Philosophers have long distinguished various interpretations of the principle of equal opportunity and argued over their implications and justifications. But they have almost always tacitly assumed that the context was a national one. They have not, in particular, considered whether some interpretation of the principle could apply and be justified globally, that is, to all people without regard to their nationality or citizenship. Yet, such an investigation is clearly demanded. The leading moral theories seem to support a case for at (...) least some interpretation of the equal opportunity principle, and it is not obvious that they can support it only domestically.Consider, first, those moral theories which place great value on negative liberty, for example, libertarianism. Libertarianism supports a standard interpretation of the equal opportunity principle – “formal” equality of opportunity; formal equality of opportunity requires that legal restrictions j on the taking of opportunities be lifted, and such restrictions diminish negative liberty. But libertarianism would also seem to support a global. version of formal equality of opportunity, for example, that laws be rescinded which require that candidates for jobs in a country be citizens of that country, or which restrict emigration or immigration. Such laws also diminish negative liberty.Or consider those moral theories which place great value on efficiency, for example, utilitarianism. Utilitarianism probably supports formal equality of opportunity because legal restrictions on the taking of opportunity not only diminish negative liberty, but also often prevent talent and skill from going where it can best be used and thus reduce efficiency. (shrink)

John Rawls is frequently perceived as being an advocate for purely redistributive policies designed to mitigate the consequences of a capitalist economy — an assumption I challenge in this article. My objective is to elucidate the biased nature of this view and provide a comprehensive analysis of the transformation of the corporate landscape that a just society would entail within Rawls's framework. Through a meticulous examination of Rawls's delineation of economic regimes, I underscore the profound — and often unsuspected — (...) implications of liberal egalitarianism on corporate ownership and management. Rawls's proposition of a “property-owning democracy” posits that citizens should retain ownership of shares in companies throughout their lifetimes. Liberal socialism implies the nationalization of the means of production and the socialization of their management. (shrink)

Para quienes tengan interés en la filosofía moral y política contemporánea la obra de John Rawls es sin discusión una parada necesaria. De hecho, la tesis de Robert Nozick según la cual resulta imposible hacer filosofía moral y política sin considerar el marco ofrecido por Rawls, aunque parezca extrema, resulta bastante acertada. En gran medida el impacto de la obra de Rawls radica en su interés por ofrecer una teoría sustantiva de la justicia, teoría que hundiendo sus raíces en la (...) tradición de la filosofía sea capaz de orientarnos al momento de abordar las discusiones contemporáneas sobre justicia social. -/- En los trabajos que componen este libro el lector podrá encontrar una discusión actualizada sobre aquellos elementos que definen la base moral y política que Rawls presentó como fundamento de su teoría de la justicia. Al mismo tiempo, estos ensayos intentan construir un puente entre la justicia como equidad y otras tradiciones de la filosofía moral y política contemporánea. Para lograr este último fin, varios de los trabajos que aquí se presentan consideran las ideas de reconocimiento y autorrespeto como claves de interpretación de la obra de Rawls. (shrink)

The so-called liberal-communitarian debate in the 1980s was one of the most remarkable debates in Anglo-American political philosophy. While John Rawls was the most well-known thinker from the liberal camp, it can be said that Michael J. Sandel best represented the communitarian critique of Rawls' political theory. Nevertheless, for many scholars, especially liberal political theorists, Sandel's criticism of Rawls is misleading in many aspects due to his misunderstanding of Rawls' theory. This paper wants to reexamine this allegation against Sandel by (...) dealing with three objections against Sandel's criticism of Rawls claiming that Sandel misreads and misunderstands Rawls. The sociology objection interprets Sandel as saying that Rawls' conception of the person reflects a sociological account of humans. The metaphysics objection interprets Sandel as saying that Rawls' conception of the person explains a metaphysical account of humans. The private morality objection interprets Sandel as saying that Rawls' conception of the person reflects a moral ideal of humans. This paper offer a careful rereading of Sandel, and argues that he does not misread or misunderstand Rawls as his critics claim. Therefore, these three objections are misleading. (shrink)

