This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for (...) the recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

The secular conception of ubuntu, as proffered by Thaddeus Metz, supplies a foundation for a humanist argument that justifies obligation to one’s community, even apart from a South African context, when combined with Kwasi Wiredu’s conception of personhood. Such an account provides an argument for accepting the concept of ubuntu as humanistic and not necessarily based in communalism or dependent upon supernaturalism. By re-evaluating some core concepts of community as they are presented in Plato’s Republic, I argue that this account (...) of ubuntu fits as the basis from which to understand obligation to community from a secular humanist perspective. (shrink)

This article discusses two complementary themes that play an important role in contemporary South African political philosophy: (1) the racist tradition in Western philosophy; and (2) the role of ubuntu in regaining an authentic African identity, which was systematically suppressed during the colonial past and apartheid. These are also leading themes in Mogobe Ramose’s African Philosophy Through Ubuntu. The first part concentrates on John Locke. It discusses the thesis that the reprehensible racism of many founders of liberal political philosophy has (...) lethally infected liberal theory. This view neglects the distinction between genesis and justification. Political liberalism has since cleansed itself of the prejudices of its spiritual ancestors. Liberal human rights exclude racism as a matter of principle. The second part discusses the claim that the ubuntu philosophy provides a better basis for a constitution in a modern society than political liberalism. A major problem is that ubuntu is an essentially contested concept. Some philosophers consider ubuntu to be a moribund notion (Matolino); others see it as a vital concept par excellence. In the latter case, it is elaborated from sundry incompatible political views, ranging from African nationalism (Ramose) via humanist communitarianism (Metz) to liberalism (Mboti). Conclusion: as an essentially contested ideological concept, ubuntu should not be a decisive constitutional standard for the application of state force. In contrast, the constitutional model of political liberalism provides a reasonable alternative, as it is designed precisely to solve the problem of social plurality and ideological contest. (shrink)

Ubuntu has been defined as a moral quality of human beings, as a philosophy or an ethic, as African humanism, and as a worldview. This paper explores these definitions as conceptual tools for understanding the cultural, educational, and philosophical landscape of post-apartheid South Africa. Key to this understanding is the Althusserian concept of state apparatus. Louis Althusser divides the state apparatus into two forces: the repressive state apparatus (RSA); and the ideological state apparatus (ISA). RSAs curtail the working (...) classes, predominately through direct violence or the threat of violence, whereas ISAs function primarily by ideology, including forms of organised religion, the education system, family units, legal systems, trade unions, political parties, and media. This paper discusses the link between increasing inequality in post-apartheid South Africa and education, with specific reference to Althusser’s ISAs and the abuse of Ubuntu as a subterfuge for socio-economic inequality. (shrink)

Cosmopolitans believe that all human beings have equal moral worth and that our responsibilities to others do not stop at borders. Various cosmopolitans offer different interpretations of how we should understand what is entailed by that equal moral worth and what responsibilities we have to each other in taking our equality seriously. Two suggestions are that a cosmopolitan should endorse a 'global difference principle' and a 'principle of global equality of opportunity'. In the first part of this paper I examine (...) whether these two suggestions are compelling. I argue against a global difference principle, but for an alternative 'needs-based minimum floor principle' (where these are not coextensive, as I explain). I develop a model of cosmopolitan justice, which allows us to address not only matters of global distributive justice, but other global justice issues as well. Though I support what I refer to as a negative version of the global equality of opportunity principle, I argue that a more positive version of the ideal remains elusive. In the second part of this paper, I reflect on what bearing these results have on two central sets of questions: First, what kind of ideal are we after in the domain of cosmopolitan justice and what practical implications can we reasonably expect from it? Second, what sort of ideal of egalitarianism is compelling and does my model of cosmopolitan justice adequately reflect the legitimate concerns of egalitarians? (shrink)

In a wide-ranging inquiry Richard W. Miller provides new resources for coping with the most troubling types of moral conflict: disagreements in moral conviction, conflicting interests, and the tension between conscience and desires. Drawing on most fields in philosophy and the social sciences, including his previous work in the philosophy of science, he presents an account of our access to moral truth, and, within this framework, develops a theory of justice and an assessment of the role of morality in rational (...) choice. In Miller's view, we are often in a position to claim that our moral judgments are true descriptions of moral facts. But others, relying on contrary ways of moral learning, would reject truths that we are in a position to assert, in dissent that does not depend on irrationality or ignorance of relevant evidence or arguments. With this mixed verdict on moral realism, Miller challenges many received views of rationality, scientific method, and the relation between moral belief and moral choice. In his discussion of justice, Miller defends the adequacy, for modern political choices, of a widely shared demand that institutions be freely and rationally acceptable to all. Drawing on social research and economic theories, he argues that this demand has dramatically egalitarian consequences, even though it is a premise of liberals and conservatives alike. In the final chapters, Miller investigates the role and limits of morality in the choice of conduct, arguing for new perspectives on reason and impartiality. (shrink)

