This paper examines the distinction drawn by Amartya Sen between transcendental and comparative theories of justice, and its application to Rawls' doctrine. It then puts forward three arguments. First, it is argued that Sen offers a limited portrayal of Rawls' doctrine. This is the result of a rhetorical strategy that depicts Rawlsian doctrine as more “transcendental” than it really is. Although Sen deploys numerous quotations in support of his interpretation, it is possible to offer a less transcendental interpretation of Rawls. (...) Second, the dichotomy between transcendental and comparative approaches to questions of justice is partly misleading, insofar as any plausible moral doctrine has both transcendental and comparative elements. Transcendental elements are necessary to avoid the confusion between the general acceptance of a norm, value or principle and its justification. A comparative view highlights the conditions of application of the doctrine to the real world, taking into account the possibility of moral dilemmas, evaluative disagreements and limited resources, while proposing possible provisos and caveats to the risk of the doctrine being self‐defeating. Third, although the transcendental approach is useful, it is argued that in elaborating this dichotomy Sen overlooks the merits of the third way between comparative and transcendental doctrines, what he calls “conglomerate theory,” and also the possibility that his doctrine (the capability approach) might be considered as an example of such a theory. The paper concludes with the argument that conglomerate theory does not aim to produce complete moral orderings, but rather a comparative approach with transcendental elements, as a form of weak transcendentalism. (shrink)

The relevance of justice for the current debate on long-term care is explored on the basis of demographic and economic data, especially in the U.S. and Germany. There is a justice question concerning the quality and availability of long-term care for different groups within society. Mapping the justice debate by discussing the two main opponents, John Rawls and Robert Nozick, the article identifies fundamental assumptions in both theories. An exploration of the biblical concept of the “option for the poor” and (...) its influence on a new “ecumenical social teaching from below” leads to the conclusion that a Christian ethical account of long-term care will argue for a system that guarantees decent care to every citizen. The German model of Soziale Pflegeversicherung is presented as one possible option for putting this ethical guideline into political practice. In a final reflection, the role of religious affiliation for long-term care is discussed by looking at empirical data and by naming seven dimensions of faith-driven long-term care. (shrink)

This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm such (...) principles for a wide range of different reasons, the process of achieving reasoned agreements on contentious issues draws us together as citizens in loyalty to a particular, historical set of political institutions. The reasoned commitment to our constitution that we come to share in this ongoing process acts as an identity‐forming bond that allows us to live in peace with deep moral and cultural differences. (shrink)

What can we know? How should we live? What is there? Philosophers famously diverge in the answers they give to these and other philosophical questions. It is widely presumed that a lack of convergence on these questions suggests that philosophy is not progressing at all, is not progressing fast enough, or is not progressing as fast as other disciplines, such as the natural sciences. Call the view that ideal philosophical progress is marked by at least some degree of convergence on (...) the core philosophical questions the pro-convergence thesis. I will argue that there is reason to reject the pro-convergence thesis in favor of the anti-convergence thesis, the view that significant viewpoint convergence is at odds with the aims of a philosophically ideal community. The argument centers on a thought experiment about two different philosophical communities. (shrink)

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

Models of idealistic societies pervade the history of political thought from ancient times to the present. How can these models contribute to our thinking about political life in our non-ideal world? Not, as many political theorists have hoped, by performing a normative function -- by giving us reasons to accept particular political principles for the purpose of regulating our thought and behavior. Even still, idealistic models can sharpen our thinking about politics by performing a conceptual function -- by helping us (...) clarify and interpret the concepts we use to describe and evaluate political behavior and institutions. These insights point to a more incisive and judicious approach to political inquiry, in which explanatory and normative modes of thought are tightly intertwined. (The manuscript is under review. I have uploaded the table of contents, chapters 1 and 2, and the bibliography. Chapter summaries are available from my website.). (shrink)

