This paper compares Joseph Heath’s critique of the just deserts rationale for markets with an earlier critique due to Frank Knight, Milton Friedman, and Friedrich Hayek. Heath shares their emphasis upon the role of luck in prices based on supply and demand. Yet he avoids their claim that the inheritance of human capital is on a moral par with the inheritance of ordinary capital, as a basis for unequal shares of the social product. Heath prefers to argue that markets do (...) not tend to reward talent as such. The paper raises some doubts about this factual claim, and argues that sweeping the issue of talent under the rug threatens to make our theory of justice less egalitarian than it would otherwise be. The paper also addresses the objection that claims of unfairness based on the arbitrariness of the distribution of innate abilities will undermine self-respect. (shrink)

Ecological thought has made a deep and apparently lasting impact on virtually every tradition in political theory (cf. e.g. Dobson, 2007) with the exception of libertarianism. While left- and right...

Political liberalism’s central commitments to recognizing reasonable pluralism and institutionalizing a substantive conception of justice are inconsistent. If reasonable pluralism applies to conceptions of justice as it applies to conceptions of the good, then some reasonable people will reject even many liberal conceptions of justice as unreasonable. If so, then imposing these conceptions of justice on citizens violates the liberal principle of legitimacy and related public justification requirements. This problem of justice pluralism requires that political liberals abandon their commitment to (...) institutionalizing a substantive conception of justice. Instead, political justification should be limited to the public justification of a modest scheme of rights and a set of constitutional rules. Justice pluralism chastens the ambitions of political liberalism while pushing the political liberal research program in new and promising directions. (shrink)

ABSTRACTThe ten essays in this symposium offer a rich and varied set of challenges to the market-democratic research program. Rather than replying to each critic in turn, I respond only to the main lines of critical challenge raised in this collection: that my account of thick economic liberty is too vague, that economic liberties are not basic, that market democracy gives too little attention to socialist possibilities, that market democracy can accommodate only an impoverished conception of fair equality of opportunity, (...) and, most notably, that market democracy is grounded upon a tendentious or “bourgeois” conception of the person. To meet these criticisms, I refine a central claim of market democracy: that the right to private ownership of productive property is a basic right. In response to the worry that market democracy allows for class domination, I revise market democracy on the issue of bequests. After replying to the critics I extend my challenge to social democracy, presenting an historical argument against liberal democratic socialism. (shrink)

:Self-ownership has fallen out of favor as a core moral and political concept. I argue that this is because the most popular conception of self-ownership, what I call the property conception, is typically linked to a libertarian political program. Seeing self-ownership and libertarianism as being necessarily linked leads those who are not inclined toward libertarianism to reject the idea of self-ownership altogether. This, I argue, is a mistake. Self-ownership is a crucial moral and political concept that can earn its keep (...) if we understand it not as type of property right in the self, but rather as a set of territorial rights one has over one’s body. This territorial conception of self-ownership, which I call the sovereignty conception of self-ownership, avoids the traditional arguments raised against the property conception of self-ownership and has other benefits besides. Accepting this conception of self-ownership, I argue, has considerable moral and political benefits without taking on the costs associated with other forms of self-ownership. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

While John Tomasi's Free Market Fairness is ambitious, provocative, and does much to reinvigorate debate about economic justice, his argument for market democracy is not compelling. I discuss two objections. First, I offer doubts about whether “thick” economic freedom is a condition of democratic legitimacy. While Tomasi raises the intriguing possibility that liberal commitments may justify a somewhat more expansive list of economic rights than traditionally recognized, he fails to give a well-worked-out account of these rights. Instead, he argues for (...) unfettered economic liberty without adequately connecting it to citizens' self-authorship, or showing how it could feasibly be protected alongside other basic liberties. Second, I argue that a concern for citizens' agency and economic self-authorship should lead us to endorse a social-democratic regime, not a market-democratic one. Market democracy leaves out or heavily revises key aspects of justice as fairness as developed by Rawls, including fair equality of opportunity and the fair value of the political liberties. Moreover, while Tomasi claims that social democracy rests on a perfectionist prioritizing of citizens' status over their agency, I argue that social democracy is best defended on agency-based grounds. (shrink)