Summary Liberals, from Mill to Rawls see personal autonomy as paramount in civil society. They see human dignity to consist essentially in personal autonomy, that is, ?in the ability of each person to determine for himself or herself a view of the good life? (Taylor, C. (1992) p. 27). Multiculturalism and ?The Politics of Recognition? p. 57 (Princeton, Princeton University Press). This emphasis on personal autonomy underlies much of liberal emphasis on freedom of conscience, justice, rights and fairness. Its core (...) thesis is that a just society seeks not to promote any particular view of the good life, but enables its citizens to pursue their own ends consistent with a similar liberty for all others. Yet, when some citizens in America attempted to pursue their own view of the good life, they came up against head?on conflict with the liberal state. These groups saw civic education with its emphasis on individual choice, on reflecting and weighing of alternative viewpoints and on personal autonomy, as threatening to their way of life and to their fundamental religious beliefs, and consequently they challenged the state in the courts. What ensued raised profound educational problems for educating children, parental rights, and the right of the State in a liberal democratic society, which are discussed in this paper. (shrink)

It is a commonplace that in many societies people adhere to profoundly different conceptions of the good. Given this we need to know what political principles are appropriate. How can we treat people who are committed to different accounts of the good with fairness? One recent answer to this pressing question is given by Brian Barry in his important work Justice as Impartiality. This book, of course, contains much more than this. It includes a powerful and incisive discussion of several (...) accounts of distributive justice, a critique of other attempts to defend liberal neutrality and a rebuttal of those who are critical of the ideal of impartiality. In this paper I wish, however, to focus on Barry's defence of liberal neutrality. The paper falls into three parts. Section I outlines the thesis that Barry wants to defend and gives a brief sketch of the argument he employs to defend it. Barry's argument makes two claims – what I have termed the Sceptical Thesis and the Agreement Thesis. Section II therefore critically assesses Barry's defence of the sceptical thesis and Section III examines the agreement thesis. (shrink)

A careful, theoretical clarification of gender roles has only recently begun in social and political philosophy. It is the aim of the following piece to reveal that an analysis of women’s traditional position - her distinctive activities, labor and surrounding sense of ‘mine’ - can not only make valuable contributions towards clarifying traditional property disputes, but may even provide elements for a new conception of ownership. By way of illustration, the article focusses on the influential work of John Rawls and (...) argues that - when Rawls’s own analysis and principles of justice are supplemented by an account of what is here called ‘reproductive labor’ - his theory in fact tends to a form of democratic socialism. Stated somewhat differently, my aim is to shift the terms of the property debate as posed by Rawls fromwithinhis own position. I hope to show that the real ownership question which now emerges is no longerwhether‘justice as fairness’ countenances a private property or socialist form of democracy, but what preciseformsuch a socialism should take. (shrink)

Must a society aim indefinitely for continued economic growth? Proponents of economic growth advance three central challenges to the idea that a society, having attained high levels of income and wealth, may justly cease to pursue further economic growth: if environmentally sustainable and the gains fairly distributed, first, continued economic growth could make everyone within a society and globally, and especially the worst off, progressively better off; second, the pursuit of economic growth spurs ongoing innovation, which enhances people’s opportunities and (...) protects a society against future risks; and third, continued economic growth fosters attitudes of openness, tolerance, and generosity, which are essential to the functioning of a liberal democratic society. This article grants these challenges’ normative foundations, to show that, even if one accepts their underlying premises as requirements of justice, a society may still justly cease to aim for economic growth, so long as it continues to aim for and realize gains on other dimensions. I argue that, while continued economic growth might instrumentally serve valuable ends, it is not necessary for their realization, as a society can achieve these ends through other means. (shrink)

It is becoming popular among contemporary philosophers to view liberalism as a political morality which rests on a fundamental moral requirement that persons are to be treated equally according to a certain conception of equal respect and concern. On this view, the liberal conception of equal respect and concern requires that conflicts of interests must be decided by appeal to principles which are rationally justifiable on grounds that are neutral or impartial between persons and their competing conceptions of the good (...) life. Ronald Dworkin has expressed this view by contrasting liberalism with political moralities that are founded on conceptions of what constitutes treating persons equally which are ‘at least partly determined by some conception of the good life.‘. (shrink)

La neutralité bienveillante est parfois considérée comme la seule politique linguistique compatible avec l’impératif de neutralité de l’État libéral. Un argument en faveur d’une telle position est celui de la coïncidence entre l’équilibre des choix individuels et l’optimalité des résultats. Nous démontrons que la présence d’échecs de marché empêche cette coïncidence sur le marché linguistique et que des interventions étatiques, dont la nature demeure à préciser, sont alors nécessaires pour rétablir cette coïncidence.Benign neglect is sometimes considered the only language policy (...) available for a neutral liberal state. An argument supporting this position is the coincidence of choices equilibrium and results optimality. We show that market failures on the linguistic market breaks this coincidence and therefore that some state interventions are legitimate even from a laisser-faire framework. (shrink)