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

Climate change and other global environmental problems constitute a significant challenge to contemporary political philosophy, especially with respect to complacency. This paper assesses Rawls? theory, and argues for three conclusions. First, Rawls does not already solve such problems, and simple extensions of his theory are unlikely to do so. This is so despite the rich structure of Rawls? philosophy, and the appeal of some of its parts. Second, the most promising areas for extension ? the circumstances of justice, the duty (...) to maintain and promote just institutions, and his vision of social development ? are those that have not yet been explored. Third, unfortunately, Rawls? views on these topics are both seriously underdeveloped, and largely stipulative. Hence, in trying to meet climate change, Rawlsians are more likely to add new theories to Rawls, and perhaps even to transform his original account, than to generate an approach ?from the inside out? (shrink)

Jason Brennan and John Tomasi have argued that if we focus on income alone, the Difference Principle supports welfare-state capitalism over property-owning democracy, because capitalism maximizes long run income growth for the worst off. If so, the defense of property-owning democracy rests on the priority of equal opportunity for political influence and social advancement over raising the income of the worst off, or on integrating workplace control into the Difference Principle’s index of advantage. The thesis of this paper is that (...) even based on income alone, the Difference Principle is not as hostile to property-owning democracy as it may seem, because the Difference Principle should not be interpreted to require maximizing long run income growth. The main idea is that it is unfair to make the present worst off accept inequality that doesn’t benefit them, for the sake of benefitting the future worst off, if the future worst off will be better off than they are anyway. (shrink)

Suppose that one is at least a minimal realist about a given domain, in that one thinks that that domain contains truths that are not in any interesting sense of our own making. Given such an understanding, what can be said for and against the method of reflective equilibrium as a procedure for investigating the domain? One fact that lends this question some interest is that many philosophers do combine commitments to minimal realism and a reflective equilibrium methodology. Here, for (...) example, is David Lewis on philosophy: Our “intuitions” are simply opinions: our philosophical theories are the same. Some are commonsensical, some are sophisticated; some are particular; some general; some are more firmly held, some less. But they are all opinions, and a reasonable goal for a philosopher is to bring them into equilibrium. Our common task it to find out what equilibria there are that can withstand examination, but it remains for each of us to come to rest at one or another of them… Once the menu of well-worked out theories is before us, philosophy is a matter of opinion. Is that to say that there is no truth to be had? Or that the truth is of our own making, and different ones of us can make it differently? Not at all! If you say flatly that there is no god, and I say that there are countless gods but none of them are our worldmates, then it may be that neither of us is making any mistake of method. We may each be bringing our opinions to equilibrium in the most careful possible way, taking account of all the arguments, distinctions, and counterexamples. But one of us, at least, is making a mistake of fact. Which one is wrong depends on what there is (1983: x-xi). In addition to philosophy in general, the method of reflective equilibrium has also been endorsed as the appropriate procedure for investigating various other subject.. (shrink)

In an interesting essay published in this journal Jonathan Floyd has recently argued (Citation2009) that, contrary to widespread opinion, political philosophy is not too a‐historical, for historical facts cannot ground timeless political principles. In the following I would like to reply to his theses showing that the authors he criticises aim in fact to show that our historical situation gives us a decisive clue as to the tasks that philosophical theory has to address; that philosophical argumentation rests on normative beliefs (...) that we expect our audience to take for granted, and that these beliefs are historically embedded. Finally, although the historicity of normative beliefs has been often used to reject universalism, current scholarship includes important attempts to combine historicity and universalism. (shrink)

Gerald Cohen's critique of John Rawls's theory of justice is that it is concerned only with the justice of social institutions, and must thus arbitrarily draw a line between those inequalities excluded and those allowed by the basic structure. Cohen claims that a proper concern with the interests of the least advantaged would rule out 'incentives' for 'talented' individuals. I argue that Rawls's assumption that the subject of justice is the basic structure of society does not arbitrarily restrict the concerns (...) of political justice, as Cohen claims. Further, I argue that it does not allow 'deep' inequalities within a just basic structure. When properly understood, Rawls's theory of justice is strongly egalitarian, taken as a theory of fairness in the way the burdens and benefits of social cooperation are distributed, even if it is not as egalitarian as Cohen wishes. (shrink)