What is the relationship between justice as an individual virtue and justice as an institutional virtue? The latter has been exhaustively explored by political philosophers, whereas the former remains underexplored in the literature on virtue ethics. This article defends the view that individual justice is logically prior to institutional justice, and argues that this view requires a conception of individual justice I call ‘justice as lawfulness’. The resulting view consists of three claims. First, just institutions are composed of the relations (...) between just persons. Second, the just person has a disposition to act in accordance with the legal and social norms (collectively, thenomoi) of the existing political tradition. Third, departures from thenomoirequire that the just person act with practical wisdom to reform thenomoiaccording to an implicit standard of justice in the political tradition. (shrink)

This article argues that current economic upheaval should be understood as a problem of domination, in two respects: the ‘dyadic’ domination of one actor by another, and the ‘structural’ domination of individuals by a diffuse, decentralized, but nevertheless human-made system. Such domination should be contested through specifically democratic political mobilization, through institutions and practices that expand the political agency of citizens themselves. The article advances this argument by synthesizing two traditions of political thought. It reconstructs radical democratic theory from the (...) Progressive Era. These thinkers in turn help to reinforce contemporary debates in neorepublican thought, resolving disputes over the scope of domination and the relationship between domination and democracy. This synthesis offers a novel normative framework for diagnosing and responding to the current combination of economic upheaval and political dysfunction. (shrink)

In Free Market Fairness, John Tomasi defends classical-liberal principles not because of real-world considerations but on ideal-theoretic grounds. However, what constitutes a sufficiently “ideal” ideal theory is debatable since, as Tomasi shows, regimes that range from laissez faire to heavily interventionist can all be classified as legitimate from the perspective of ideal theory. Conversely, if ideal theory can allow for realistic constraints, as Rawls does, then we should recognize that even under ideal-theoretic conditions, political actors face logistical, epistemic, and motivational (...) challenges that only intensify in the real world, where questions of feasibility become paramount. (shrink)

According to John Tomasi's Free Market Fairness, there are serious constraints on what a liberal state may do to promote economic justice. Tomasi defends this claim by arguing that important economic liberties ought to be regarded as “basic” and given special priority over other liberal concerns, including those of economic justice. I argue that Tomasi's defense of this claim is unsuccessful. One problem takes the form of a dilemma: depending on how the claim is formulated more precisely, Tomasi's argument seems (...) either to be compatible with standard (e.g., Rawlsian) liberalism or to tell against even the minimal taxation that would be necessary to support the social safety net he supports. Second, granting “basic” status to economic liberties would in many cases defeat the goal, self-authorship, that Tomasi sees himself as sharing with other liberals. Third, contrary to Tomasi's suggestions, no inconsistency arises when liberals (such as Rawls) refuse to recognize the economic liberties as basic. Fourth and finally, the special significance that Tomasi attaches to agency does not provide any additional reason for accepting Tomasi's conclusions. (shrink)

The main question dividing classical and high liberals is about how economic rights rank compared to other rights and public goals. That is, the question is about what can or cannot outweigh such rights. High liberals argue that economic rights can be outweighed by any legitimate state interest, such that they are prima facie rights. Neoclassical liberals, conversely, have recently sought to elevate economic rights to basic rights, which could then only be outweighed by other basic rights. This paper shows (...) where the real debate should be for classical liberals, challenging Samuel Freeman’s widely held distinction between classical and high liberalism. Economic rights are prima facie for all liberals in that they can be outweighed by, say, considerations of utility or social justice. Although neoclassical liberals are correct to say that such rights are much more important than high liberals normally recognize, it does not follow that economic rights are basic. (shrink)

Most criticism and exposition of John Rawls’s political theory has focused on his account of distributive justice rather than on his support for liberalism. Because of this, much of his argument for protecting the basic liberties remains under explained. Specifically, Rawls claims that representative citizens would agree to guarantee those social conditions necessary for the exercise and development of the two moral powers, but he does not adequately explain why protecting the basic liberties would guarantee these social conditions. This gap (...) in his argument leads to two problems. First, the Rawlsian argument for the priority of liberty would fail if the gap could not be filled. His argument would still support the protection of individual freedoms, but these freedoms would be treated like other primary goods and regulated by the difference principle. Second, without a full argument, there is not sufficient reason to favor Rawls’s left-liberal conception of the basic liberties over a more right-leaning conception that would prioritize the protection of free-market rights. To address these two problems, this paper fills in the gap in order to better explain Rawls’s full argument for egalitarian liberalism. (shrink)