Defining the features of ubuntu in the context of African philosophy, is basically about the quest for a definitive means of culturally expressing what seems primal, unique, useful, and common to the Africans in relation to the world. Put simply, the quest to clarify the key features of ubuntu is to some extent a search for the African self-concept or identity for effective global interconnectedness of the races. This is to be done in a way that defines and sustains the (...) ontology and essence of the Africans, as a people who know who or what they are, and what they are capable of contributing to the world. A search for the values of ubuntu is the pursuit of a new way of doing things: a quest for a new definition of social justice in which all people, particularly the Africans and their beliefs will be given due recognition and respect in the global order. Legitimizing of ubuntu is in a way the repudiation of the colonial history of the African continent; the aggressive and relentless pursuit of the decolonization of all African spaces-economic, cultural, political, moral, intellectual, and so on. So, in summary, ubuntu is framed philosophically as a platform for liberating the Africans from all manners of peonage, domination, oppression, and exploitation both from within or outside the continent and establishing a basis for interrelations with the world. (shrink)

The late Susan Moller Okin was a leading political theorist whose scholarship tried to integrate political philosophy and issues of gender and the family. This volume stems from a conference on Okin, and contains articles by some of the top feminist and political philosophers working today. Their aim is not to celebrate Okin's work, but to constructively engage with it and further its goals.

Pragmatist Egalitarianism argues that a deep impasse plagues philosophical egalitarianism. It sets forth a conception of equality rooted in American pragmatist thought--specifically William James, John Dewey, and Richard Rorty--that successfully mediates that impasse.

Singular-term semantics has been intractable. Frege took the referents of singular terms to be their semantic values. On his account, vacuous terms lacked values. Russell separated the semantics of definite descriptions from the semantics of proper names, which caused truth-values to be composed in two different ways and still left vacuous names without values. Montague gave all noun phrases sets of verb-phrase extensions for values, which created type mismatches when noun phrases were objects and still left vacuous names without values. (...) There is a single type of value for all noun phrases that dissolves the difficulties which have beset singular-term semantics. (shrink)

Over the last twenty years, many political philosophers have rejected the idea that justice is fundamentally about distribution. Rather, justice is about social relations, and the so-called distributive paradigm should be replaced by a new relational paradigm. Kasper Lippert-Rasmussen seeks to describe, refine, and assess these thoughts and to propose a comprehensive form of egalitarianism which includes central elements from both relational and distributive paradigms. He shows why many of the challenges that luck egalitarianism faces reappear, once we try to (...) specify relational egalitarianism more fully. His discussion advances understanding of the nature of the relational ideal, and introduces new conceptual tools for understanding it and for exploring the important question of why it is desirable in the first place to relate as equals. Even severe critics of the distributive understanding of justice will find that this book casts important new light on the ideal to which they subscribe. (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

Some people are worse off than others. Does this fact give rise to moral concern? Egalitarianism claims that it does, for a wide array of reasons. It is one of the most important and hotly debated problems in moral and political philosophy, occupying a central place in the work of John Rawls, Thomas Nagel, G. A. Cohen and Derek Parfit. It also plays an important role in practical contexts such as the allocation of health care resources, the design of education (...) and tax systems, and the pursuit of global justice. Egalitarianism is a superb introduction to the problem of contemporary egalitarian theories. It explains how rival theories of egalitarianism evaluate distributions of people’s well-being, and carefully assesses the theoretical structure of each theory. It also examines how egalitarian theories are applied to the distribution of health and health care, thus bringing a deceptively complex philosophical debate into clear focus. Beginning with a brief introduction to basic terminology, Iwao Hirose examines the following topics: Rawlsian egalitarianism luck egalitarianism telic egalitarianism prioritarianism sufficientarianism equality and time equality in health and health care. Including chapter summaries, annotated further reading and a glossary, this is an ideal starting point for anyone studying distributive justice for the first time, and will also be of interest to more advanced students and researchers in philosophy, economics, political theory, public policy, and public health. (shrink)