It is a commonplace that liberalism and religious belief conflict. Liberalism, its proponents and critics maintain, requires the privatization of religious belief, since liberals often argue that citizens of faith must repress their fundamental commitments when participating in public life. Critics of liberalism complain that privatization is objectionable because it requires citizens of faith to violate their integrity. The liberal political tradition has always sought to carve out social space for individuals to live by their own lights. If liberalism requires (...) citizens to violate their integrity, liberals have cause for concern. I seek to rebut this integrity objection to liberalism. I focus on the dominant form of philosophical liberalism: public reason liberalism. I argue that the integrity objection undermines the mainstream conception of public reason liberalism, but not public reason liberalism itself. The paper opens by outlining the structure of public reason liberalism and the integrity objection (§§2 and 3). It then analyses two versions of the objection and argues that the second version is successful against the mainstream conception of public reason (§4). I argue in response that public reason liberalism need not endorse principles of restraint—the civic restrictions on religious expression typically associated with it. I then sketch a conception of public reason liberalism that eschews principles of restraint (§5). This alternative promises to reconcile public reason liberals and their faith-friendly critics by putting the integrity objection to rest. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

I present an interpretation of ideal theory that is grounded in the idea of society as a fair scheme of cooperation, which Rawls describes as the most fundamental idea of justice as fairness. A key element of the Rawlsian idea of cooperation, I claim, is that the individual participants of a genuinely cooperative scheme—whatever its scale—are morally accountable to each other for complying with the scheme’s rules. This means that each participant has the moral standing to demand of the others (...) that they comply with the rules. I argue that the logic of these moral demands requires that the scheme’s rules be worked out on the basis of a strict compliance assumption. In justice as fairness, society as a whole is a grand scheme of cooperation. The principles of justice constitute the moral terms of association for this cooperative scheme, and hence define the moral demands that citizens, as such, may make of one another. Thus, these principles of justice must likewise be worked out on the basis of a strict compliance assumption. I contrast this interpretation with the standard telic alternative, which grounds the strict compliance assumption in its role as part of the theory of a realistic utopia, and argue for the possibility of non-utopian ideal theories. (shrink)

In this article I analyze Rawls' and Habermas' accounts of the role of religion in political deliberations in the public sphere. After pointing at some difficulties involved in the unequal distribution of deliberative rights and duties among religious and secular citizens that follow from their proposals, I argue for a way to structure political deliberation in the public sphere that imposes the same deliberative obligations on all democratic citizens, whether religious or secular. These obligations derive from the ideal of mutual (...) accountability that is supposed to guide political deliberation in a deliberative democracy. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance (whether religious or secular) in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply. (shrink)

In A Theory of Justice, John Rawls argues that self-respect is ‘perhaps the most important’ primary good and that its status as such gives crucial support to controversial ideas like the lexical priority of liberty. Given the importance of these ideas for Rawls, it should be no surprise that they have attracted much critical attention. In response to these critics, I give a defense of self-respect that grounds its importance in Rawls’s moral conception of the person. I show that this (...) understanding of self-respect goes well beyond giving support to the lexical priority of liberty, also supporting Rawls’s still more controversial view of public reason. On my account, taking self-respect seriously requires the coercive enforcement of public reason. This is a novel argument for public reason, in that it grounds the idea in justice as fairness and mandates its coercive enforcement. (shrink)