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify the pay (...) of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

This paper investigates a series of normative principles that are used to justify different aspects of executive compensation within business firms, as well as the remuneration of lower-ranking employees. We look at how businesses perform pay benchmarking; employees’ engagement, fidelity and loyalty ; and the acceptability of what we call both-ends-dipping, that is, receiving both ex ante and ex post benefits for the same work. We make two observations. First, either different or incoherent principles are used to justify the pay (...) of executives compared to employees, or the same principles are applied differently. Second, these differences or inconsistencies tend to be to the benefit of executives and/or to the detriment of employees. We conclude by asking whether there is any reason for thinking differently about executive pay than we do about employee pay. Our analysis leads us to question the principles justifying current executive compensation and to wonder if these principles are potentially being instrumentalized to serve other ends. (shrink)

There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...) us all poorer and less free. Like Rawls, Hayek held that we should assess social institutions from behind a veil of ignorance, and he thought that doing so pushed us toward egalitarianism. Most of the distance between Hayek and Rawls at the level of policy stems from Hayek's optimism about the operation of markets, his equivocation about the meaning of central concepts, and his appeal to under-argued slippery slopes. Hayek wavered, however, between claiming that private property and markets benefit everyone, compared to the feasible alternatives, and the principle that they maximize the opportunities of a randomly selected member of society, i.e., aggregate opportunity. Contemporary Hayekians claim that capitalism raises the position of the worst off in the long run, in future generations, whereas Rawlsians insist that inequalities between social positions should benefit the worst off now. (shrink)

:Libertarianism is a political philosophy whose defenders have set its foundations in the principle of self-ownership. But self-ownership supplies an uncertain basis for such a theory as it is prone to a number of serious difficulties, some of which have been addressed by libertarians but none of which can ultimately be overcome. For libertarianism to be a plausible way of looking at the world, it must look elsewhere for its basic principles. In particular, it needs to rethink the way it (...) understands property and its foundations. (shrink)

John Tomasi's “market democrat” is right to suppose that Rawlsians have erred in omitting economic liberty from their theories of justice. A Rawlsian ought to include economic liberty as a basic freedom because it facilitates individuals' development and pursuit of their conceptions of the good. However, the most plausible version of economic liberty will require the state to guarantee, if possible, that no one will be driven by economic desperation to engage in immiserating work, which may impair rather than facilitate (...) his or her pursuit of the good. There is reason to worry that contemporary economies such as the United States fall seriously short of that ideal. (shrink)

ABSTRACTJohn Tomasi's Free Market Fairness claims to provide a principled defense of classical-liberal institutions. Respect for the development of our moral powers or “self-authorship,” according to Tomasi, requires that we make certain economic liberties basic, including freedom of contract and the right to accumulate property. Yet Tomasi's principles and his institutions are at odds. Tomasi has provided ethical grounds for defending not classical-liberal but radical-democratic, even socialist, economic freedoms. This is most vivid in Tomasi's account of the “liberties of working.” (...) He argues that it is not just the choice of work but control of the workplace experience that is a vital part of our self-authorship. If this is true, Tomasi has not given a defense of a robust right to “freedom of contract,” but rather of those rights of control over work and property that leftists have long argued for. (shrink)

Michael Moehler’s Minimal Morality is a wonderful and important book, from which I have learned a great deal. It reinvigorates rational choice moral theory in the process of confronting what I see as the most important issue in social and moral philosophy today: can those in a deeply morally divided society endorse a common moral framework to structure social cooperation? Is a rational moral order possible under conditions of deep and wide moral diversity? Minimal Morality’s answers are thoughtful and innovative. (...) I am not, however, entirely persuaded that Minimal Morality can fulfil its promise of grounding a cooperative order when ‘traditional’ modes moral justification cannot. (shrink)

Recent arguments for the basic status of economic liberty can be deployed to show that all liberty is basic. The argument for the basic status of all liberty is as follows. First, John Tomasi’s defense of basic economic liberties is successful. Economic freedom can be further defended against powerful high liberal objections, which libertarians including Tomasi have so far overlooked. Yet arguments for basic economic freedom raise a puzzle about the distinction between basic and non-basic liberties. The same reasons that (...) economic liberties and the traditionally defined list of basic liberties are basic can also be given for all other liberties. Therefore, high liberals and Rawlsian libertarians ought to accept almost all other liberties as basic, even liberties that may strike us as trivial, silly, or unimportant. This claim has revisionary implications for high liberalism. Namely, liberals should endorse strong institutional protections for almost all liberties, even at the expense of other social values. (shrink)