Ubuntu, or humanness, has been theorized as a uniquely African contribution to the world. At the same time, others insist that it is a universal ethical principle. This paper particularly wants to look at a sub-theme of ubuntu studies, regarding how some of the authors and researchers have wanted to apply it to business, even suggesting that ubuntu can provide a model for ethical management principles that can also result in better outcomes for businesses. To approach business with an ethical (...) emphasis is clearly better than casting ethics aside in pursuit of profit without concern for human flourishing. But, can ubuntu management principles be used in a global capitalist framework, to soften the hard edges of cutthroat capitalism? Or does the ubuntu management approach without capitalist critique fall short of reaching the goal and practice of humanness? Additionally, perhaps the fault of current practices is not only due to the capitalist global economy, but also, an historical and a current global anti-black racism as well as sexism, which continues to skew the numbers of managers to greatly over-represent white males. This is due to historical privileging of men and the white race. We need to put forth our best efforts to ensure fair treatment of workers, who are valued as persons, and paid a good wage, with profits to go to them so that they can nourish and support their extended families. An ubuntu ethic could indeed be helpful as a guide for deciding which kinds of changes to the larger economic and political structures we should advocate and fight for (Publisher's website includes free full text). (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

In this paper, I argue that Ubuntu can be construed as a strict form of cosmopolitan moral and political theory. The implication of this is that the duty or obligation that humans owe other humans arises in virtue of humanity or the notion of human-ness. That is, one is a person insofar as he or she forms humane relations and it is this particular way of beingness that makes every person both an object and subject of duty. On this cosmopolitan (...) interpretation of Ubuntu, I therefore, argue that Ubuntu would support the principle of natural resource redistribution according to which all humans fall within the scope of justice and the principles of distributive justice. If this is right, then Ubuntu’s cosmopolitanism has something to contribute generally to cosmopolitanism, as an account of global justice. (shrink)

Ubuntu is a Bantu term meaning humanity. It is also a philosophical and ethical system of thought, from which definitions of humanness, togetherness, and social politics of difference arise. Devi Dee Mucina is a Black Indigenous Ubuntu man. In Ubuntu Relational Love, he uses Ubuntu oratures as tools to address the impacts of Euro-colonialism while regenerating relational Ubuntu governance structures. Called "millet granaries" to reflect the nourishing and sustaining nature of Indigenous knowledges, and written as letters addressed to his (...) mother, father, and children, Mucina's oratures take up questions of geopolitics, social justice, and resistance. Working through personal and historical legacies of dispossession and oppression, he challenges the fragmentation of Indigenous families and cultures and decolonizes impositions of white supremacy and masculinity. Drawing on anti-racist, African feminist, and Ubuntu theories and critically influenced by Indigenous masculinities scholarship in Canada, Ubuntu Relational Love is a powerful and engaging book. (shrink)

The term “political” egalitarianism is used here, not to refer to equality within the political sphere, but rather in John Rawls’s sense, to refer to a conception of egalitarian distributive justice that is capable of serving as the object of an overlapping consensus in a pluralistic society.1 Thus “political” egalitarianism is political in the same way that Rawls’s “political” liberalism is political. The central task when it comes to developing such a conception of equality is to determine what constraints a (...) principle of equality must satisfy in order to qualify as “freestanding,” or to be justifiable in a way that does not presuppose the correctness of any one member of the set of reasonable yet incompatible “religious, philosophical and moral” doctrines that attract large numbers of adherents in our world.2 (Rawls uses the analogy of a “module” in order to describe the way that a properly political conception of justice “fits into and can be supported by various reasonable comprehensive doctrines that endure in the society regulated by it.”3 Political egalitarianism would be “modular” in this sense.) Rather than getting embroiled in the controversies that have arisen over Rawls’s formulation of this idea, I would like simply to accept the intuition, widespread among political philosophers, that equality is the sort of principle that – if given a proper formulation – could satisfy the requirements of a political conception of justice. After all, regardless of what peoples’ projects, values, or conceptions of the good life may be, it should be possible to design a set of arrangements that would provide equal opportunity to pursue these goals, or that would treat each conception of the good with equal respect, etc. From this perspective, the principle of equality resembles the principle of Pareto-efficiency, or certain formulations of the principle of liberty – it is one that everyone should be able to endorse, insofar as it does not privilege, or presuppose the correctness of, any particular set of projects, values.. (shrink)

Much of the philosophical literature on health inequalities seeks to establish the superiority of one or another conception of luck egalitarianism. In recent years, however, an increasing number of self-avowed egalitarian philosophers have proposed replacing luck egalitarianism with alternatives that stress the moral relevance of distinct relationships, rather than the moral relevance of good or bad luck. After briefly explaining why I am not attracted to luck egalitarianism, I seek in this chapter to distinguish and clarify three views that (...) have been characterized in the philosophical literature as forms of relational egalitarianism. I call these three relational views equality of treatment, equality of concern, and social egalitarianism. I will explain why each claims to be a form of egalitarianism and why these three views should not be seen as competitors. I will argue that each brand of relational egalitarianism describes a plausible plank of distributive justice that bears on the evaluation of health inequalities and on the political institutions that create, sustain, or exacerbate them. To illustrate this pluralistic relational egalitarian approach, I will draw on a case study by Horton and Barker (this volume) to discuss how each of the three planks might be brought to bear on the evaluation of oral health disparities among the children of migrant Latino farmworkers in California. (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)

A survey of recent work on egalitarianism.

