Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

The everyday concept of a social group is approached by examining the concept of going for a walk together, an example of doing something together, or "shared action". Two analyses requiring shared personal goals are rejected, since they fail to explain how people walking together have obligations and rights to appropriate behavior, and corresponding rights of rebuke. An alternative account is proposed: those who walk together must constitute the "plural subject" of a goal. The nature of plural subjecthood, the thesis (...) that social groups are plural subjects, and the relation of these ideas to Rousseau's and Hobbes 's, are briefly explored. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

This essay challenges the widely accepted principle that a person is morally responsible for what he has done only if he could have done otherwise. The author considers situations in which there are sufficient conditions for a certain choice or action to be performed by someone, So that it is impossible for the person to choose or to do otherwise, But in which these conditions do not in any way bring it about that the person chooses or acts as he (...) does. In such situations the person may well be morally responsible for what he chooses or does despite his inability to choose or to do otherwise. Finally the author considers certain suggestions for revising the principle he rejects or for replacing it with a principle of an altogether different kind. (shrink)

Suppose libertarians could prove that durable, unqualified private property rights could be created through 'original acquisition' of unowned resources in a state of nature. Such a proof would cast serious doubt on the legitimacy of the modern state. It could also render the approach to property rights that I favour irrelevant. I argue here that none of the familiar Lockean-libertarian arguments for a strong natural right to acquisition succeed, and that any successful argument for grounding a right to acquire would (...) have to use my favoured approach to property rights - the 'vector-sum' approach. I conclude with some doubts about original acquisition theory and natural property rights. (shrink)

Existing accounts of shared intention (by Bratman, Searle, and others) do not claim that a single token of intention can be jointly framed and executed by multiple agents; rather, they claim that multiple agents can frame distinct, individual intentions in such a way as to qualify as jointly intending something. In this respect, the existing accounts do not show that intentions can be shared in any literal sense. This article argues that, in failing to show how intentions can be literally (...) shared, these accounts fail to resolve what seems problematic in the notion of shared intention. It then offers an account in which the problem of shared intention is resolved, because intention can indeed be literally shared. This account is derived from Margaret Gilbert’s notion of a “pool of wills,” to which it applies Searle’s definition of intention. (shrink)

In this article we critique the collectivist approach to collective moral responsibility. According to philosophers of a collectivist persuasion, a central notion of collective moral responsibility is moral responsibility assigned to a collective as a single entity. In our critique, we proceed by way of discussing the accounts and arguments of three prominent representatives of the collectivist approach with respect to collective responsibility: Margaret Gilbert, Russell Hardin, and Philip Pettit. Our aims are mainly critical; however, this should not be taken (...) to imply that we do not ourselves support an alternative account of collective responsibility. We advocate an individualist account of collective responsibility. On this view of collective responsibility as joint responsibility, collective responsibility is ascribed to individuals. Each member of the group is individually morally responsible for the outcome of the joint action, but each is individually responsible jointly with the others. (shrink)

When we’re trying to articulate principles of justice that we have reason to take seriously in a world like ours, one way to start is with an understanding of what our world is like, and of which institutional frameworks promote our thriving in communities and which do not. If we start this way, we can sort out alleged principles of justice by asking which ones license mutual expectations that promote our thriving and which ones do otherwise. This is an essay (...) in the how and why of nonideal theory: in particular, how and why principles of property come first and principles of justice second. Ownership conventions, and property law as it develops under the pressures of case by case dispute resolution, tend to become touchstones for conflict mediation down through generations. They may be imperfect, retaining vestiges of adaptations to ancient problems that no longer exist, yet still they work, coordinating expectations so as to make it easier for people to live well together. A priori reasons for endorsing principles of justice generally are not good enough. A good enough reason would be something like this: to endorse this way of applying this principle in this kind of circumstance is to support institutional frameworks that position us to play positive sum games. (shrink)

