Principles or Imagination? Two Approaches to Global Justice

What does it mean to introduce the notion of imagination in the discussion about global justice? What is gained by studying the role of imagination in thinking about global justice? Does a focus on imagination imply that we must replace existing influential principle-centred approaches such as that of John Rawls and his critics?

We can distinguish between two approaches to global justice. One approach is Rawlsian and Kantian in inspiration. Discussions within this tradition typically focus on the question whether Rawls's theory of justice (1971), designed for the national level, can or should be applied to the global level. Can and should Rawls's Difference Principle be globalized, as Thomas Pogge argues? Is this proposal superior to Rawls's Law of Peoples (1999)? Another approach to global justice has been developed by Martha Nussbaum in Cultivating Humanity (1997), Poetic Justice (1995), and other work. I will construct her view and critically examine it by looking at her arguments about the relation between empathy, literature, and global justice.

At first sight, these two approaches seem to be opposed. The former puts an emphasis on principles, universal reason, and the moral aspects of institutions and their policies, whereas the latter is rather concerned with the relation between imagination and justice, with the particular, and with the individual moral development. But is this necessarily so? I will show that both approaches could benefit from each other's insights to strengthen their own position. Moreover, I will argue for middle way between, or an integration of the two approaches that combines principles and imagination. In this way, we can move towards a more comprehensive account of global justice.     

Agency and responsibility: The personal and the political

In this paper, I review arguments according to which harsh criminal punishments and poverty are undeserved and therefore unjust. Such arguments come in different forms. First, one may argue that no one deserves to be poor or be punished, because there is no such thing as desert-entailing moral responsibility. Second, one may argue that poor people in particular do not deserve to remain in poverty or to be punished if they commit crimes, because poor people suffer from psychological problems that undermine their agency and moral responsibility. Third, one may argue that poor and otherwise marginalized people frequently face external obstacles that prevent them from taking alternative courses of action. The first kind of argument has its place in the philosophy seminar. Psychological difficulties may be important to attend to both in personal relationships and when holding ourselves responsible. Nevertheless, I argue that neither type of argument belongs in political contexts. Moral responsibility scepticism ultimately rests on contested intuitions. Labelling certain groups of people particularly irrational, weak-willed, or similar is belittling and disrespectful; such claims are also hard to prove, and may have the opposite effect to the intended one on people's attitudes. Arguments from external obstacles have none of these problems. Such arguments may not take us all the way to criminal justice reform, but in this context, we can supplement them with epistemic arguments and crime prevention arguments.     

Justice as a Family Value: How a Commitment to Fairness is Compatible with Love

Many discussions of love and the family treat issues of justice as something alien. On this view, concerns about whether one's family is internally just are in tension with the modes of interaction that are characteristic of loving families. In this essay, we challenge this widespread view. We argue that once justice becomes a shared family concern, its pursuit is compatible with loving familial relations. We examine four arguments for the thesis that a concern with justice is not at home within a loving family, and we explain why these arguments fail. We develop and defend an alternative conception of the justice‐oriented loving family, arguing that justice can—and, for the sake of justice, should—be seen as a family value.     

Can We Use Social Policy to Enhance Compliance with Moral Obligations to Animals?

Those who wish to abolish or restrict the use of non-human animals in so-called factory farming and/or experimentation often argue that these animal use practices are incommensurate with animals’ moral status. If sound, these arguments would establish that, as a matter of ethics or justice, we should voluntarily abstain from the immoral animal use practices in question. But these arguments can’t and shouldn’t be taken to establish a related conclusion: that the moral status of animals justifies political intervention to disallow or significantly diminish factory farming and animal experimentation. In this paper, we set out to do two things: First, we argue that while the arguments mentioned above may establish the moral impermissibility or injustice of the practices they condemn, they are not sufficient to justify political interventions or social policies to abolish or restrict such practices. It is one thing to argue that some moral imperative or imperative of justice exists, and quite another thing to call for the use of political power to induce compliance with that imperative. Our second task is to assess the prospects for developing an argument that is sufficient to justify political interventions to restrict or abolish the use of non-human animals in factory farming or experimentation. Beyond establishing the immorality or injustice of animal consumption or experimentation, one must show that the interventions in question constitute legitimate use of political power. Would prohibiting or discouraging animal use be legitimate? We attempt to answer this question within the context of fundamental liberal constraints on the legitimate use of coercive political power.     