The main objective of Micheal Sandel’s Liberalism and the Limits of Justice was to attack the concept of deontology, as formulated by John Rawls. In this article, I argue that Sandel interpreted the concept of deontology in a misleading way. There is a difference between how Rawls defined this concept and how it was interpreted by Sandel. Given this, the first part of this article will analyze the way Sandel interpreted the Rawlsian concept of deontology. The second part presents an (...) assessment of the clash between the two authors in light of the differences in the way both of them understood the meaning of deontology in political liberalism. (shrink)

Conceptions of desert and responsibility have had a powerful influence in justifying economic inequality. Currently, they are being reaffirmed in policies advocated by the centre left in Britain. In contrast, luck egalitarianism, one of the dominant theoretical positions in contemporary political philosophy, puts equality at the top of the agenda and notoriously undermines traditional notions of desert and rejects the conception of personal responsibility on which traditional ideas rely. Although luck egalitarians are sceptical about desert and redefine responsibility to reduce (...) its role in arguments for just distribution, they nevertheless retain a commitment to holding people responsible for the distributive consequences of what they freely choose to do. They attempt to demonstrate that equality can be reconciled with responsibility. I will argue that luck egalitarians have not gone far enough in eliminating desert and responsibility from the armoury of social justice, and that their own arguments should have led them to do so. My aim in this article is to push the ideas implicit in luck egalitarian's arguments to their logical conclusion. I argue that for practical and conceptual reasons, they should have formulated their theories as though hard determinism is true, or nearly true, even if it is not. Denying the pertinence of judgements of desert and responsibility to questions of distributive justice removes an obstacle to egalitarian aims by suggesting a more egalitarian distribution than one that is hostage to voluntary choice. It could be accepted that luck egalitarianism cannot accommodate the concept of personal responsibility without accepting the conclusion that considerations of responsibility should be abandoned. However, any plausible account of responsibility would demonstrate that existing inequalities are undeserved, and that these inequalities make a mockery of politicans current emphasis on personal responsibility. (shrink)

This Bible quotation can be understood as a rudimentary conception of personal morality, affirming that the moral assessment of your life depends, in part, upon your conduct toward your least fortunate neighbors. But a conception of personal morality does not capture all that matters morally about our lives - we must also consider our social institutions. These may be morally flawed; for example, they may define positions of utter dependence. And such flaws are not natural or necessary. Social institutions are (...) created, perpetuated, and changed by human beings, who may then bear some responsibility for such flaws. Thus morality may demand more than to treat the oppressed with kindness and charity: It may require efforts toward institutional reform. And such a requirement presupposes a further moral conception: for the assessment of social institutions. (shrink)

This article assesses the development of Rawls’s thinking in response to a generation of feminist critique. Two principle criticisms are sustainable throughout his work: first, that the family, as a basic institution of society, must be subject to the principles of justice if its members are to be free and equal members of society; and, second, that without such social and political equality, justice as fairness is as meaningful to women as the unrealized promise of ‘Forty acres and a mule’ (...) was to the newly freed slaves. (shrink)

Luck egalitarians argue that distributive justice should be understood in terms of our capacity to be responsible for our choices. Both proponents and critics assume that the theory must rely on a comprehensive conception of responsibility. I respond to luck egalitarianism’s critics by developing a political conception of responsibility that remains agnostic on the metaphysics of free choice. I construct this political conception by developing a novel reading of John Rawls’ distinction between the political and the comprehensive. A surprising consequence (...) is that many responsibility-based objections to luck egalitarianism turn out to be objections to Rawls’ political liberalism as well. (shrink)

: In a reading of René Descartes's The Passions of the Soul, Luce Irigaray explores the possibility that wonder, first of all passions, can provide the basis for an ethics of sexual difference because it is prior to judgment, and thus nonhierarchical. For Descartes, the passion of generosity gives the key to ethics. I argue that wonder should be extended to other differences and should be combined with generosity to form the basis of an ethics.