Left-libertarian theories of justice hold that agents are full self-owners and that natural resources are owned in some egalitarian manner. Some philosophers find left-libertarianism promising because it seems that it coherently underwrites both some demands of material equality and some limits on the permissible means of promoting such equality. However, the main goal of this article is to argue that, as far as coherence is concerned, at least one formulation of left-libertarianism is in trouble. This formulation is that of Michael (...) Otsuka, who published it first in a 1998 article, and now in his thought-provoking book Libertarianism Without Inequality . In a nutshell, my objection is that the set of reasons that support egalitarian ownership of natural resources as Otsuka understands it stand in a deep tension with the set of reasons that would prompt one to endorse Otsuka’s right to self-ownership. In light of their underlying commitments, a defender of either of the views that left-libertarianism combines would actually have to reject the other. This incoherence, it seems, can only be remedied either by an approach that renders left-libertarianism incomplete in a way that can only be fixed by endorsing more commitments than most left-libertarians would want to or by an approach that leaves left-libertarianism a philosophically shallow theory. Key Words: equality • left-libertarianism • libertarianism • original appropriation • property • self-ownership. (shrink)

The Law of Peoples, with “The Idea of Public Reason Revisited”. john rawls. William James and the Metaphysics of Experience. david c. lamberth.

I thank the members of the Law and Philosophy Discussion Group in Los Angeles and those who attended a talk sponsored by the philosophy department at New York University, where I presented earlier versions of this paper. I would also like to thank G. A. Cohen, Stephen Munzer, Seana Shiffrin, Peter Vallentyne, Andrew Williams, and the editors of Philosophy & Public Affairs, who read and provided written commentary on earlier drafts.

I present what I take to be the approach to property rights, in which property is basically a unitary concept: owners are the ones with the right to do, and prohibit others from doing, whatever there is to do with the thing owned, within the limits imposed by the rights of others to their things. I expound and defend the idea of in more or less Lockean mode. I also point to the many difficulties of application of the general idea, (...) leading to the need to negotiate at many points. For example, the vagueness of land ownership as we consider what goes on in the earth below or the sky above; to consideration of not just possible physical damages to others by virtue of ownership, but also aesthetic ones; and to the increasingly important area of intellectual property. I argue that the original idea continues to hold, though it underdetermines any number of specific issues. (shrink)

The basic bearer of responsibility is individuals, because that isall there are – nothing else can literally be the bearer of fullresponsibility. Claims about group responsibility therefore needanalysis. This would be impossible if all actions must be understoodas ones that could be performed whether or not anyone else exists.Individuals often act by virtue of membership in certain groups;often such membership bears a causal role in our behavior, andsometimes people act deliberately in order to promote the prospectsof members of a given (...) group. Nevertheless, it is rational to awardproportionally to individual contributions to those actions andindividual shares in the production of the consequences of thoseactions. (shrink)

Part I of this essay supports the anti-egalitarian conclusion that individuals may readily become entitled to substantially unequal extra-personal holdings by criticizing end-state and pattern theories of distributive justice and defending the historical entitlement doctrine of justice in holdings. Part II of this essay focuses on a second route to the anti-egalitarian conclusion. This route combines the self-ownership thesis with a contention that is especially advanced by G.A. Cohen. This is the contention that the anti-egalitarian conclusion can be inferred from (...) the self-ownership thesis without the aid of additional controversial premises. Cohen advances this contention, not because he wants to support the anti-egalitarian conclusion, but rather because he wants to emphasize the need for one to reject the self-ownership thesis if one is to reject the anti-egalitarian conclusion. In Part II of this essay, I support this second route to the anti-egalitarian conclusion by reinforcing Cohen's special contention while rejecting his challenges to the self-ownership thesis. Cohen's special contention is reinforced by way of an explanation of why the redistributive state must trench upon some people's self-ownership rights. One important challenge to the self-ownership thesis is answered through the articulation of a new and improved Lockean proviso. Another challenge offered by Cohen is answered by arguing that the philosophical costs of denying the self-ownership thesis are as great as the self-ownership libertarian maintains. Thus, I defend both of the key elements of self-ownership libertarianism, the self-ownership thesis and the anti-egalitarian conclusion. (shrink)

