FELDMAN'S JUSTICIZED ACT UTILITARIANISM

In Confrontations with the Reaper Fred Feldman puts forward puts forward an ethical theory called ‘justicized act utilitarianism’, JAU, according to which an act is morally right if and only if it maximizes universal justice level, i.e., brings it about that as many as possible get what they deserve. It is here argued that JAU is exposed to objections under the force of which it either loses its special emphasis on justice or its utilitarian character. It is also contended that, contrary to what Feldman suggests, JAU does not deal more plausibly with procreation and abortion than do more familiar forms of utilitarianism. Rather, it deals less plausibly at least with abortion, due to difficulties in the concept of desert.     

The lottery of life and moral desert: An empirical investigation

As John Rawls makes clear in A Theory of Justice, there is a popular and influential strand of political thought for which brute luck – that is, being lucky (or unlucky) in the so-called “lottery of life” – ought to have no place in a theory of distributive justice. Yet the debate about luck, desert, and fairness in contemporary political philosophy has recently been rekindled by a handful of philosophers who claim that desert should play a bigger role in theories of distributive justice. In the present paper, we present the results of our attempts to fill in some of the missing empirical details of this debate. Our findings provide some preliminary evidence that, contrary to what most contemporary political philosophers have assumed, people are not as worried by natural luck as previously thought. Instead, people’s worries seem to be focused exclusively on inequalities generated by social luck.     

INFINITE REGRESS ARGUMENTS

Abstract

Gerald Cohen's critique of John Rawls's theory of justice is that it is concerned only with the justice of social institutions, and must thus arbitrarily draw a line between those inequalities excluded and those allowed by the basic structure. Cohen claims that a proper concern with the interests of the least advantaged would rule out ‘incentives’ for ‘talented’ individuals. I argue that Rawls's assumption that the subject of justice is the basic structure of society does not arbitrarily restrict the concerns of political justice, as Cohen claims. Further, I argue that it does not allow ‘deep’ inequalities within a just basic structure. When properly understood, Rawls's theory of justice is strongly egalitarian, taken as a theory of fairness in the way the burdens and benefits of social cooperation are distributed, even if it is not as egalitarian as Cohen wishes.     

THE RESCUE DEFENCE OF CAPITAL PUNISHMENT

Many political philosophers today think of justice as fundamentally about fairness, while those who defend capital punishment typically hold that justice is fundamentally about desert. In this paper I show that justice as fairness calls for capital punishment because the continued existence of murderers increases unfairness between themselves and their victims, increasing the harm to murdered persons. Rescuing murdered persons from increasing harm is prima facie morally required, and so capital punishment is a prima facie duty of society and sentencing judges. 1     

Rawls and the metaphysical tradition

Abstract

Political philosophers, like all philosophers, can be divided into roughly two camps. There are those who are principally metaphysical in their conclusions; feeling that there is something in the nature of things to find or locate to settle the disputes commonly considered to be political disputes, and those others who explicitly reject that type of formulation. Placing the work of John Rawls into one of these categories is, I think, rather challenging; crudely, Rawls can be seen as having made noises of both sorts. The attempt to situate Rawls’s A Theory of Justice both within and beyond the grand metaphysical tradition lies at the center of this paper’s ambitions. This paper also aims to reflect, more generally, on the strengths and weaknesses of Rawls’s Theory. While it will be argued that John Rawls’s early conception of justice is, for the most part, admirable, it will be shown that firstly, Rawls does not fully leave behind the metaphysical inclination that he, as a self-declared non-metaphysical philosopher, is adamant on setting aside, and secondly, although this is very much related to the first point, Rawls’s theory of justice is too heavily grounded in and dependent on the truth of liberalism and thus fails to be adequately mindful of historicism. An examination of the metaphysical flavors in the early articulation of Rawls’s Theory is significant for two main reasons (1) such an examination compels us to ask whether or not Rawls’s Theory was successful, given what we assume were Rawls’s non-metaphysical ambitions, and (2) that the legacy of John Rawls should probably be better off, philosophically speaking (ceterus paribus and by our present lights), if metaphysics were absent in his Theory.     

Reckoning With Kant on Race*

This essay develops Kant’s theory of reform to theorize racial justice reform. I assess the function of Kant’s philosophy of race as part of his nonideal theory of justice, which offers a racist pragmatic anthropology that uses the concept of race to determine the practical effectiveness of legislative reason. His philosophy of race defends a teleological account of the natural history of the human species to fulfill the requirements of justice and assumes that certain racial groups have failed to develop their innate capacity for legislative reason. I show that we need an alternative Kantian nonideal theory of justice that demonstrates how legislative reason actualizes practical freedom. Rather than appeal to anthropology, I expand Kant’s model of public reason to advance racial justice reform under the conditions of partial compliance to the requirements of justice in a profoundly nonideal republic such as the U.S. I then showcase the promise—and limits—of the a priori ideals of citizenship and publicity for racial justice reform and introduce the new ideal of interracial civic fellowship to guide the public use of reason in nonideal circumstances.     