Toward a better understanding of the justice judgment process: The influence of fair and unfair events on state justice sensitivity

People differ in the way they regard justice. Although some people may be relatively unaffected by justice issues, many others regard justice as a very important concept and react to it accordingly. Prior research suggests that this sensitivity to justice is a stable personality trait. In three studies, we show that (compared to neutral events) experiencing just and unjust events (directed toward the self or others) can elevate state levels of justice sensitivity. We discuss the implications of these findings, including the notion how these results can lead to a better understanding of the justice judgment process. Copyright © 2009 John Wiley & Sons, Ltd.     

Distributive Justice and Co-Operation in a World of Humans and Non-Humans: A Contractarian Argument for Drawing Non-Humans into the Sphere of Justice

Various arguments have been provided for drawing non-humans such as animals and artificial agents into the sphere of moral consideration. In this paper, I argue for a shift from an ontological to a social-philosophical approach: instead of asking what an entity is, we should try to conceptually grasp the quasi-social dimension of relations between non-humans and humans. This allows me to reconsider the problem of justice, in particular distributive justice. Engaging with the work of Rawls, I show that an expansion of the contractarian framework to non-humans causes an important problem for liberalism, but can be justified by a contractarian argument. Responding to Bell’s and Nussbaum’s comments on Rawls, I argue that we can justify drawing non-humans into the sphere of distributive justice by relying on the notion of a co-operative scheme. I discuss what co-operation between humans and non-humans can mean and the extent to which it depends on properties. I conclude that we need to imagine principles of ecological and technological distributive justice.     

Spheres of Justice within Schools: Reflections and Evidence on the Distribution of Educational Goods

This article argues that there are distinct spheres of justice within education and examines a range of justice norms and distribution rules that characterize the daily life of schools and classrooms. Moving from the macro to micro level, we identify the following five areas: the right to education, the allocation of (or selection into) learning places, teaching–learning practices, teachers’ treatment of students, and student evaluations of grade distribution. We discuss the literature on the beliefs by students and teachers about the just distribution of educational goods in these five domains, and on the practices used in the actual allocation of these goods. In line with normative ‘spheres of justice’ arguments in social theory, we conclude that the ideals of social justice within schools vary strongly according to the particular resource to be distributed. Moreover, these ideals often do not correspond with the practices that actually guide resource distribution in education, which may go some way toward explaining explicit or latent conflicts in this sphere. Justice is a human construction, and it is doubtful that it can be made in only one way – Michael Walzer (1983, p. 5)     

Indirect cosmopolitan education: on the contribution of national education to attitudes towards foreigners

ABSTRACT

Many rich countries are witnessing the rise of xenophobic political parties. The opposition to immigration and global redistributive policies is high. How can we pursue global justice in such non-ideal circumstances? Whatever the way we want to pursue global justice, it seems that a change in the political ethos of citizens from rich countries will be necessary. They must come to internalize some genuine concern for foreigners and relativize national identities. Can education contribute to the promotion of such cosmopolitan ethos? An overtly cosmopolitan educational agenda is not likely to be endorsed in these societies where national ties and national priority may be considered fully legitimate by the majority. Nevertheless, this paper argues, some more achievable educational aims may have desirable cosmopolitan spillover effects although it is not their primary purpose. Decentration, empathy, critical thinking, understanding of social reality and social mix can be defended as necessary for a better domestic society. Yet these aims also make the widespread development of a cosmopolitan ethos more likely. This paper thus considers the arguments that can be made for these educational aims and their potential effects on citizens’ attitudes towards foreigners. Then, it discusses a possible tension with another aspect of national civic education: national integration.     

Desert and the Control Asymmetry

According to what we could call the “liberal” theory of distributive justice, people do not deserve the money they are able to make in the market for contributing to the economy. Yet the standard arguments for that view, which center on the fact that persons have very limited control over the size of their contributions, would also seem to imply that persons cannot deserve admiration, appreciation, esteem, praise and so on for these and other contributions. The control asymmetry is this: the first conclusion of these arguments is acceptable but the second not. This paper is an effort to defend that claim, but without appeal to the notion of control.     