Peter Vanderschraaf’s Strategic Justice is a powerful elaboration and defense of what he calls ‘justice as mutual advantage’. Vanderschraaf opens Strategic Justice by observing that ‘Plato set a template for all future philosophers by raising two interrelated questions: (1) What precisely is justice? (2) Why should one be just?’. He answers that (1) justice consists of conventions which (2) are followed because each sees that doing so is in her interest. These answers depend upon two conditions which Vanderschraaf calls Baseline (...) Consistency and Negative Mutual Expectations. I contend that the plausibility of the first condition depends upon principles which are prior to Vanderchraaf’s conventions of justice and that the second condition does not account for the interest Vanderschraaf must think we take in those principles. I therefore worry that Vanderschraaf does what he accuses other theorists of justice as mutual advantage of doing: going outside the bounds of justice as mutual advantage. To lay the groundwork for his conditions, Vanderschraaf analyzes the circumstances of justice. I argue that, his claims to the contrary notwithstanding, he does not take the circumstances to be the kind of conditions Hume takes them to be, but that he has good reason to do so. (shrink)

Much liberal theorizing of the past twenty years has been built around a conception of neutrality and an accompanying virtue of reasonableness according to which citizens ought to be able to view public policy debates from a perspective detached from their comprehensive conceptions of the good. The view of “justifi catory neutrality” that emerges from this view is discussed and rejected as embodying controversial views about the relationship of individuals to their conceptions of the good. It is shown to be (...) based upon a “protestant” assumption according to which conceptions of the good can be cashed out in terms of propositional beliefs. An alternative conception of reasonableness, grounded in the stable disposition of individuals to prefer social peace over conflict is described. It is argued that it better satisfies the neutralist requirement than do theories of justifi catory neutrality. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

The paper provides an account of the pragmatist philosophical conception of reciprocity and altruism based on the ontology of “panrelationalism”. The Deweyan concepts of transaction and cooperation are also outlined in some detail as well as the pragmatist idea of justice. The author attempts to show that altruism is not necessarily just reciprocal but demands as its supplement altruism without reciprocation.

One of the central elements of John Rawls’ argument in support of his two principles of justice is the intuitive normative ideal of citizens as free and equal. But taken in isolation, the claim that citizens are to be treated as free and equal is extremely indeterminate, and has virtually no clear implications for policy. In order to remedy this, the two principles of justice, together with the stipulation that citizens have basic interests in developing their moral capacities and pursuing (...) their conceptions of the good life, are meant to provide a more precise interpretation of what is involved in treating citizens as free and equal. Rawls’ critics, however, have argued that satisfying the two principles of justice is not the most appropriate or plausible way to respect the status of citizens as free and equal. In relation to this debate, the present paper has two aims. The first is to examine Rawls’ account of the type of freedom that a just society must guarantee equally to its citizens. I will argue that those who think of Rawls as a theorist of freedom as non-interference are mistaken, because his notion of liberty resembles in important respects the republican notion of freedom as non-domination. Second, I will consider the extent to which Rawls’ principles of justice successfully protect the freedom as non-domination of all citizens so as to effectively treat them as free and equal. (shrink)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous private individuals. (...) Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

Objective moral facts are supposed to be independent from us, but it has proven difficult to provide a clear account of this independence condition. Objective moral facts cannot be overly independent of us, as even an objective morality would depend, in important respects, on features of us. The challenge is to respect these moral mind-dependencies without inappropriately counting too many moral facts as objective. In this paper, I delineate and evaluate several different versions of the independence condition in moral objectivity. (...) I raise problems for these ways of formulating moral objectivity and then develop a better account of moral objectivity, one that avoids the pitfalls of other proposals. (shrink)

The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the principle (...) of fair play that emphasizes its similarities to another transactional principle: consent. This interpretation reveals that playing fair requires one to reciprocate specifically by following the rules of the cooperative scheme from which one benefits, just as consent requires one to act according to the terms of an agreement. I then draw on the comparison with consent to reply to some popular and persistent objections to the principle. (shrink)

At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas of the (...) criminal justice process, and in particular those parts in which we (through our legislatures and judges) decide how much punishment to distribute to guilty persons. If, as the direct moral grounding suggests, we should prefer under-punishment to over-punishment under conditions of uncertainty, due to the moral seriousness of errors which inappropriately punish persons, then we should also prefer erring on the side of under-punishment when considering how much to punish those who may justly be punished. Some objections to this line of thinking are considered. (shrink)