This paper discusses the roles of responsibility and desert in egalitarian theories of justice. It contrasts two main views of their relationship with justice: one according to which what justice requires depends on what people deserve (or are responsible for), and the other according to which what people deserve (or are responsible for) depends on what justice requires. The paper discusses how to interpret Rawls's remarks on desert in light of this distinction.

Luck egalitarians contend that, while each person starts out with a claim to an equal quantity of advantage, she can forfeit this claim by making certain choices. The appeal of luck egalitarianism is that it seems to satisfy what this paper calls the moral tyranny constraint. According to this constraint, any acceptable theory of justice must preclude the possibility of an agent unilaterally, discretionarily, and foreseeably leaving others with less advantage under conditions of full compliance with the theory. This paper (...) argues that claim forfeiture is built into luck egalitarianism specifically to preclude such moral tyranny. However, it contends that the dominant interpretation of luck egalitarianism fails to fully satisfy the moral tyranny constraint. It offers an alternative interpretation that both eliminates the possibility of moral tyranny and rescues the position from two other prominent objections that have been directed against luck egalitarianism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Books ReceivedAquinas on Being. By Anthony Kenny. Oxford: Clarendon Press, 2002. Pp. x + 212. Price not given.Before and after Avicenna: Proceedings of the First Conference of the Avicenna Study Group. Edited by David C. Reisman, with the assistance of Ahmed H. al Rahim. Leiden: Brill, 2003. Pp. xix + 302. Price not given.Beside Still Waters: Jews, Christians, and the Way of the Buddha. Edited by Harold Kasimow, John (...) P. Keenan, and Linda Klepinger Keenan. Boston: Wisdom Publications, 2003. Pp. 284. Paper $14.95.The Buddhist Unconscious: The ālaya-vijñāna in the Context of Indian Buddhist Thought. By William S. Waldron. London and New York: RoutledgeCurzon, 2003. Pp. xvi + 269. Price not given.Comparative Political Philosophy: Studies under the Upas Tree. Edited by Anthony J. Parel and Ronald C. Keith. Lanham, Maryland: Lexington Books, 2003. Pp. xxxviii + 260. Paper $26.95.The Confucian Quest for Order: The Origin and Formation of the Political Thought of Xun Zi. By Masayuki Sato. Leiden: Brill, 2003. Pp. xviii + 500. Price not given.Gathering the Meanings: The Compendium of Categories: The Arthaviniścaya Sūtra and Its Commentary Nibandhana. Translated from the Sanskrit by N. H. Samtani. Berkeley: Dharma Publishing, 2002. Pp. xxxiv + 390. Price not given.I Have Arrived, I Am Home: Celebrating Twenty Years of Plum Village Life. By Thich Nhat Hanh. Berkeley: Parallax Press, 2003. Pp. 253. Paper $25.00.Identity and the Moral Life. By Mrinal Miri. New Delhi: Oxford University Press, 2003. Pp. xvii + 132. Hardcover Rs 645.00.Indian Philosophers and Postmodern Thinkers: Dialogues on the Margins of Culture. By Carl Olson. New Delhi: Oxford University Press, 2002. Pp. xv + 331. Hardcover Rs 950.00.Islamic Humanism. By Lenn E. Goodman. New York: Oxford University Press, 2003. Pp. xiii + 273. Price not given.Letting Go: The Story of Zen Master Tōsui. Translated by Peter Haskel. Honolulu: University of Hawai'i Press, 2001. Pp. xv + 167. Hardcover $45.00. Paper $16.95.A Life Journey to the East: Sinological Studies in Memory of Giuliano Bertuccioli (1923-2001). Edited by Antonino Forte and Federico Masini. Kyoto: Scuola Italiana di Studi sull'Asia Orientale, 2002. Pp. xxxv + 280. Price not given.The Measure of Things: Humanism, Humility and Mystery. By David E. Cooper. Oxford: Clarendon Press, 2002. Pp. ix + 372. Price not given. [End Page 277]Mencius, Hume and the Foundations of Ethics. By Xiusheng Liu. Aldershot, Hampshire: Ashgate Publishing Limited, 2003. Pp. vii + 204. Price not given.Monks and Monarchs, Kinship and Kingship: Tanqian in Sui Buddhism and Politics. By Chen Jinhua. Kyoto: Scuola Italiana di Studi sull'Asia Orientale, 2002. Pp. xiii + 310. Price not given.Music in the Sky: The Life, Art, and Teachings of the 17th Gyalwa Karmapa Ogyen Trinley Dorje. By Michele Martin. Ithaca: Snow Lion Publications, 2003. Pp. 351. Paper $18.95, U.K. £12.95.New Confucianism: A Critical Examination. Edited by John Makeham. New York: Palgrave Macmillan, 2003. Pp. 262. Hardcover $55.00.On the Boundaries of Theological Tolerance in Islam: Abū Hāmid Al-Ghāzalī's Faysal al-Tafriqa Bayna al-Islām wa al-Zandaqa. By Sherman A. Jackson. Oxford: Oxford University Press, 2002. Pp. xiv + 156. Hardcover Rs 295.00.Pandita Ramabai's American Encounter: The Peoples of the United States (1889). By Pandita Ramabai and translated and edited by Meera Kosambi. Bloomington: Indiana University Press, 2003. Pp. xi + 284. Hardcover $59.95. Paper $29.95.Parmenides of Elea: A Verse Translation with Interpretative Essays and Commentary to the Text. By Martin J. Henn. Westport, Connecticut: Praeger, 2003. Pp. 147. Hardcover $59.95.Philosophes taoïstes, tome II: Huainan Zi, texte traduit, présenté et annoté sous la direction de Charles le Blanc et de Rémi Mathieu. Paris: Éditions Gallimard, 2003. Pp. lxxxiii + 1182. Hardcover €56,90.The Philosophy and Ethics of the Vīraśaiva Community. By Dan A. Chekki. Lewiston, New York: The Edwin Mellen Press, 2003. Pp. xxv + 287. Hardcover $119.95.Poems of Hanshan. Translated by Peter Hobson with introduction by T. H. Barrett. Walnut Creek, California: AltaMira Press, 2003. Pp. viii + 151. Hardcover $65.00. Paper $19.95.Psychoanalysis and Buddhism: An Unfolding Dialogue. Edited by Jeremy D. Safran. Boston... (shrink)