In a suggestive reading of Descartes’ The Passions of the Soul, Luce Irigaray explores the possibility that the passion of wonder, the first of all the passions, can provide the basis for an ethics of sexual difference. Wonder is the first of all passions because it has no opposite, is prior to judgment and comparison, and because it is united to most other passions. Wonder is surprise at the extraordinary, and Irigaray believes it is the ideal way for women and (...) men to regard each other, as it is prior to judgement, and thus free of hierarchical relations, contrary to traditional ethics. In this sense, it leaves us open to new experiences and the distinctiveness of the other. For Descartes, a different passion, the passion of generosity, gives the key to ethics. Generosity is a species of wonder combined with love, which he understands as proper self-esteem. This proper self-esteem ensures that we have appropriate esteem for others by recognising them as like ourselves in the most important respects – the capacity to exercise free will and the resolve to use it well. He believes that if we value ourselves appropriately, then we will respond to others appropriately. This passion must be cultivated as a habit and virtue. In this paper, I examine how wonder and generosity can be linked to ethics, the relationship between these two passions, and Iris Marion Young’s view that Irigaray’s understanding of wonder can easily be extended to any structured social difference, such as race, class and religion by adopting a stance of ‘moral humility’ and accepting that our relations with others are asymmetrically reciprocal. (shrink)

Conceptions of desert and responsibility have had a powerful influence in justifying economic inequality. Currently, they are being reaffirmed in policies advocated by the centre left in Britain. In contrast, luck egalitarianism, one of the dominant theoretical positions in contemporary political philosophy, puts equality at the top of the agenda and notoriously undermines traditional notions of desert and rejects the conception of personal responsibility on which traditional ideas rely. Although luck egalitarians are sceptical about desert and redefine responsibility to reduce (...) its role in arguments for just distribution, they nevertheless retain a commitment to holding people responsible for the distributive consequences of what they freely choose to do. They attempt to demonstrate that equality can be reconciled with responsibility. I will argue that luck egalitarians have not gone far enough in eliminating desert and responsibility from the armoury of social justice, and that their own arguments should have led them to do so. My aim in this article is to push the ideas implicit in luck egalitarian's arguments to their logical conclusion. I argue that for practical and conceptual reasons, they should have formulated their theories as though hard determinism is true, or nearly true, even if it is not. Denying the pertinence of judgements of desert and responsibility to questions of distributive justice removes an obstacle to egalitarian aims by suggesting a more egalitarian distribution than one that is hostage to voluntary choice. It could be accepted that luck egalitarianism cannot accommodate the concept of personal responsibility without accepting the conclusion that considerations of responsibility should be abandoned. However, any plausible account of responsibility would demonstrate that existing inequalities are undeserved, and that these inequalities make a mockery of politicans current emphasis on personal responsibility. (shrink)

In any complex human society, distinct persons may have strikingly different standards of living. Those who lead the most undesirable, poorest lives in society can be called the worst off. Given that we almost always do not want to be, but some have to be, the worst off, we may want to find a right way to treat the worst off. In the West, John Rawls has proposed a conception of justice as fairness, and in the East, Confucius and Mencius (...) have developed conceptions of ren and yi partly in order to deal with social injustice in the distribution of benefits and the problem of the worst off. Their conceptions and proposed solutions provide valuable ideas, which through comparison may be better assessed and then employed, or even combined, to address the problem. In this essay, I try to examine and compare their conceptions of distributive justice and the worst off, and then expound their suggested solutions to the problem and propose a provisional answer on the basis of those ideas. (shrink)

Butler refused to be satisfied with just one leading principle, or rational basis for human action, but in the end settled for three: self-love, to provide for our ‘own private good’; benevolence, to consider ‘the good of our fellow creatures’ ; and conscience, ‘to preside and govern’ over our lives as a whole. By so doing he hoped to ensure a completeness to our ethical scheme, so that nothing would be omitted from our moral deliberations. Yet by so doing he (...) also exposed himself to severe criticism. For any such appeal to a plurality of principles, as Green remarked, is ‘repugnant both to the philosophic craving for unity, and to that ideal of “singleness of heart” which we have been accustomed to associate with the highest virtue’. More specifically, by appealing to a plurality of principles Butler faced the charges of circularity, where the principles come to define and defend each other; inconsistency, where the principles ‘take turns’ at being primary and hence render each other superfluous; and incompleteness, where the ‘primary principle’ is itself undefined or undefended. As the tale has been told Butler stands accused of all three of these errors. (shrink)

Deontological (as opposed to consequentialist) liberals treat freedom of action as an end in itself, not a means to other ends. Yet logically, when one makes a deliberate choice, one treats freedom of action as if it were not an end in itself, for one uses this freedom as a means to the ends one hopes to achieve through one's action. The tension between deontology and the logic of choice is reflected in the paradoxical nature of the ?right to do (...) wrong?; and in Rawls's unsuccessful attempts to justify to acting agents their interest in such a right, embodied in his conception of agents as ?self-validating sources of claims.? A self-validating source of claims is akin to God as envisioned by voluntarist theologians such as Ockham. Leibniz's critique of voluntarism, then, is applicable to the Rawlsian subject: like the voluntarist God, she would be unable to act if it were indeed the case that her action validated itself. (shrink)