The nature of the relation between jurisprudential theories and first-order legal judgments is a strangely uncontroversial matter in contemporary legal philosophy. There is one dominant conception of the relation according to which jurisprudential theories are second-order or meta-legal theories that specify the ultimate grounds of first-order legal judgments. According to this conception, difficult first-order legal disputes are to be resolved by jurisprudential theorizing. According to an alternative conception that Ronald Dworkin has influentially advocated, jurisprudential theories are not second-order theories about (...) the nature of law, but instead covert first-order legal theories. These two conceptions of the relation between jurisprudential theories and first-order legal judgments dominate the contemporary legal philosophical scene and crowd out other possible conceptions. This article scrutinizes the two conceptions, and in the process raises the possibility of a different and arguably more credible conception. According to this new conception, our first-order legal views and a jurisprudential theory that we accept are supposed to form a mutually disciplining and supporting set of views that we accept in our pursuit of the epistemic ideal of wide reflective equilibrium. The two sets of views are supposed to constrain and discipline each other; but neither is meant to underwrite, certify, or ultimately determine the contents of the other. This new conception, which allows the relation between jurisprudential theories and first-order legal judgments to be much looser, untidier, and more complex than what the two dominant conceptions imply, should facilitate progress in legal philosophy and in first-order legal thinking. (shrink)

This essay is part of a dossier on Cristina Lafont's book Democracy without Shortcuts.

This paper is concerned with whether there is a moral difference between simulating wrongdoing and consuming non-simulatory representations of wrongdoing. I argue that simulating wrongdoing is (as such) a pro tanto wrong whose wrongness does not tarnish other cases of consuming representations of wrongdoing. While simulating wrongdoing (as such) constitutes a disrespectful act, consuming representations of wrongdoing (as such) does not. I aim to motivate this view in part by bringing a number of intuitive moral judgements into reflective equilibrium, and (...) in part by describing the case of a character that I call The Devious Super Geek who simulates wrong to particular people that he knows personally. I build bridging cases from the case of the Devious Super Geek to capture games in which one simulates wrong to imaginary members of extant, morally salient categories. The surprising conclusions that we are led to include not just that simulated wrongdoing is pro tanto wrong, but that simulated Just killing is pro tanto wrong, and also that the simulated killing of zombies and aliens is also pro tanto wrong. Finally, I describe how I propose to handle some potential objections and attempt to weigh the pro tanto wrong identified in the paper against some countervailing considerations in some all things considered judgements. (shrink)

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

Are government restrictions on hate speech consistent with the priority of liberty? This relatively narrow policy question will serve as the starting point for a wider discussion of the use and abuse of nonideal theory in contemporary political philosophy, especially as practiced on the academic left. I begin by showing that hate speech (understood as group libel) can undermine fair equality of opportunity for historically-oppressed groups but that the priority of liberty seems to forbid its restriction. This tension between free (...) speech and equal opportunity creates a dilemma for liberal egalitarians. Nonideal theory apparently offers an escape from this dilemma, but after examining three versions of such an escape strategy, I conclude that none is possible: liberal egalitarians are indeed forced to choose between liberty and equality in this case and others. I finish the paper by examining its implications for other policy arenas, including markets in transplantable human organs and women’s reproductive services. (shrink)

Governments around the world collect huge amounts of personal data from their citizens for counterterrorist purposes. While mining this data has arguably increased the security of populations, the practices through which these data are currently collected in many countries have been criticised for violating individuals’ rights to privacy. Yet it is not clear what a permissible data collection regime would look like and thus also how we could reform existing regimes to make them morally acceptable. This article explores a number (...) of ways in which we might justify a data collection regime to those affected in spite of the setbacks to their privacy. In contrast to existing justifications, I argue that individuals can be asked to surrender their personal data as a requirement of reciprocity in a cooperative system in which they gain security from others doing likewise. Relying on this justification, though, has significant implications for how we should reform existing data collection regimes. In particular, more stringent limits will need to be placed on the forms which these regimes can legitimately take. (shrink)