The increasing centrality of business firms in contemporary societies calls for a renewed attention to the democratization of these actors. This paper sheds new light on the possibility of democratizing business firms by bridging recent scholarship in two fields—deliberative democracy and business ethics. To date, deliberative democracy has largely neglected the role of business firms in democratic societies. While business ethics scholarship has given more attention to these issues, it has overlooked the possibility of deliberation within firms. As argued in (...) the paper, a combination of reforms based on the ideas of workplace deliberation and business deliberation is necessary in order to promote the prospect of deliberation in different business contexts. The paper also discusses the importance of more democratic firms for deliberative democracy at large and, in particular, for the recent debate on deliberative systems. Finally, the paper suggests new areas of investigation to better understand the prospect of democratic deliberation in business firms. (shrink)

ABSTRACTLibertarians like John Tomasi, who care about social justice, must say more about which economic freedoms matter and why they matter if they hope to persuade liberal egalitarians to adopt their approach. In particular, they must clarify the preconditions of equal freedom and explore more fully the relationship between security and freedom. They must also address questions about collective-action problems and the extent to which the modern corporation should be viewed as an outgrowth and expression of individual freedom. Finally, libertarians (...) should engage more fully with recent feminist literature that challenges the ideal of market-centered self-authorship that Tomasi celebrates. (shrink)

In Rawlsian political philosophy, “basic liberties” are rights subject to a high degree of protection, such that they cannot easily be overridden for concerns of stability, efficiency, or social justice. For Rawls, something qualifies as a basic liberty if and only if bears the right relationship to our “two moral powers”: a capacity to form a sense of the good life and a capacity for a sense of justice. However, which rights are basic liberties is subject to frequent ideological debate, (...) which Rawlsian libertarians and Rawlsian socialists arguing that Rawls's own view is mistaken or incomplete. I argue that problem is that Moral Powers Test does not quite work. Only a small amount of liberty—not enough to qualify a society as liberal—can clearly be shown to pass the Moral Powers Test. One might attempt to rescue the Moral Powers Test by relaxing or modifying its requirements, but, I will argue, there appears to be no unproblematic and nonquestion‐begging way to do so. The Moral Powers Test must be abandoned or, at least, requires some unknown but radical revision or require supplements from outside Rawls's own theory. (shrink)

This paper argues that mandatory, government-enforced vaccination can be justified even within a libertarian political framework. If so, this implies that the case for mandatory vaccination is very strong indeed as it can be justified even within a framework that, at first glance, loads the philosophical dice against that conclusion. I argue that people who refuse vaccinations violate the ‘clean hands principle’, a moral principle that prohibits people from participating in the collective imposition of unjust harm or risk of harm. (...) In a libertarian framework, individuals may be forced to accept certain vaccines not because they have an enforceable duty to serve the common, and not because cost–benefit analysis recommends it, but because anti-vaxxers are wrongfully imposing undue harm upon others. (shrink)

In Partisanship and Political Liberalism in Diverse Societies I examine political parties and partisanship within the context of John Rawls’s theory of political liberalism. I argue that parties and partisanship are vital to Rawls’s political liberalism, since they offer a distinctive and crucial contribution to the process of public justification that is central to it, which combines the articulation of public reasons with the channelling into the public political realm of the particular values and conceptions of the good emerging from (...) parties’ specific constituencies. Furthermore, I argue, partisanship generates a special kind of political obligations, and this further contributes to state legitimacy under conditions of reasonable pluralism. In this paper, I respond to three commentators who have raised important criticisms against my argument. More specifically, Section 1 provides a response to Lea Ypi’s argument that my normative account of partisanship wrongly presupposes that existing liberal societies are reasonably just. Section 2 answers Daniel Weinstock’s concerns regarding the plausibility and internal consistency of my account of partisan political obligations. Finally, Section 3 addresses Kevin Vallier’s criticisms, which challenge my account of public reason and propose an alternative one. (shrink)