This paper identifies six basic languages of morals and shows that while in general it is impossible to say that one moral language is better, some languages are better for the purpose of characterizing international corporate responsibility. In particular, moral languages that imly minimum rather than perfectionist standards of behavior, and which are not overly dependent on analogy with human moral psychology, are better than ones ranging broadly over both minimum and maximum standards and requiring analogy to human beings. Languages (...) based in rights and duties, avoidance of harm, and social contracts, are better for understanding international corporate ethics than ones based in virtues, self control, or the maximization of human happiness. (shrink)

Difficult moral issues in economic life, such as evaluating the impact of hostile takeovers and plant relocations or determining the obligations of business to the environment, constitute the raison d'etre of business ethics. Yet, while the ultimate resolution of such issues clearly requires detailed, normative analysis, a shortcoming of business ethics is that to date it has failed to develop an adequate normative theory.1 The failing is especially acute when it results in an inability to provide a basis for fine-grained (...) analyses of issues. Both general moral theories and stakeholder theory seem incapable of expressing the moral complexity necessary to provide practical normative guidance for many business ethics contexts. (shrink)

Se presenta aquí brevemente la teoría de la justicia elaborada por Rawls, primeramente sobre una base moral, y luego (en el llamado segundo Rawls) la teoría de justicia desde una perspectiva política, con la que Rawls intenta justificar también la existencia del Estado, mediante un contrato social. Se analizan después las primeras críticas realizadas a su teoría. Se sostiene la tesis de que la conveniencia se convierte, sin desearlo, en utilidad, en Rawls, y ésta se convierte en sinónimo de justicia. (...) Se critica esta concepción dado que la elección hecha por la mayoría, para la conveniencia de la mayoría, no hace a una ley justa. Se advierte, además, que la idea de la igualdad considerada, sin más, sinónimo de justicia social, requiere una profunda reflexión. Se realiza, pues, un análisis de los presupuestos de la idea de justicia rawlsiana en cuanto parece identificarse con la idea de utilidad general y distorsionándose la misma idea de justicia. (shrink)

In a reading of René Descartes's The Passions of the Soul, Luce Irigaray explores the possibility that wonder, first of all passions, can provide the basis for an ethics of sexual difference because it is prior to judgment, and thus nonhierarchical. For Descartes, the passion of generosity gives the key to ethics. I argue that wonder should be extended to other differences and should be combined with generosity to form the basis of an ethics.

1. There is no dearth of objections to Rawls's A Theory of justice. Scores of articles and several books begin by praising the rigor and depth of Rawls's book — and end by concluding that it is thoroughly mistaken. In the present essay I will not add to the list of negative responses to A Theory of Justice. Instead I will attempt to reply to Rawls's critics in a way which makes a positive contribution to his theory.2. Among the many (...) objections that have been raised against Rawls's theory, two are of paramount importance. It is these two objections I shall attempt to meet. They may be formulated as follows. (shrink)

The market failures approach is amongst the most influential theories of business ethics. Its interest within the field is, in large part, a result of its rejection of moralism and any sort of applied ethics approach, favouring, in contrast, a focus on the institutionally embodied goal of economic activity, which it takes to be that of Pareto efficiency. From this articulation of the goal, or purpose, of markets, a set of efficiency imperatives are derived that are taken to comprise the (...) implicit morality of the market. However, the market failures approach has not adequately explained the basis of market actors’ moral motivation, that is, the reasons individuals have to self-consciously adhere to moral norms governing market transactions. This failure, I argue, stems from its misspecification of the purpose of the market. After explaining this failure to address the problem of moral motivation, I argue that a distinctive mode of freedom understood as a form of self-authorship is better seen as the purpose of the market, a goal that actually animates individual market participants. I then argue that this notion of freedom is intrinsically linked to a conception of responsibility and that this notion of responsibility can be more adequately conceptualized as involving a set of market virtues focused on promoting mutually beneficial transactions. Thus, the link between freedom and responsibility, stemming from an individual’s need to legitimize their freedom in a market context, provides the basis for a self-conscious sense of moral motivation. As such, this approach better captures the implicit morality of the market while also addressing the problem of moral motivation. (shrink)