The introduction of new technologies in society is sometimes met with public resistance. Supported by public policy calls for “upstream engagement” and “responsible innovation,” recent years have seen a notable rise in attempts to attune research and innovation processes to societal needs, so that stakeholders’ concerns are taken into account in the design phase of technology. Both within the social sciences and in the ethics of technology, we see many interdisciplinary collaborations being initiated that aim to address tensions between various (...) normative expectations about science and engineering and the actual outcomes. However, despite pleas to integrate social science research into the ethics of technology, effective normative models for assessing technologies are still scarce. Rawls’s wide reflective equilibrium is often mentioned as a promising approach to integrate insights from the social sciences in the normative analysis of concrete cases, but an in-depth discussion of how this would work in practice is still lacking. In this article, we explore to what extent the WRE method can be used in the context of technology development. Using cases in engineering and technology development, we discuss three issues that are currently neglected in the applied ethics literature on WRE. The first issue concerns the operationalization of abstract background theories to moral principles. The second issue concerns the inclusiveness of the method and the demand for openness. The third issue is how to establish whether or not an equilibrium has been reached. These issues should be taken into account when applying the methods to real-world cases involving technological risks. Applying the WRE method in the context of engaged interdisciplinary collaboration requires sensitivity for issues of power and representativeness to properly deal with the dynamics between the technical and normative researchers involved as well as society at large. (shrink)

ABSTRACT Liberal theory has failed to provide theocrats who are aggrieved by the sinful practices widespread in liberal societies good reasons to tolerate these sins. Moreover, liberal theory has faltered in identifying grounds on which to impose regulations that violate theocrats? religious doctrines. These challenges must be met if liberalism is to temper religious discord and to maintain its own relevance in a world replete with theocratic conceptions of the good.

Most agree that when it comes to so-called 'first-order' normative ethics and political philosophy, constructivist views are a powerful family of positions. When it comes to metaethics, however, there is serious disagreement about what, if anything, constructivism has to contribute. In this paper I argue that constructivist views in ethics include not just a family of substantive normative positions, but also a distinct and highly attractive metaethical view. I argue that the widely accepted 'proceduralist characterization' of constructivism in ethics is (...) inadequate, and I propose what I call the 'practical standpoint characterization' in its place. I then offer a general taxonomy of constructivist positions in ethics. Since constructivism's standing as a family of substantive normative positions is relatively uncontested, I devote the remainder of the paper to addressing skeptics' worries about the distinctiveness of constructivism understood as a metaethical view. I compare and contrast constructivism with three other standard metaethical positions with which it is often confused or mistakenly thought to be compatible: realism; naturalist reductions in terms of an ideal response; and expressivism. In discussing the contrast with expressivism, I explain the sense in which, according to the constructivist, the distinction between substantive normative ethics and metaethics breaks down. I conclude by distinguishing between two importantly different debates about the mind-dependence of value. I argue that a failure to make this distinction is part of what explains why the possibility of constructivism as a metaethical view is often overlooked. (shrink)

Various theories have been put forward in an attempt to explain what makes moral judgments justifiable. One of the main theories currently advocated in bioethics is a form of coherentism known as wide reflective equilibrium. In this paper, I argue that wide reflective equilibrium is not a satisfactory approach for justifying moral beliefs and propositions. A long-standing theoretical problem for reflective equilibrium has not been adequately resolved, and, as a result, the main arguments for wide reflective equilibrium are unsuccessful. Moreover, (...) practical problems that arise in using the method of wide reflective equilibrium undermine the idea that it is a viable approach for justifying moral judgments about cases and policies. Given that wide reflective equilibrium is the most prominent version of coherentism, these considerations call into question the coherentist approach to justification in bioethics. (shrink)

