in the bucket” relative to what needs to be done in order to fully achieve justice. I show that such arguments fail. -/- The argument that I consider in greatest detail derives from John Rawls’s view that the principles of justice apply to the institutions of the “basic structure of society,” and do not apply directly to the conduct of individuals. If this “Institutionalism” is right, then it cannot be the case that individuals are obligated to promote justice directly in the way that I suggest they are. Furthermore, it might seem that a view that assigns all of the burdens of promoting justice to the basic structure satisfies the imperative to transition from injustice to justice, since if the relevant institutions were to begin doing everything that the Rawlsian view says they ought to be doing, the requirements of justice would be met. I argue, however, that there is no understanding of Institutionalism on which it is itself consistent with the following desiderata: Moderate principles, and the associated interest-based view of (part of) the ground of our concern for justice; Injustice entails Obligations; and Moderate demands. So, Institutionalism cannot make Moderate principles and Injustice entails Obligations compatible with Moderate demands. -/- Moderate principles and Injustice entails Obligations, then, remain incompatible with Moderation about Demands. Since there are compelling reasons to accept both Moderate principles and In justice entails Obligations, I conclude that we must reject Moderation about Demands. The obligations that justice places on typical well-off people are substantially more extensive than is acknowledged by prevailing common-sense morality. (shrink)

Im this paper I argue that Rawls distinguishes two different ways in which a system can be inconsistent with justice as fairness. The first concerns those systems that are based on principles that simply deny justice as fairness, as in the case of capitalism. The second concerns systems that, while pursuing aims similar to those of justice as fairness, are structured in ways that cause them to work very differently from their intended aims. Following Esping-Andersen’s identification of different “worlds” of (...) welfare states, I will show which specific kind of welfare state falls under Rawls’s first argument. (shrink)