In this article, I aim to clarify some key issues in the ongoing debate about the relationship between Rawlsian political philosophy and business ethics. First, I discuss precisely what we ought to be asking when we consider whether corporations are part of the “basic structure of society.” I suggest that the relevant questions have been mischaracterized in much of the existing debate, and that some key distinctions have been overlooked. I then argue that although Rawlsian theory’s potential implications for business (...) ethics are more extensive than some have suggested, the nature of the concern that we ought to have about the effects of corporate behavior on individuals’ economic and social conditions should lead us to reject the view that corporations are bound by principles of justice only if, and insofar as, they are part of the basic structure. (shrink)

Abstract: Contra John Rawls, G. A. Cohen argues that the fundamental principles of justice are not constrained by the limits of our nature or the nature of society, even at its historical best. Justice is what it is, even if it will never be realized, fully or at all. Likewise, David Estlund argues that since our innate motivations can be justice-tainting, they cannot be a constraint on the right conception of justice. Cohen and Estlund agree that if the attempt to (...) implement a certain conception of justice is likely to result in widespread harm or injustice, then it should not be implemented, but that this does not entail that the conception itself is false. I argue that (i) there is no way to judge the soundness of a principle of justice independently of all psychological facts , and the effects that the principle is likely to have if it is implemented; (ii) a principle of justice that, if implemented, makes it hard or impossible for individuals committed to justice to lead happy and worthwhile lives in a good society, even if the circumstances are favorable to living justly, cannot be sound; (iii) without the constraints noted in (i) and (ii), there can be no reason to reject racist, sexist, or other wrongheaded principles of justice that have been advanced as sound over the years, principles that even Cohen and Estlund would reject. In short, justice is justice only if kept within the limits of human nature. (shrink)

To be a liberal is, among other things, to grant basic liberties some degree of priority over other aspects of justice. But why do basic liberties warrant this special treatment? For Rawls, the answer has to do with the allegedly special connection between these freedoms and the ‘two moral powers’ of reasonableness and rationality. Basic freedoms are said to be preconditions for the development and exercise of these powers and are held to warrant priority over other justice-relevant values for that (...) reason. In the first half of the article I mount an internal critique of this Rawlsian line, arguing that it is flawed in two main ways. First, it overestimates the contribution of basic freedom to moral personality. Second, it underestimates the contribution of non-liberty resources to moral personality. In the second half of the article I repair these flaws. The result is a new, intriguingly radical version of justice as fairness, one with surprising—yet plausible—implications for economic and gender justice. (shrink)

John Tomasi argues that aggressively pro-market, capitalist regimes can secure fair equality of opportunity—a level playing field—even as they honor people's thick economic liberties. The trick is to rely on markets to spread prosperity and high-quality healthcare and education to all. That done, each person will have fair opportunity. Or will she? In truth, Tomasi's “market-democratic” plan cannot bring genuinely fair opportunity to all, even at the level of ideal theory. Nor can it plausibly promise to increase the “quality” of (...) opportunity: the supply, that is, of intrinsically desirable work. (shrink)

In this article I examine the importance of self-respect in the justification of Rawls’s theory of justice. First, I present two elements that are part of the contemporary debate on self-respect as a form of self-worth—namely, moral status and merit. Second, I specify the bases that support self-respect within A Theory of Justice. Finally, I discuss at length the function of self-respect in justifying the principles of justice. This inquiry implies an analysis of the relationship between self-respect and the component (...) parts of the two principles of justice: basic liberties, fair equality of opportunity, and the difference principle. I also explore the connection between self-respect and the sense of justice in light of the stability argument, and how the relationship between the two is important for achieving social stability. (shrink)

Contemporary republicanism is characterized by three main ideas: free persons, who are not subject to the arbitrary power of others; free states, which try to protect their citizens from such power without exercising it themselves; and vigilant citizenship, as a means to limit states to their protective role. This book advances an economic model of such republicanism that is ideologically centre-left. It demands an exit-oriented state interventionism, one that would require an activist government to enhance competition and resource exit from (...) dominating relationships within markets of all types, be they marital, labour, or residential. The substantial intervention and redistribution necessitated by such an approach make it leftist, while its tendency to work with rather than against the grain of markets makes it centrist. It is, in short, a contribution to progressive republican political thought, but one that is less social-democratic than market-democratic in character. (shrink)

I discuss ethical aspects of behavioural policies in domestic energy usage, recycling, food waste and transportation.