Many forms of contemporary morality treat the individual as the fundamental unit of moral importance. Perhaps the most striking example of this moral vision of the individual is the contemporary global human rights regime, which treats the individual as, for all intents and purposes, sacrosanct. This essay attempts to explore one feature of this contemporary understanding of the moral status of the individual, namely the moral significance of a subject’s actual affective states, and in particular her cares and commitments. I (...) argue that in virtue of the moral significance of actual individuals, we should take actual cares and values very seriously—even if those cares and values are not expressions of the person’s autonomy—as partially constituting that individual as a concrete subject who is the proper object of our moral attention. In particular, I argue that a person’s actual cares and values have non-derivative moral significance. Simply because someone cares about something, that care is morally significant. In virtue of this non-derivative moral significance of cares, we ought to adopt of a commitment to accommodate others’ cares and a commitment not to frustrate their cares. (shrink)

The article deals with the question whether an unconditional basic income is part of an ideal liberal-egalitarian welfare regime. Analyzing UBI from an ideal-theoretical perspective requires a comparison of the justice performance of ideal welfare regimes instead of comparing isolated institutional designs. This holistic perspective allows for a more systematic consideration of issues like institutional complementarity. I compare three potential ideal welfare regimes from a liberal-egalitarian perspective of justice: An ideal social democratic regime, a mixed regime containing a moderate UBI (...) and a maximal UBI regime where UBI replaces most of the welfare state. These regimes are evaluated with respect to three aspects of justice performance: the scope and neutrality of opportunities provided, institutional complementarities with a dynamic, globalized economy and the policy feedback effects on the political stability of liberal-egalitarian political coalitions. I conclude that the overall performance of a mixed regime is superior to the other regimes. (shrink)

Liberalism welcomes diversity in substantive ideas of the good but not in the process whereby these ideas are formed. Ideas of the good acquire weight on the presumption that each is a person's own, formed independently. But people differ in their capacities to conceptualize. Some, appropriately characterized as cerebral, are proficient in and profoundly involved with conceptualizing. Others, labeled cognitively disabled, range from individuals with mild limitations to those so unable to express themselves that we cannot be sure whether their (...) behavior is mediated by concepts at all. Constricted cognitive capacities have been thought to prevent participation in the prescribed process for forming personalized ideas of the good. So liberal theory, when formulating principles and practices of justice, often disregards cognitively disabled peoples' perspectives. We put aside metaphysically driven notions about personhood and show how interpersonal processes of “prosthetic” thinking (different from surrogacy) can satisfy liberalism's standards, positioning cognitively disabled individuals as fully participating subjects of justice. (shrink)

Many theories of social justice maintain that concern for the social bases of self-respect grounds demanding requirements of political and economic equality, as self-respect is supposed to be dependent on continuous just recognition by others. This paper argues that such views miss an important feature of self-respect, which accounts for much of its value: self-respect is a capacity for self-orientation that is robust under adversity. This does not mean that there are no social bases of self-respect that such theories ought (...) to incorporate. It means that they are different: they consist of the motivational and epistemic resources needed to develop and maintain such robustness. (shrink)

The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the ‘protecting’ intuition, using some more powerful intuition specially invoked (...) by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from ‘desert’ in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore’s, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised. -/- . (shrink)

Public justification-based accounts of liberal legitimacy rely on the idea that a polity’s basic structure should, in some sense, be acceptable to its citizens. In this paper I discuss the prospects of that approach through the lens of Gerald Gaus’ critique of John Rawls’ paradigmatic account of democratic public justification. I argue that Gaus does succeed in pointing out some significant problems for Rawls’ political liberalism; yet his alternative, justificatory liberalism, is not voluntaristic enough to satisfy the desiderata of a (...) genuinely democratic theory of public justification. So I contend that—pace Gaus, but also Rawls—rather than simply amending political liberalism, the claims of justificatory liberalism bring out fatal tensions between the desiderata of any theory of liberal-democratic legitimacy through public justification. (shrink)