The JSTOR Archive is a trusted digital repository providing for long-term preservation and access to leading academic journals and scholarly literature from around the world. The Archive is supported by libraries, scholarly societies, publishers, and foundations. It is an initiative of JSTOR, a not-for-profit organization with a mission to help the scholarly community take advantage of advances in technology. For more information regarding JSTOR, please contact [email protected]
This article distinguishes between a telic and a deontic version of Derek Parfit's influential Priority View. Employing the distinction, it shows that the existence of variations in how intrapersonal and interpersonal conflicts should be resolved fails to provide a compelling case in favour of relational egalitarianism and against all pure versions of the Priority View. In addition, the article argues that those variations are better understood as providing counterevidence to certain distribution-sensitive versions of consequentialism.
In Rescuing Justice and Equality , G. A. Cohen reiterates his critique of John Rawls's difference principle as a justification for inequality-generating incentives, and also argues that Rawls's ambition to provide a constructivist defence of the first principles of justice is doomed. Cohen's arguments also suggest a natural response to my earlier attempt to defend the basic structure objection to Cohen's critique, which I term the alien factors reply. This paper criticises the reply, and Cohen's more general argument against Rawls's (...) constructivism. 1. (shrink)
One of the central debates within contemporary Anglo-American political philosophy concerns how to formulate an egalitarian theory of distributive justice which gives coherent expression to egalitarian convictions and withstands the most powerful anti-egalitarian objections. This book brings together many of the key contributions to that debate by some of the world’s leading political philosophers: Richard Arneson, G.A. Cohen, Ronald Dworkin, Thomas Nagel, Derek Parfit, John Rawls, T.M. Scanlon, and Larry Temkin.
Individual decisions about how to exercise the legal right to procreative liberty may generate either positive or negative externalities. From within a resource egalitarian perspective, such as that of Ronald Dworkin, it can be argued that procreative justice is asymmetric in the following respect. Justice need not require that parents be subsidised if they produce a public good, yet its ideal achievement may require their activities be taxed if they threaten to produce a public bad.
According to John Rawls's ideal of liberal public reason, comprehensive moral, religious and philosophical doctrines should play no more than an auxiliary or marginal role in the political life of constitutional democracies. David Reidy has recently claimed that since liberal public reason is incomplete, comprehensive doctrines, and non-public reasons, must play a wider role than Rawls admits. In response, I argue that Reidy's arguments do not establish that liberal public reason is incomplete. Furthermore, even if the substantive values embodied in (...) liberal public reason were insufficient to determine certain fundamental decisions, such indeterminacy need not be eliminated by recourse to comprehensive doctrines. (shrink)
This paper examines G. A. Cohen's final criticism of Ronald Dworkin's theory of equality of resources, which targets its treatment of inequalities that arise when some individuals make luckier choices than others make. Rebutting Cohen's argument that such option luck inequalities fail to be just in an unqualified sense, the paper argues that choice does not merely render inequality legitimate but instead can sometimes make inequality just. It also examines the relationship between Cohen's criticism and the conception of equality developed (...) in his earlier influential paper,. (shrink)
[Andrew Williams] It is difficult for prioritarians to explain the degree to which justice requires redress for misfortune in a way that avoids imposing unreasonably high costs on more advantaged individuals whilst also economising on intuitionist appeals to judgment. An appeal to hypothetical insurance may be able to solve the problems of cost and judgment more successfully, and can also be defended from critics who claim that resource egalitarianism is best understood to favour the ex post elimination of envy over (...) individual endowments. /// [Michael Otsuka] Inequality is intrinsically bad when and because it is unfair. It follows that the ideal of equality is not necessarily realised by a distribution of resources which is envy-free prior to the resolution of risks against which people have an equal opportunity to insure. Even if the upshot of such an ex ante envyfree distribution is just, it is not necessarily fair. (shrink)
The volume consists of two parts, of which the former describes the two central elements of Locke’s account. First, Sreenivasan explains how he understands Locke’s attempt to show that common ownership of natural resources is consistent with the existence of a procedure whereby private ownership rights can be acquired without universal agreement. Solving this consent problem, Locke construes common ownership as involving merely a right to those conditions necessary for self-preservation. He then argues that where non-appropriators are left with enough (...) to achieve subsistence, unilateral appropriation does not violate such a right. Locke’s sufficiency condition ensures this by requiring that the able-bodied must have access to the relevant production or employment opportunities, while the disabled must be capable of subsisting through charity. (shrink)
Machine generated contents note: 1. Introduction; 2. Peace; 3. Rule of law; 4. Human rights; 5. Democracy; 6. Liberty; 7. The institutional ethos of the EU; 8. Towards the EU as a just institution; 9. Concluding proposals.