Drawing on social psychological evidence showing that the perspective from which the economically advantaged and disadvantaged view economic inequalities matters a great deal for how they are appraised, for when they are considered unfair, and for what evidentiary standards individuals rely upon to reach their conclusions, we argue that choice egalitarianism is unsuitable for articulating the demands of justice when people not only disagree about the causes of inequality but also have motivated reasons to adopt different standards for appraising its (...) fairness. Because choice egalitarianism requires us to take a stand on the causes of inequality it is an unsuitable ideal. This is a serious shortcoming when we are interested in getting people to assume collective responsibility for doing something about inequality in the real world. (shrink)

What, if anything, is wrong with high executive compensation? Is the common “lay reaction” of indignation and moral outrage justified? In this paper, my main goal is to articulate in a more systematic and philosophical manner the egalitarian responses to these questions. In order to do so, I suggest that we take some insights from recent debates on two versions of egalitarianism: a distributive one, according to which no one should be worse off than others because of unfair distributions (...) of goods and resources, especially ones based on matters of luck or arbitrary factors, and a relational one, which maintains that egalitarian justice requires members of a society to relate to one another as equals. Drawing on recent attempts to highlight the tricky nature of managerial authority, I argue that high inequalities in pay are not simply a distributional matter but should also be analyzed through a relational lens. I also attempt to show that relational egalitarians are well-equipped to question the now dominant “incentives” view of CEO compensation. (shrink)

The cosmopolitan idea of justice is commonly accused of not taking seriously the special ties and commitments of nationality and patriotism. This is because the ideal of impartial egalitarianism, which is central to the cosmopolitan view, seems to be directly opposed to the moral partiality inherent to nationalism and patriotism. In this book, Kok-Chor Tan argues that cosmopolitan justice, properly understood, can accommodate and appreciate nationalist and patriotic commitments, setting limits for these commitments without denying their moral significance. This book (...) offers a defense of cosmopolitan justice against the charge that it denies the values that ordinarily matter to people, and a defence of nationalism and patriotism against the charge that these morally partial ideals are fundamentally inconsistent with the obligations of global justice. Accessible and persuasive, this book will have broad appeal to political theorists and moral philosophers. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

Are hierarchical arrangements in the workplace, including the employer-employee relationship, consistent with the ideal of relating to one another as moral equals? With this question at its core, this volume of essays by leading moral and political philosophers explores ideas about justice in the workplace, contributing to both political philosophy and business ethics. Relational egalitarians propose that the ideal of equality is primarily an ideal of social relationships and view the equality of social relationships as having priority over the distributive (...) arrangements. Yet contemporary workplaces are characterized by hierarchical employer-employee relationships. The essays push discussions of the relational egalitarian tradition in new directions, helping to show its promise and its limits. They address pressing concerns at a time of widening inequality and rapid changes in the nature of work. (shrink)

