The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three constraints constitute (...) a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)

Does the failure of others to comply with collective duties create duties for us to step in and do their share? Defenders of the so-called duty to take up the slack answer this question in the positive. Against their view, defenders of fair shares argue that we only have a duty to contribute our fair share to discharging the collective duty. This paper offers a partial vindication of Liam Murphy’s account of fair shares. I argue that three common objections to (...) fair shares fail to rebut Murphy’s account. On the reading I propose, fair shares may ground as – or more – extensive duties towards third parties as the duty to take up the slack. In addition, fair shares provides something that defenses of slack-taking tend to omit – an account of the limits of our nonideal duties. The paper highlights previously overlooked aspects of Murphy’s account and paves the way for future discussions about slack-taking in the domain of global politics. (shrink)

This paper examines the various ways in which nonideal theory responds to noncompliance with ideal principles of justice. Taking Rawls’ definition of nonideal theory as my point of departure, I propose an understanding of this concept as comprising two subparts: Complementary nonideal theory responds to deliberate and avoidable noncompliance and consists mainly of theories of civil disobedience, rebellion, and retribution. Substitutive nonideal theory responds to nondeliberate and unavoidable noncompliance and consists mainly of theories of transition and caretaking. I further argue (...) that a special case of substitutive nonideal theory may arise when noncompliance is a result of a lack of motivation among citizens. This situation, I suggest, calls for nonideal theorizing when our aim is to evaluate the political actions undertaken by specific members of a society whose set of feasible options is constrained as a result of others’ lack of motivation and when a situation of mutually reinforcing distrust and noncooperation—sometimes called a “social trap”—constrains the feasible option set of the entire population. The main advantage of the twofold conceptualization of nonideal theory is that it bridges the theoretical gap between actor-oriented and situation-based accounts of justice: It allows us to preserve the term ideal justice for justice under minimal feasibility constraints, while recognizing that a situation where all agents comply with their duties must in some sense be characterized as just. (shrink)

This paper contributes to recent discussions on ideal anarchism vs. ideal statism. I argue, contra ideal anarchists, that coercive state institutions would be justified even in a society populated by morally perfect individuals. My defense of ideal statism is novel in that it highlights the moral benefits of state coercion. Rather than the practical effects on individual compliance or the distributive outcomes that follow therefrom, coercive state institutions are justified through the moral benefits they provide. The state is morally beneficial (...) because it a) lessens the demands on the will that fall on agents under ideal anarchism, and b) counters the structural domination that follows from differences in natural endowments. By shifting the focus of the debate from feasibility to desirability, the paper exposes the flaws of ideal anarchism and provides new insights into the moral value of the state. (shrink)

This article clarifies the disagreement concerning ideal theory’s action-guiding capacity through the unpacking of two underlying disagreements. The first concerns the threshold for action-guidance on the scales of empirical and normative determinacy; I argue that the dispute between critics and proponents of ideal theory is not about whether ideal principles offer some specific information, but about which information should count as action-guiding. The second concerns the task of normative principles; I argue that the different weight critics and proponents attribute to (...) the risks associated with ideal theory may reflect diverging views on whether principles primarily generate or explain normative judgments. (shrink)