John Rawls's famous difference principle is capable of at least four distinct statements, each of which occurs in A Theory of Justice. According to what I shall term the Crude Principle it is a necessary and sufficient condition for the justice of an institutional scheme which expands social and economic inequality that, subject to the satisfaction of more weighty principles, it increases the level of advantage of the least advantaged. Expressing this principle Rawls writes that,Assuming the framework of institutions required (...) by equal liberty and fair equality of opportunity, the higher expectations of those better situated are just if and only if they work as part of a scheme which improves the expectations of the least advantaged members of society. The intuitive idea is that the social order is not to establish and secure the more attractive prospects of those better off unless doing so is to the advantage of those less fortunate. (shrink)
[Andrew Williams] It is difficult for prioritarians to explain the degree to which justice requires redress for misfortune in a way that avoids imposing unreasonably high costs on more advantaged individuals whilst also economising on intuitionist appeals to judgment. An appeal to hypothetical insurance may be able to solve the problems of cost and judgment more successfully, and can also be defended from critics who claim that resource egalitarianism is best understood to favour the ex post elimination of envy over (...) individual endowments. /// [Michael Otsuka] Inequality is intrinsically bad when and because it is unfair. It follows that the ideal of equality is not necessarily realised by a distribution of resources which is envy-free prior to the resolution of risks against which people have an equal opportunity to insure. Even if the upshot of such an ex ante envyfree distribution is just, it is not necessarily fair. (shrink)
In his widely-discussed book, Real Freedom for All, Philippe Van Parijs argues that justice requires the provision of a universal, unconditional basic income. Some critics reject that conclusion on the grounds that it violates requirements of reciprocity or prohibitions on exploitation, free-riding and parasitism. This paper explores a less familiar critique, which operates within the same resource egalitarian parameters as Van Parijs's argument, and leaves unchallenged his conviction that justice requires a basic income. Instead the paper suggests two reasons to (...) doubt his ambitious claims about its magnitude. First, the paper argues that if envy elimination is the fundamental egalitarian aim then Van Parijs's argument for boosting basic income by including jobs within the class of external assets to be equalized is unsuccessful. Second, it argues that Van Parijs fails to show that the provision of basic income should not be constrained by a more restrictive principle for correcting inequalities in personal resources than his favored compensatory norm. Before defending these criticisms, two preliminary sections describe Van Parijs's distributive principles and his central argument for basic income. (shrink)
This reader brings together classic and contemporary contributions to debates about social justice. A collection of classic and contemporary contributions to debates about social justice. Includes classic discussions of justice by Locke and Hume. Provides broad coverage of contemporary discussions, including theoretical pieces by John Rawls, Robert Nozick and Ronald Dworkin. Contains papers that apply theories of justice to concrete issues, such as gender and the family, the market, world poverty, cultural rights, and future generations. Philosophically challenging yet accessible to (...) students. (shrink)
This innovative volume brings together specialists in international relations to tackle a set of difficult questions about what it means to live in a globalized world where the purpose and direction of world politics are no longer clear-cut. What emerges from these essays is a very clear sense that while we may be living in an era that lacks a single, universal purpose, ours is still a world replete with meaning. The authors in this volume stress the need for a (...) pluralistic conception of meaning in a globalized world and demonstrate how increased communication and interaction in transnational spaces work to produce complex tapestries of culture and politics. Meaning and International Relations also makes an original and convincing case for the relevance of hermeneutic approaches to understanding contemporary international relations. (shrink)
This article argues that the existing philosophy of EU law, such as it may be perceived, is flawed. Through a series of propositions it claims that EU law is infected by an underlying indeterminacy of ideal that has deeply affected the appreciation and realization of stated values. These values, the most fundamental of which appear in Article 6(1) of the Treaty of European Union, have been applied in a haphazard fashion and without an understanding of normative content. The European Court (...) of Justice has instead adopted a largely pragmatic approach that has focused on principles or virtues of governance rather than attempting to offer a way of satisfactorily defining values or ensuring their realization. The underlying philosophy thus appears to be based on a theory of interpretation (of original political will) rather than a theory of justice. The recent decision in Kadi paradoxically offers not only confirmation of the argument presented but also a judicial appreciation that a new direction may be desirable, one inspired by a law based on the predominance of fundamental values with particular emphasis on respect for fundamental rights. (shrink)
A rational moral code must satisfy the condition of completeness. This same condition applies to a set of moral rights, where it takes the form of requiring that all the rights in that set be compossible: that their respective correlatively entailed duties be jointly fulfillable. Such joint fulfillability is guaranteed only by a set of fully differentiated individual domains. And if moral rights are to play any independent role in moral reasoning - any role logically independent of the values that (...) bring persons into conflict - those domains must be determined by rules which are not derived from those values. (shrink)
The Lisbon Treaty’s ratification is complete. This article makes two related claims, one ethical, the other empirical. First, the EU should now be developed with the aim of making it a (more) just institution; and second, the amendments to the Treaties now introduced provide the constitutional inspiration so that the EU can so develop. In particular, there is a prospect for appropriate standards of justice to be applied in part through a revised philosophy of EU law. The article argues that (...) a human rights based approach to values, although not without its difficulties, provides the least divisive and most effective means of achieving this revision. (shrink)
Philippe Van Parijs's Real Freedom for All is widely acclaimed for providing not only the most sophisticated defense of unconditional basic income, but also a rigorous examination of many central issues within contemporary political theory. This collection, including a response by Van Parijs, provides a comprehensive assessment of his "real libertarian" vision of radical social change. The contributors include Richard Arneson, Brian Barry, Thomas Christiano, John Cunliffe, Guido Erreygers, Hillel Steiner, Peter Vallentyne, Robert van der Veen, and Stuart White.