Abstract

Three elements of Waldron’s defense of the natural duty of justice account are considered: the understanding of the natural duty of justice, the conceptualization of the special allegiance objection, and the argument for the distinction between the insiders and outsiders. All three are found problematic.I argue that Waldron conflates the natural duty of justice with the duty not to harm. Further, I contend that the special allegiance objection is not really dealt with.Finally, I maintain that Waldron’s distinction between the insiders and outsiders fails if the natural duty of justice account is not supplemented with fairness theory