This two-part article offers a defense of a libertarian doctrine that centers on two propositions. The first is the self-ownership thesis according to which each individual possesses original moral rights over her own body, faculties, talents, and energies. The second is the anti-egalitarian conclusion that, through the exercise of these rights of self-ownership, individuals may readily become entitled to substantially unequal extra-personal holdings. The self-ownership thesis remains in the background during Part I of this essay, while the anti-egalitarian conclusion is (...) supported in two ways. First, I offer a reconstruction of Robert Nozick's well-known `How Liberty Upsets Patterns' argument against all end-state and pattern theories of distributive justice; and I defend this reconstructed stance against what might seem to be telling criticisms. Second, I defend the two key principles of Nozickian historical entitlement theory against criticisms offered by G.A. Cohen. Part II will center on Cohen's contention that the crucial basis for the anti-egalitarian conclusion is the self-ownership thesis. There I argue that Cohen is correct to hold that he must reject the self-ownership thesis if he is to avoid the anti-egalitarian conclusion; but he is wrong to think that he has an adequate basis for rejecting this thesis. Thus, both elements in the libertarianism under consideration are vindicated. And, the self-ownership thesis plays a surprisingly direct role in vindicating the anti-egalitarian conclusion. (shrink)

This two-part article offers a defense of a libertarian doctrine that centers on two propositions. The first is the self-ownership thesis according to which each individual possesses original moral rights over her own body, faculties, talents, and energies. The second is the anti-egalitarian conclusion that, through the exercise of these rights of self-ownership, individuals may readily become entitled to substantially unequal extra-personal holdings. The self-ownership thesis remains in the background during Part I of this essay, while the anti-egalitarian conclusion is (...) supported in two ways. First, I offer a reconstruction of Robert Nozick's well-known `How Liberty Upsets Patterns' argument against all end-state and pattern theories of distributive justice; and I defend this reconstructed stance against what might (otherwise) seem to be telling criticisms. Second, I defend the two key principles of Nozickian historical entitlement theory (the principle of just transfer and the principle of just initial acquisition) against criticisms offered by G.A. Cohen. Part II will center on Cohen's contention that the crucial basis for the anti-egalitarian conclusion is the self-ownership thesis. There I argue that Cohen is correct to hold that he must reject the self-ownership thesis if he is to avoid the anti-egalitarian conclusion; but he is wrong to think that he has an adequate basis for rejecting this thesis. Thus, both elements in the libertarianism under consideration are vindicated. And, the self-ownership thesis plays a surprisingly direct role in vindicating the anti-egalitarian conclusion. Key Words: egalitarianism • historical entitlement • moral rights • self-ownership. (shrink)

Part I of this essay supports the anti-egalitarian conclusion that individuals may readily become entitled to substantially unequal extra-personal holdings by criticizing end-state and pattern theories of distributive justice and defending the historical entitlement doctrine of justice in holdings. Part II of this essay focuses on a second route to the anti-egalitarian conclusion. This route combines the self-ownership thesis with a contention that is especially advanced by G.A. Cohen. This is the contention that the anti-egalitarian conclusion can be inferred from (...) the self-ownership thesis without the aid of additional controversial premises. Cohen advances this contention, not because he wants to support the anti-egalitarian conclusion, but rather because he wants to emphasize the need for one to reject the self-ownership thesis if one is to reject the anti-egalitarian conclusion. In Part II of this essay, I support this second route to the anti-egalitarian conclusion by reinforcing Cohen's special contention while rejecting his challenges to the self-ownership thesis. Cohen's special contention is reinforced by way of an explanation of why the redistributive state must trench upon some people's self-ownership rights. One important challenge to the self-ownership thesis is answered through the articulation of a new and improved Lockean proviso. Another challenge offered by Cohen is answered by arguing that the philosophical costs of denying the self-ownership thesis are as great as the self-ownership libertarian maintains. Thus, I defend both of the key elements of self-ownership libertarianism, the self-ownership thesis and the anti-egalitarian conclusion. Key Words: autonomy • distributive justice • egalitarianism • exploitation • Lockean proviso • self-ownership • slavery. (shrink)