The term Ubuntu is often presented as a mere ontological, philosophical African worldview. However, the aim of this article is to equate Ubuntu philosophy with a category of open legal principles of a constitutional nature, which, although they are not formally enshrined in the written constitutions of southern African countries that share the Bantu culture, have a normative deontic character. Therefore, it is worth emphasising that this category of thought is socially present as a norm of practical reason, from (...) which emanates the concept of justice of the Bantu peoples, who preserve a communitarian cultural identity rather than individualistic Western liberalism. The purpose of this study is to associate this worldview with a constitutional foundation of African states, especially those in southern Africa, equating it with the principles of human dignity, equality and freedom, etc., which is important for the consolidation of human rights in Africa. On the other hand, this worldview is confronted by the post-modern paradigms of global liberalism, which is also currently amalgamated in African countries. In order to achieve this objective, the research will be conducted using a methodology based on a bibliographical review and a deductive approach, supported by elements of constitutional legal dogma. (shrink)

The issue of justice after catastrophe is an enormous challenge to contemporary theories of distributive justice. In the past three decades, the controversy over distributive justice has centered on the ideal of equality. One of intensely debated issues concerns what is often called the “equality of what,” on which there are three primary views: welfarism, resourcism, and the capabilities approach. Another major point of dispute can be termed the “equality or another,” about which three positions debate: egalitarianism, prioritarianism, and sufficientarianism. (...) On these topics of distributive justice, authors are concerned with the current difference between the better-off and the worse-off or the present situation of the badly-off. By contrast, it is essential to take account of the past distribution of well-being as well as the present situation in order to explore questions of post-catastrophe justice. Without looking at the pre-disaster distribution of income, preference satisfaction, or basic capabilities among affected people, no present assessment of the damage caused by the disaster could be correct and no proposed remedy adequate. It is true that luck egalitarians assess the current distribution among people by referring to the decision that each individual made. Yet they pay scant attention to the situation in which each one stayed in the past. Therefore, we can legitimately say that most theorists of distributive justice, including luck egalitarians, have failed to give consideration to the past state of each person. -/- To fill this gap in the literature, the present article explores philosophical questions that arise when we take account of each person’s past and present situations in discussing distributive justice regarding public compensation and assistance to survivors and families of victims of natural and industrial disasters. In addressing these novel questions, I develop and refine various concepts, ideas, and arguments that have been presented in the study of distributive justice in normal settings. I tackle two tasks, the first of which is to explore the foundation and scope of luck egalitarianism. Despite the moral appeal it has in many cases, luck egalitarianism has attracted the so-called harshness objection. Some luck egalitarians attempt to avoid this objection in a pragmatic way by combining the luck egalitarian doctrine with the principle of basic needs satisfaction. However, they do not provide any systematic rationale for this combination. In contrast with such pragmatic responses, I seek to offer a principled argument for holding individuals responsible for their choices only when their basic needs are met, by invoking the ideas of respect for human voluntariness and rescue of human vulnerability. Based on this argument, I propose a form of responsibility-sensitive theory, which considers the pre-disaster distribution of well-being as a default position. The second task I take on is to refine sufficientarianism in the context of post-catastrophe justice. Luck egalitarianism with boundaries set by the basic needs principle seems to indicate the potential for sufficientarianism. But major proponents of this view conceive the welfarist assumption, a considerably high standard of well-being, and the controversial treatment of persons staying below the threshold, all of which seem problematic in the post-disaster situation. I try to construct a new version of sufficientarianism by replacing these current features with more robust ones. (shrink)

In recent years, a number of philosophers have argued that much theorizing about the value of equality, and about justice more generally, has focused unduly on distributive issues and neglected the importance of egalitarian social relationships. As a result, relational egalitarian views, according to which the value of egalitarian social relations provides the grounds of the commitment that we ought to have to equality, have gained prominence as alternatives to more fundamentally distributive accounts of the basis of egalitarianism, and of (...) justice-based entitlements. In this paper, I will suggest that reflecting on the kind of explanation of a certain class of our justice-based entitlements that relational egalitarian considerations can offer raises doubts about the project, endorsed by at least some relational egalitarians, of attempting to ground all entitlements of justice in the value of egalitarian social relationships. I will use the entitlement to healthcare provision as my central example. The central claim that I will defend is that even if relational egalitarian accounts can avoid implausible implications regarding the extension of justice-based entitlements to health care, it is more difficult to see how they can avoid what seem to me to be implausible explanations of why individuals have the justice-based entitlements that they do. To the extent that I am correct that relational egalitarian views are committed to offering implausible explanations of the grounds of justice-based entitlements to healthcare, this seems to me to provide at least some support for a more fundamentally distributive approach to thinking about justice in healthcare provision. (shrink)