My aim in this dissertation is to analyze Black oppression and White domination. I attempt to show how social systems unjustly diminish Black Americans’ opportunities to form and pursue their conceptions of good lives and unjustly strengthen White Americans’ opportunities for the same. I believe that the accounts of Black oppression and White domination I offer are more adept at identifying the expansive and varied wrongs of Black oppression in America, analyzing the relationship between theorizing oppression and addressing oppression through (...) social and political change in America, and demonstrating the ways that Whites benefit from and are incentivized to maintain oppressive systems in America, than the accounts put forward by other theorists. In Chapter 1, I begin by discussing why I frame my project in terms of oppressive “wrongs” rather than “harms”. I worry the term ‘harm’ may be taken to imply that one has experienced subjective suffering or a measurable loss, whereas I am concerned with instantiations of oppressive systems even when they don’t cause the person subject to the oppressive system to experience a measurable loss or subjective suffering. In an effort to describe how I identify wrongs, I then argue that in virtue of the deep importance of freely pursuing one’s chosen life plan, any barriers one faces in pursuing his or her life plan must be justifiable. Barriers one experiences in virtue of his or her race are typically not justifiable. On this basis, I argue for my principle of racial injustice, which states that individuals are prima facie wronged by socially constructed barriers to their abilities to form and seek their conception of a good life if those barriers exist in virtue of their race. The “prima facie” nature of the wrongness is significant, I argue, because correcting the injustices of Black oppression will require that Whites face some barriers to pursuing our life plans that we do not currently face; it is not the case, then, that every race-based barrier is truly wrongful. I then discuss my understanding of race, arguing that race’s mutability across contexts and how one’s race is intimately tied to systems of subordination and domination support my view that race is socially constructed. I end with a brief history of White domination and Black subordination in the U.S. In Chapter 2, I outline general experiences of racism as espoused by Black writers and the statistical data that support these accounts. I then take a deep look at mass incarceration, including a history of the system, its disproportional impact on Black Americans, and the many resulting injustices inflicted largely on incarcerated Black Americans, their families, and their communities. I specifically highlight the recognition-wrongs inflicted on Black Americans through mass incarceration, where recognition-wrongs are acts that function primarily as a mode of dehumanizing individuals. Recognition-wrongs include verbal degradation through things like slurs, but also epistemic injustices, a concept developed by Miranda Fricker and others to identify injustices that wrong individuals in virtue of their status as knowers and communicators of knowledge. I then discuss kinship-wrongs, a concept I develop to identify wrongs that impact people’s ability to form and maintain relationships. I highlight and conceptualize these wrongs in an attempt to draw attention to their significance in racial subordination. In Chapter 3, I develop an account of oppression that is particularly responsive to race-based wrongs. I begin by showing why the influential accounts authored by Iris Marion Young and Ann Cudd are unsatisfactory for capturing Black oppression. I attempt to develop an account that is sensitive to the experiences of subordination detailed by Black Americans, equipped to address the material harms of oppression, and also able to make sense of the recognition- and kinship-wrongs raised in Chapter 2. I ultimately determine that a member of a c-group is subject to an oppressive wrong when, in virtue of his or her or their membership in that c-group, he or she or they suffer wrongs that are systematically perpetrated through social, political, or legal norms, conventions, or practices. A c-group is any collection of persons who share some set of constraints, incentives, penalties, and the like. I end the chapter by carefully describing my commitments to each clause of the definition of oppression, beginning by analyzing c-groups, describing systematically perpetrated wrongs, explaining what it means to be wronged in virtue of one’s c-group membership, and showing that my account of oppression is sensitive to both material and recognition-wrongs. In Chapter 4, I argue that we ought to understand oppression in the framework of a capabilities approach. I begin by explaining the concept of capabilities, which are real opportunities to function in particular ways. I then argue that securing capabilities is a better aim for justice than ensuring that people function in certain valuable ways because a focus on capabilities protects people’s opportunities to pursue the kinds of lives they want to live, respecting their interest in freely determining their life goals, while a focus on protecting valuable functionings inappropriately prescribes life goals to them. I show how capabilities can be utilized as part of a theory of justice, and argue that my utilization of capabilities, combined with the other moral commitments I defend throughout the dissertation, comprises a rectificatory theory of racial justice aimed at eliminating Black oppression. I argue that through the framework of capabilities, I can analyze both the material and recognition-wrongs of oppression, avoid the kinds of bad idealizations that often skew our understanding of oppressive systems and their impact, and make judgments about modern day society without developing an account of perfect justice. I next show that to avoid inflicting further recognition-wrongs, it is essential that oppressed peoples are the primary arbiters of which capabilities and oppressive systems should be prioritized in policy and advocacy. I conclude Chapter 4 with a brief sketch of how we can turn the priorities of the oppressed into public policy, moving from the prioritization process, to policy development, to implementing policies, and finally to monitoring and revising them. My final chapter, Chapter 5, shows how my account can also be used to analyze the norms of White domination that coincide with Black oppression. I begin by discussing “correlative capabilities,” which are those capabilities that are strengthened for Whites in virtue of the fact that Whites are not subject to oppression as Black Americans are. My discussion of correlative capabilities maps closely onto the advantages typically described as White privilege. I then turn to more insidious advantages Whites gain from Black oppression. I argue that oppressive norms advantage Whites by creating a social structure that empowers us with the capabilities to dominate racial narratives and ignore our racialized identities. The capability to dominate racial narratives consists in Whites’ abilities to pontificate on racialized events without justification for our views and still have our perspectives treated as mainstream, worthy of debate, and often as nearly definitive. I demonstrate this capability in action by examining Colin Kaepernick’s protest in the NFL, the coverage it received, and his resulting treatment. I then discuss Whites’ capability to ignore our racialized identities, showing how we establish Whiteness as a central, unconditioned perspective. Whites see ourselves as “simply people,” while seeing non-Whites as raced. This leads to Whites promoting color-blind conceptions of justice, which move us farther from true justice by ignoring social norms’ impact on policy development and implementation. I then show how Whites may go one step further and argue that we are victimized by “reverse racism” when efforts are made to eliminate oppressive systems. Finally, I end Chapter 5 with a discussion of how Whites are also disadvantaged by Black oppression, particularly in our capabilities to perform our jobs well, live morally, and establish and maintain relationships. I then conclude the dissertation by discussing how we might teach race-sensitive virtues in an effort to change White-favorable social norms. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...) account, ‘development’ is conceived as the expansion of individuals’ capability, and thus as a concept that goes beyond the economic growth of third world countries. My thesis is a philosophical examination of Sen’s capability approach. In the first part (chapters 1-3) I present and defend my interpretation of Sen’s work. (shrink)

Starting with one of the last writings by Norberto Bobbio I discuss the origins of the idea of a political “Left”. I trace them back to historical circumstances of the French Revolution and, behind them, to ways of symbolical representation to be located within the wider framework of forms of symbolic spatial organization of the social space. It turns out that “Left” is, more than a concept, a symbol or a metaphor. That Left is connected in its very roots with (...) the idea of equality. That the very idea of democracy is connected in a similar way to both ideas of Equality and Left,. A further implication is that the universally shared normative ideal of democracy and the (to a point) universally shared normative ideal of equality are carried as a matter of course by the very framework of democracy as a set of institutions. Thus it is virtually impossible to defend a consistent rhetoric of a political Right within the framework of a democratic society. The final discussion is whether the concept-metaphor “Left” is still useful, whether it highlights relevant features of society more than obscuring them, and the answer is, not unlike Bobbio’s – is that it is will still be useful, at least for a relevant number of purposes, until human societies will be marked by strong inequalities. (shrink)