Injustice in American liberal democracy: Foundations for a Rawlsian critique

Conclusion Rawls stipulates that nonideal theory must include theories of punishment and compensatory justice, as well as a justification for the forms of opposition to unjust regimes, from civil disobedience and conscientious refusal to militant resistance, rebellion and revolution. (TOJ, p. 8) Given the Kantian interpretation of nonideal theory we now can see that each of its parts must be constructed to contribute to the teaching of justice. The preferred theory of moral development enables us to understand how persons come to adopt nonideal conceptions and practices, and how they can be convinced to change their thinking. The theory of history enables us to determine which traditions contain empirical causes of contemporary conceptions and practices.We recall that Rawls identifies the parties in the original position as we ourselves; when we ground our judgments upon its procedures, then we can perceive the world as persons in that position do. Our view need not be obscured by the economic determinism of traditional Marxism, nor does it require a psychoanalytic corrective in the manner stipulated by contemporary critical Marxists. A Rawlsian critique of American liberal democracy resolves the question of these determinants in the same way as it resolves all questions of an empirical nature, by placing them in their systematic unity according to a Kantian moral anthropology. If we can see what judgments result regarding empirical injustices and their removal we may ourselves learn something of how to redesign nonideal culture to conform to ideal principles of justice. And this prospect in turn is identical to the prospect of constructing a bridge between social theory and practice within liberal democracy.An earlier draft of this paper was read at the Tenth Interamerican Congress of Philosophy on Human Rights, Tallahassee, Fla., 1981.     

Moral Realism,Social Construction,and Realism,Social Construction,and Communal Ontology

The paper examines two forms of naturalistic moral realism, “Microstructure realism” (MSR) and “Reason realism” (RR). The latter, as we defend it, locates the objectivity of moral facts in socially constructed reality, but the former, as exemplified by David Brink’s model of naturalistic moral realism, secures the objectivity of moral facts in their micro-structure and a nomic supervenience relationship. We find MSR’s parity argument for this account of moral facts implausible; it yields a relationship between moral facts and their natural-scientific constitution that has a queer, slapped-together quality. We argue that the relationship needs to be spelled out by a process of social construction, involving collective intentionality and constitutive rules. We explain how our constructivist model of RR differs from a form of it defended by Michael Smith (1994), which analyzes moral facts by reference not to construction but rather to a hypothetical situation of full rationality. We agree with Smith, as against Bernard Williams, that a rational agent may have reasons for acting that go beyond the agent’s “subjective motivational set,” but we locate such reasons by reference to the agent’s membership in an actual community, and we explore the prospects for moral objectivity given this constraint on moral reasons.     

Happiness,morality, and politics

The idea that politics should promote the happiness of the population is rather common in the community of happiness researchers. This political view is sometimes based on the happiness principle, the fundamental ethical view that we have a strong moral reason to do what we can to maximize the happiness and minimize the suffering in the world. The first main purpose of this paper is to investigate (1) what role this principle play in ethics as a whole, how it should be weighed against other moral considerations, and (2) how exactly it should be understood, i.e. which possible version of the principle that is most plausible. This is the only way to arrive at well-founded theory of the fundamental moral (and political) significance of happiness and suffering (an “ethics of happiness and suffering”). The idea that politics should promote happiness is sometimes accompanied by the notion that we should introduce some kind of happiness index, and that it is a central goal of politics to maximize the value of this index. The second main purpose of this paper is to examine this suggestion. I will first ask (3) how such an index should be constructed, assuming that it might be a good idea to construct an index in the first place. I assume that an index of this kind cannot be plausible unless it incorporates a number of moral considerations, and that (3) is very closely related to (2). I will then ask (4) whether the suggestion is plausible, or whether there are better ways to put a politics of happiness into practice, e.g. to simply apply the knowledge we have about the determinants of happiness.     

Perception, Color, and Realism

One reason philosophers have addressed the metaphysics of color is its apparent relevance to the sciences concerned with color phenomena. In the light of such thinking, this paper examines a pairing of views that has received much attention: color physicalism and externalism about the content of perceptual experience. It is argued that the latter is a dubious conception of the workings of our perceptual systems. Together with flawed appeals to the empirical literature, it has led some philosophers to grant color physicalism a scientific legitimacy it does not merit. This discussion provides a useful entry into broader points pertaining to debates about color realism and the relationship between philosophical theories of color and the relevant empirical literatures. A sketch of a novel form of color realism is offered, as is an example that fills in some details of that sketch.     

Realism,Positivism and Reference

Summary  Depending on the realist or instrumentalist twist that is given to positivism, interesting arguments can be made for both causal and classical theories of reference with regard to the use of scientific terms in the language of theory. But my claim is that the rigid foundationalism that supports the theoretical terms via the correspondence rules of the Received View undercuts the notion that it is possible to argue coherently for a causal theory of reference as allied to a positivistic view.     

Cooperation, competition, and democracy

Rawlsian framework is based on a cooperation model, which takes a democratic society as a cooperation system. Such a conception of democracy not only obscures the distinction between democracy and despotism, but also makes it hard to argue for the superiority of democracy over despotism. This article develops a different model, the competition model, to explain the historical development towards democracy and to justify democracy as a social order superior to despotism. The article argues that once we adopt the competition model to understand democracy, its distinctive characters as well as its merits will fully bear out.