Most research on Ernesto “Che” Guevara has been concerned with emphasizing his ideological Marxist commitments and anti-imperial material objectives. These scholarly concerns usually constellate recycled subjective themes highlighting the revolutionary leader hating injustice, and loving justice, in tandem with the objective of eliminating imperialism and advancing a Third World project. In 2012, Che’s Apuntes filósoficos (Eng. Philosophical Notes) were published and highlighted that his exposure to philosophy regrettably occurred late in his life, and surprisingly, the difficulty he had in (...) reading Marx and Hegel. The objective, therefore, of this multidisciplinary research navigating law, theology, philosophy, and politics is threefold. First, it alludes to and critiques the familiar pedagogy of Guevara emphasizing the importance of developing a “theory in action”, “learning through action”, being a “humanist”, and “leading by example”. Secondly, it considers the consequences of Che reifying emotion (eros) over reason (logos) thereby providing a possible answer to his “failed revolutionary story” in the Congo and Bolivia with his pedagogy involving an unstable compound mixing the emotion of compassion with rage thus clouding his reason. Finally, the third section highlights that we should not relegate emotion away from the sphere of political discourse, but rather harmonize it with reason to avoid chaotic and unpredictable errors based on subjective truths. Emphasizing the former at the expense of the latter—as maintained by a realist approach to International Relations and positivist jurisprudence accenting International Law—risks undermining scholarship challenging the immoral consequences arising from a naturalized assumption separating reason and revelation thus decriminalizing colonial practices characterizing the North and South. (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)

The aim of this article is to present a renewed reading of ethical-normative debates on recognition of cultural differences, by interrogating the initiatives that have constituted the international minority rights framework. The article is divided into three sections: 1. The first section approaches an introductory definition of minority rights. 2. The second section presents the philosophical reading of Charles Taylor on minority rights, within the ethical framework of his communitarian conception of freedom and individual development. 3. The third section (...) presents the philosophical reading of Bhabha on minority rights, within the ethical framework of his humanistic critique to the political construction of cultural differences. (shrink)

A central idea of contemporary philosophical egalitarianism's theory of justice is that involuntary inequalities or disadvantages—those that arise through no choice or fault of one's own—should be minimized or rectified in some way. Egalitarians believe that the preferred institutional vehicle for fulfilling these obligations of justice is some form of a welfare state. Of course, contemporary egalitarians disagree about the best way to interpret or understand their theory of justice and institutions: Which inequalities are chosen and which are unchosen? (...) What form of a welfare state will best serve justice? However, no contemporary egalitarian denies that egalitarian justice requires a welfare state that will redistribute income and wealth to aid the involuntarily disadvantaged. (shrink)

Topics of equality and justice have been a part of pragmatist discussions from early on. Rondel's Pragmatist Egalitarianism is an important contribution to these discussions. In the book, Rondel reflects on former pragmatists' work, continues ongoing discussions, and provides a new conceptualization of a political-philosophical field called pragmatist egalitarianism. It is a reconciliatory project with a historicist approach to pragmatism, forming a picture of a clear political-philosophical pragmatist tradition. It rejects arguments based on "ideal-theoretical" first principles and questions (...) the value of traditional conceptual analysis. In the course of forming pragmatist egalitarianism, Rondel brings forth claims... (shrink)

This brilliant and challenging book provides an overview and defence of 'luck egalitarianism', one that helpfully connects debates on luck egalitarianism to debates on what aspects of our lives egalitarians should try equalise (the 'equality of what?' debate/the debate on the 'metric' of equality) and on what respect, if any, it makes sense to see each other as equals. The book illuminates different conceptions of luck, as found in the philosophical literature, clarifies the difference between telic and deontic equality, (...) and explains the 'levelling down' problem and the way that this affects luck egalitarians, and egalitarians more generally. For these reasons, the book provides a handy introduction to a range of philosophical debates about equality amongst analytic philosophers, whether or not one is particularly interested in luck egalitarianism. However, this is not an easy book to read, and while it is advertised as suitable for advanced undergraduates, I find it hard to imagine using it in any undergraduate course I have taught in the United States, England, France or Switzerland. But this is definitely a book that masters and doctoral students should be able to read by themselves and that will be helpful for teachers preparing classes on luck egalitarianism or on equality more generally. (shrink)