Among philosophical questions about human agency, one can distinguish in a rough and ready way between those that arise in philosophy of mind and those that arise in ethics. In philosophy of mind, one central aim has been to account for the place of agents in a world whose operations are supposedly ‘physical’. In ethics, one central aim has been to account for the connexion between ethical species of normativity and the distinctive deliberative and practical capacities of human beings. Ethics (...) then is involved with questions of moral psychology whose answers admit a kind of richness in the life of human beings from which the philosophy of mind may ordinarily prescind. Philosophy of mind, insofar as it treats the phenomenon of agency as one facet of the phenomenon of mentality, has been more concerned with how there can be ‘mental causation’ than with any details of a story of human motivation or of the place of evaluative commitments within such a story. (shrink)

Classical natural law theory derives moral conclusions from the essentialist and teleological understanding of nature enshrined in classical metaphysics. The paper argues that this understanding of nature is as defensible today as it was in the days of Plato, Aristotle, Augustine, and Aquinas. It then shows how a natural law theory of the grounds and content of our moral obligations follows from this understanding of nature, and how a doctrine of natural rights follows in turn from the theory of natural (...) law. With this background in place, the implications of the theory for questions about property rights and taxation are explored. It is argued that classical natural law theory entails the existence of a natural right of private property, and that this right is neither so strong as to support laissez faire libertarianism, nor so weak as to allow for socialism. Though the theory leaves much of the middle ground between these extremes open to empirical rather than moral evaluation, it is argued that there is a strong natural law presumption against social democratic policies and in favor of free enterprise. (shrink)

In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state (...) but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)

Steiner’s book is an engaging and challenging romp through important issues in rights theory, moral and economic reasoning, theories of freedom, and questions of justice. An Essay on Rights develops and connects themes pursued by Steiner in a series of articles written over the past two decades.

The principle that each person is his own property occupies an almost axiomatic status in right-wing liberal thought as well as in some egalitarian theories. I reject any, full or partial, notion of property with respect to oneself by showing that any appeal and any justifiability which may be associated with self-ownership can at most serve to ground rights which are demonstrably non-property rights. As a contrast to self ownership, I introduce the non-proprietarian notion of Original Freedom. I compare the (...) two with respect to the control, income, and transfer aspects of ownership and suggest that Original Freedom is the more intuitively acceptable. (shrink)

Left-libertarianism is a version of Lockean libertarianism that combines the idea that each person is the full rightful owner of herself and the idea that each person should have the right to own a roughly equal amount of the world's resources. This essay argues against left-libertarianism. The specific target is an interesting form of left-libertarianism proposed by Michael Otsuka that is especially stringent in its equal world ownership claim. One criticism advanced is that there is more tension than Otsuka acknowledges (...) between private ownership of self and equal ownership of the world. This emerges once one notices that self-ownership should not be conceived merely in a thin, formal way but also as a thicker substantive insistence on wide individual freedom. A second criticism is that in other respects the formal idea of self-ownership that Otsuka and other left-libertarians embrace is an extreme doctrine that merits rejection. (shrink)