Should we presume moral turpitude in our children? – Small children and consent to medical research

When children are too young to make their ownautonomous decisions, decisions have to be madefor them. In certain contexts we allow parentsand others to make these decisions, and do notinterfere unless the decision clearly violatesthe best interest of the child. In othercontexts we put a priori limits on whatkind of decisions parents can make, and/or whatkinds of considerations they have to take intoaccount. Consent to medical research currentlyfalls into the second group mentioned here. Wewant to consider and ultimately reject one ofthe arguments put forward for putting medicalresearch into the second category. We willargue that some objections to children'sparticipation in research are either based onan implausibly restrictive conception of whatis in fact in the child's best interests orthat there is an implicit and false premisehidden in this argument; i.e., the premise thatour children have so deeply fallen into moralturpitude that we must assume that they wouldnot want to fulfill their moral obligations,or, that they will grow up to be morallydeficient and will then wish not to have actedwell while a child.     

A Capability Approach to Justice as a Virtue

In The Idea of Justice, Amartya Sen argues for an approach to justice that is comparative and realization-based rather than transcendental and institutional. While Sen’s arguments for such an approach may not be as convincing as he thought, there are additional arguments for it, and one is that it provides a unique and valuable platform on which an account of justice as a virtue of social and political actors (including institutions and social movements) can be built. Hence new dimensions of comparison are opened up: some actors are better disposed and more successful than others at leading social change in the direction of greater justice. The main objective of this article is to use the capability approach to construct such an account. Six dimensions of acting justly are identified: (1) reducing capability shortfalls; (2) expanding capabilities for all; (3) saving the worst-off as a first step towards their full participation in economy and society, (4) which is also to be promoted by a system of entitlements protecting all from social exclusion; while (5) supporting the empowerment of those whose capabilities are to expand; and (6) respecting ethical values and legitimate procedures. I conclude by sketching some underlying moral psychology.     

Psychological science and analogical reminding in the design of artifacts

In this article, we discuss two approaches to design currently prevalent in the field of human- computer interaction. Proponents of one approach advocate working from first principles of psychological science; practitioners of the second, engineering, approach find that successful design is often the result of analogical discovery. However, these approaches have not yet been evaluated for the usability of their methods. Can designers work in each of these ways? What are the difficulties? How can they be overcome? In this paper, we take a first step in addressing these questions. We analyze the form in which principle-based design poses its questions, thereby uncovering some of the difficulty that is encountered in this way of working. Furthermore, we analyze the form in which engineering problems are expressed and identify an advantage of this typically analogical way of working. We then suggest a way in which analogy-based design can supplement both principle-based and empirically driven design.     

Ideas of justice and reconstructions of Confucian justice

Confucianism tends to play only a marginal role in current theorizing about justice, which is a global pursuit dominated by Western theory and its strong tendency to assume that justice refers to some substantive conception of distributive, socioeconomic justice. This article examines and compares reconstructions of Confucian justice by Joseph Chan, May Sim, and Fan Ruiping. Each reconstruction makes reference to both classical and modern Western justice theory and thus each involves a comparative approach; indeed, each reconstruction seeks ultimately, in its own distinctive fashion, to present a version of Confucian justice that is comparable with modern Western justice theory. In this article we assess, critically and comparatively, the tertium comparationis and the arguments in each reconstruction. While our analysis does not wholly endorse any of the reconstructions, it shows that there is a richness and vitality to Confucian justice theory that merits proper consideration in justice theory conceived as a truly global and cosmopolitan discipline.     

The Metaphysical Consequences of Counterfactual Skepticism

A series of recent arguments purport to show that most counterfactuals of the form if A had happened then C would have happened are not true. These arguments pose a challenge to those of us who think that counterfactual discourse is a useful part of ordinary conversation, of philosophical reasoning, and of scientific inquiry. Either we find a way to revise the semantics for counterfactuals in order to avoid these arguments, or we find a way to ensure that the relevant counterfactuals, while not true, are still assertible. I argue that regardless of which of these two strategies we choose, the natural ways of implementing these strategies all share a surprising consequence: they commit us to a particular metaphysical view about chance.     

Retrospective Analysis of Gender Differences in Reaction to Media Coverage of Crisis Events: New Insights on the Justice and Care Orientations

We surveyed 2,125 men and 3,735 women (N = 5,860) across the USA to test hypothesized relationships regarding women’s and men’s use of justice and care orientations when they confront crisis events with moral implications. Consistent with previous research, we found that women were more likely than men to adopt a care orientation. Contrary to expectations, however, women also adopted a justice response to a greater degree than did men. We found that, in response to a crisis, women, unlike men, were more likely to believe they would connect with others and take action. Implications for explaining inconsistencies in prior research findings on the justice and care orientations, and for conceptualizing these important constructs in a new way, are discussed.     