There is one thing about some of the first crop of post independence rulers of Africa that I admire greatly. It is their keen sense of the practical importance of philosophy. Preeminent among them were leaders like Nkrumah, Senghor, Nyerere, Awolowo, Kaunda, and Sekou Toure. Amidst the awesome exigencies of postcolonial reconstruction they still devoted considerable attention to the philosophical bases of their programs. It can be debated whether the limits of the appreciation of the relevance of theory to (...) practice were not touched in Nkrumah's Consciencism in which proof of the consistency of his “revolutionary” propositions was offered by means of mathematical logic, but there can be no doubt of the sincerity of the underlying passion. South African Journal of Philosophy Vol. 27 2008: pp. 332-339. (shrink)

Many philosophers believe that luck egalitarianism captures “desert-like” intuitions about justice. Some even think that luck egalitariansm distributes goods in accordance with desert. In this paper, we argue that this is wrong. Desertism conflicts with luck egalitarianism in three important contexts, and, in these contexts, desertism renders the proper moral judgment. First, compared to desertism, luck egalitarianism is sometimes too stingy: it fails to justly compensate people for their socially valuable contributions—when those contributions arose from “option luck”. Second, luck egalitarianism (...) is sometimes too restrictive: it fails to justly compensate people who make a social contribution when that contribution arose from “brute luck”. Third, luck egalitarianism is too limited in scope: it cannot diagnose economic injustice arising independently of comparative levels of justice. The lesson of this paper is that luck egalitarians should consider supplementing their theory with desert considerations. Or, even better, consider desertism as a superior alternative to their theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Conscience and Calling: Ethical Reflections on Catholic Women's Church Vocations by Anne E. PatrickMary M. Doyle RocheConscience and Calling: Ethical Reflections on Catholic Women's Church Vocations Anne E. Patrick NEW YORK AND LONDON: BLOOMSBURY T&T CLARK, 2013. 197 PP. $24.95In Conscience and Calling, Anne Patrick weaves together insights into women's moral agency, vocational discernment, and historical narratives of religious women's engagement with clerical authority. Taking up James Gustafson's (...) question, "What is God enabling and requiring us to be and to do?" she offers a nuanced view of virtuous discernment and action in the context of the "ecclesial oppression" of women. Patrick asks, "What is correct 'church practice' for female moral agents in view of the institutionalized injustice toward women in Catholicism?" (59).Chapter 1 begins with cases of conflict between women's religious congregations and clerical leadership. In the first case, Sisters of the Holy Names of Jesus and Mary protested intolerable living conditions at a parish in Brooklyn, New [End Page 201] York, in 1939. When repeated requests for heat fell on the pastor's deaf ears, the sisters requested to leave the parish and were told that they would then also have to leave another thriving ministry in the diocese. The sisters acquiesced to this decision in a spirit of obedience and did not publicize the real reason for their departure. Fifty years later in Miami, Florida, when another conflict arose, the sisters involved discerned a very different response to injustice, one marked by concern for "justice, honesty, and personal responsibility." The model of a "good sister" had shifted from an emphasis on obedience and institutional loyalty toward shared responsibility for ministry and leadership.Chapter 2 surveys the landscape of women's engagement with the Church and its structures of leadership and adapts H. Richard Niebuhr's Christ and Culture to sketch five "types": women against the Church; women content with the Church; women above the Church; women and Church in paradox; and women transforming Church. Patrick proposes the transformationist model as the approach that most adequately meets the challenges that women face in the Church today; she calls on those who adopt this approach to live in creative tension with the Church and with those who follow the other models, to espouse justice and mutuality in organizational structures, and to be self-critical. Chapter 3 recounts the history of the National Assembly of Religious Women through this transformational lens.Chapter 4 proposes a "framework for love" that builds on Margaret Farley's ethic of commitment to envision an ethic of vocation that elicits "active receptivity," values the contributions of institutions, practices egalitarianism, and keeps justice and love in dialectical relationship. The "myth" of vocation (the notion that vocation is a "thing" to be discovered and pursued, like one's destiny or soul mate) is balanced by the "mystery" of vocation that engages ongoing, lifelong discernment. Controversial cases involving women religious illustrate this kind of discernment and women's striving to live justly and faithfully. The final chapter, "Vocation in a Transformed Social Context," recounts the Vatican Congregation for the Doctrine of the Faith's visitation of the Leadership Conference of Women Religious, a case that has changed the landscape for women's discernment once again. Patrick calls the Church to live out its rhetorical commitment to the dignity of women by opening all church ministries so that women might serve and lead.Conscience and Calling tells an important story about how women religious have discerned the signs of the times and imagined new vocations in the Church and the world. Though the focus here is on women in the American Catholic Church, Patrick's contribution should pave the way for sharing religious women's stories in the global context to further enrich a Christian vision of virtue and vocation for those navigating ecclesial politics and practicing ministry in particular. [End Page 202]Mary M. Doyle RocheCollege of the Holy CrossCopyright © 2017 Society of Christian Ethics... (shrink)