In recent years some moral philosophers and political theorists, who have come to be called “luck egalitarians,” have urged that the essence of social justice is the moral imperative to improve the condition of people who suffer from simple bad luck. Prominent theorists who have attracted the luck egalitarian label include Ronald Dworkin, G. A. Cohen, and John Roemer.1 Larry Temkin should also be included in this group, as should Thomas Nagel at the time that he wrote Equality and Partiality.2 (...) However, each of these theorists asserts a different position. The common ground, if any, is obscure. The idea of luck that is invoked is not transparently clear. Anyway, the term “luck egalitarianism” was coined by a critic of the doctrine, and tendentiously defined to denote an extreme version of the view that looks implausible from the start.3 With some justice Ronald Dworkin, perhaps the chief architect of the luck egalitarian position, has denied that he is a luck egalitarian. (shrink)

I ARGUE IN THIS PAPER that there are profound and legitimate worries concerning the application of organic and personal criteria to groups. I try to specify the reasons why we object to such ideas, while contending that some of these objections are misguided. Primarily, to refer to a group as a person is not necessarily the same as referring to it as either organic or as an individual. Further, each term--organic, individual, and person--must be carefully unpacked and analyzed. One conclusion (...) of this analysis is that there are important senses in which these concepts both overlap and also diverge. One should not therefore automatically conflate them. Another conclusion is that there are senses of these terms which are perfectly innocuous. Finally, there are clearly ways in which we can sensibly use the notion of personality to apply to groups. The groups in question are usually diverse, and do not have to include the state. In fact, despite the absence of such "group person" usage from mainstream political theory, such language is more of a commonplace in international politics and legal discourse and practice. I attempt, in the final part of the paper, to schematize the various uses of personality. I conclude by suggesting the fruitfulness of one particular sense of juristic personality. (shrink)

Left-libertarian theories of justice hold that agents are full self-owners and that natural resources are owned in some egalitarian manner. Unlike most versions of egalitarianism, leftlibertarianism endorses full self-ownership, and thus places specific limits on what others may do to one’s person without one’s permission. Unlike the more familiar right-libertarianism (which also endorses full self-ownership), it holds that natural resources—resources which are not the results of anyone's choices and which are necessary for any form of activity—may be privately appropriated only (...) with the permission of, or with a significant payment to, the members of society. Like right-libertarianism, left-libertarianism holds that the basic rights of individuals are ownership rights. Such rights can endow agents—as liberalism requires—with spheres of personal liberty where they may each pursue their conceptions of “the good life”. Left-libertarianism is promising because it coherently underwrites both some demands of material equality and some limits on the permissible means of promoting this equality. It is promising, that is, because it is a form of liberal egalitarianism. Left-libertarian theories have been propounded for over two centuries. Early exponents of some form of self-ownership combined with some form of egalitarian ownership of natural resources include: Hugo Grotius (1625), Samuel Pufendorf (1672), John Locke (1690), William Ogilvie (1781), Thomas Spence (1793), Thomas Paine (1795), Hippolyte de Colins (1835), François Huet (1853), Patrick E. Dove (1850, 1854), Herbert Spencer (1851), Henry George (1879, 1892), and Léon Walras (1896).1 It is striking how much of the current debate about equality, liberty, and responsibility has already been addressed by these authors. (shrink)

There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of particular (...) justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)

Whether this satirical inscription on a Dutch innkeeper's sign upon which a burial ground was painted had for its object mankind in general, or the rulers of states in particular, who are insatiable of war, or merely the philosophers who dream this sweet dream, it is not for us to decide. But one condition the author of this essay wishes to lay down. The practical politician assumes the attitude of looking down with great self-satisfaction on the political theorist as a (...) pedant whose empty ideas in no way threaten the security of the state, inasmuch as the state must proceed on empirical principles; so the theorist is allowed to play his game without interference from the worldly-wise statesman. Such being his attitude, the practical politician — and this is the condition I make — should at least act consistently in the case of a conflict and not suspect some danger to the state in the political theorist's opinions which are ventured and publicly expressed without any ulterior purpose. By this clausula salvatoria the author desires formally and emphatically to deprecate herewith any malevolent interpretation which might be placed on his words. (shrink)