Resolving the justice dilemma by improving the outcomes: The case of employee drug screening

In this paper we seek to accomplish two objectives. First, we review and describe a phenomenon we call the justice dilemma. We argue that workers often perceive valid assessment practices to be unfair. By using these techniques, employers risk incurring hidden costs that are associated with perceived injustice. Thus, it is sometimes impractical to utilize an assessment technique even though the procedure has good validity evidence. Our second purpose is to propose and test one way that organizations can resolve the justice dilemma. We do this in the context of workplace drug screening. We argue that employees are often more tolerant of controversial assessment techniques to the extent that these procedures do not result in particularly negative outcomes. In a field study examining employee reactions to a drug screening program, this proposition was generally supported.     

Resolving the justice dilemma by improving the outcomes: The case of employee drug screening

In this paper we seek to accomplish two objectives. First, we review and describe a phenomenon we call the justice dilemma. We argue that workers often perceive valid assessment practices to be unfair. By using these techniques, employers risk incurring hidden costs that are associated with perceived injustice. Thus, it is sometimes impractical to utilize an assessment technique even though the procedure has good validity evidence. Our second purpose is to propose and test one way that organizations can resolve the justice dilemma. We do this in the context of workplace drug screening We argue that employees are often more tolerant of controversial assessment techniques to the extent that these procedures do not result in particularly negative outcomes. In a field study examining employee reactions to a drug screening program, this proposition was generally supported.     

Why Migration Justice Still Requires Open Borders

I revisit themes from Against Borders: Why the World Needs Free Movement of People (2020) in dialogue with Gillian Brock's Justice of People on the Move (2020) and Sarah Song's Immigration and Democracy (2019). We share the conviction that current border regimes are deeply unjust but differ in what migration justice requires. Brock and Song continue to give states significant discretion to exclude people from entering and settling in their territories, whereas I contend that migration justice demands open borders. I reject the claim that state self-determination justifies migration restrictions. Central arguments for open borders highlight the role that restrictive border controls and the state category of ‘immigrant’ play in upholding racialised hierarchies and exploitative economic relations, as well as in inflicting violence against mobile people.     

Markets,Choice and Agency

John Tomasi’s Free Market Fairness (2012) introduces several powerful arguments in favour of a novel and surprising thesis: the best way to realize Rawls’s principles of justice is a free market society, rather than the arrangements that Rawls himself believed would best promote justice. In this paper, I adduce three arguments against Tomasi. First, I suggest that his view rests on a faulty understanding of what constitutes conventional property rights. Second, I argue that many market solutions generate choices which are not valuable ones for the agent to have to make. Third, I show that many choices created by the market systems Tomasi favours create the illusion that citizens are making their own choices when in fact they are not. I suggest that taken together these three arguments are sufficient to defend Rawlsian institutional arrangements against Tomasi’s challenge.     

No Harm,No Foul? Justifying Bans On Safe Performance-Enhancing Drugs

Scholars such as Simon (2007; 2004) and Loland (2002) as well as the authors of the World Anti-Doping Code (2001) argue that using performance-enhancing substances is unhealthy and unfairly coercive for other athletes. Critics of the anti-doping position such as Hoberman (1995), Miah et al. (2005) and Tamburrini (2007) are quick to argue that such prohibitions, even though well-intended, constitute an unjustifiable form of paternalism. However, advocates for both of these positions assume that preserving good health and, conversely, avoiding health-related harms, lie at the centre of the debate. Given the apparent stalemate in the debate over the validity of health concerns on performance-enhancing drugs, in this essay, I investigate ethical issues of ‘harm-free’ pharmaceutical performance enhancement. Beginning with the hypothesis that a harm-free performance-enhancing drug may be produced in the future, I ask if there would still be compelling reasons for prohibiting such a drug. I address this question by providing two arguments against allowing athletes to use pharmaceutical performance-enhancing drugs – the damage to the testing and contesting of sport and the loss of internal goods that are intrinsically satisfying. These two arguments taken together, I argue, are sufficient to sustain the prohibition of pharmaceutical performance-enhancing drugs without citing their harmful side effects.