Ethos,pathos and logos in Aristotle's Rhetoric: A re-examination

In Aristotle's Rhetoric, logos must be conceived as enthymematical argumentation relative to the issue of the case. Ethos and pathos also can take the form of an enthymeme, but this argumentation doesn't relate (directly) to the issue. In this kind of enthymeme, the conclusion is relative to the ethos of the speaker or (reasons for) the pathos of the audience. In an ideal situation — with a good procedure and rational judges — logos dominates and in the real situation of Aristotle's time — with an imperfect procedure and irrational judges — ethos and pathos prevail.I should like to thank R. Berkenbosch and J. Wisse for their comments.     

Truth in the Investigations

According to a widespread interpretation, in the Investigations Wittgenstein adopted a deflationary or redundancy theory of truth. On this view, Wittgenstein’s pronouncements about truth should be understood in the light of his invocation of the equivalences ‘p’ is true = p and ‘p’ is false = not p. This paper shows that this interpretation does not do justice to Wittgenstein’s thoughts. I will be claiming that, in fact, in his second book Wittgenstein is returning to the pre-Tractarian notion of bipolarity, and that his new development of this notion in the Investigations excludes the redundancy-deflationary reading. Wittgenstein’s thoughts about truth are instead compatible with another interpretative option: Wittgenstein remains faithful to his methodological pronouncements, and he merely presents us with (grammatical) platitudes about the notions of “true” and “false”.

     

Fons Iustitiae: Justice in the City of God

This article seeks to account for the nature of human justice in the City of God. I argue that finite justice, for Augustine, is participatory; it always ‘refers’ itself to the font of justice from which it overflows; it is always received by participation in Christ’s justice. This claim implicates both of Augustine’s central adversaries in the City of God, namely, imperial paganism and Pelagianism. Attention to how Augustine weaves the two major polemical antagonists of the City of God, imperial paganism and Pelagianism, into the same cloth reveals a unified claim about justice in the City of God. Both of Augustine’s antagonists are guilty of claiming a self‐referential and self‐manufactured conception of justice. Pagans and Pelagians do not confess justice as a gift received; they instead treat it as something constructed on the tottering foundation of collective or personal virtue. Justice in both cases fails and finds its end in self‐glorification and pride. Finally, I propose that Augustine’s participatory account of justice has implications for a vexed twentieth‐century debate about the City of God, namely the question of what allegiance, responsibilities and loves citizens of the heavenly city ought to have towards the earthly city in which they live as pilgrims.     

Luck and the Domain of Distributive Justice

相似文献   

Why we can still believe the error theory

The error theory is a metaethical theory that maintains that normative judgments are beliefs that ascribe normative properties, and that these properties do not exist. In a recent paper, Bart Streumer argues that it is impossible to fully believe the error theory. Surprisingly, he claims that this is not a problem for the error theorist: even if we can’t fully believe the error theory, the good news is that we can still come close to believing the error theory. In this paper I show that Streumer’s arguments fail. First, I lay out Streumer’s argument for why we can’t believe the error theory. Then, I argue against the unbelievability of the error theory. Finally, I show that Streumer’s positive proposal that we can come close to believing the error theory is actually undermined by his own argument for why we can’t believe the error theory.     

Disaggregated pluralistic theories of global distributive justice – a critique

Pluralistic theories of global distributive justice aim at justifying a plurality of principles for various subglobal contexts of distributive justice. Helena de Bres has recently proposed the class of disaggregated pluralistic theories, according to which we should refrain from defending principles that apply to the shared background conditions of such subglobal contexts. This article argues that if one does not justify how these background conditions should be regulated by principles of a just global basic structure, then the (apparent) realization of the principles that are justified for the subglobal contexts of distributive justice can erode and undermine justice over time. For example, the realization of justice in international trade might undermine climate justice, at least if climate justice requires increasing tariffs (in order to mitigate greenhouse gas emissions) but justice in international trade calls for reducing tariffs (in order to create a level playing field). Principles of a just global basic structure would have to ensure that such justice-eroding spillover effects from one to another context of justice do not occur. Finally, the article responds critically to de Bres’ objections that an account of a just global basic structure is too idealistic, not action guiding, and superfluous.     

Marriage,Morality, and Institutional Value

This paper develops a Kantian account of the moral assessment of institutions. The problem I address is this: while a deontological theory may find that some legal institutions are required by justice, it is not obvious how such a theory can assess institutions not strictly required (or prohibited) by justice. As a starting-point, I consider intuitions that in some cases it is desirable to attribute non-consequentialist moral value to institutions not required by justice. I will argue that neither consequentialist nor virtue-ethical accounts account for these intuitions, suggesting that a distinctive deontological account is needed. The account I give is drawn from Kant’s Metaphysics of Morals; I distinguish it from Kantian views of institutions developed by Barbara Herman and Onora O’Neill. Throughout, I use marriage as an example.

Comparative Assessments of Justice, Political Feasibility, and Ideal Theory

What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative approach” to the theory of justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation.     

Simone Weil: The Ethics of Affliction and the Aesthetics of Attention

ABSTRACT

For Simone Weil the invocation of ‘rights’ to address extreme human suffering–what she calls ‘affliction’–is ‘ludicrously inadequate’. Rights, Weil argues, invite a response, whereas what the afflicted require is not dialogue but simply to be heard. For Weil, hearing the ‘cry’ of the afflicted is the basis of all justice. The task of such a hearing is given over to Weil’s concept of attention, which demands an ethics of creative silence. This paper will argue that central to Weil’s ethics of attention, and thus the way she thinks we should show compassion and act justly, is the Kantian aesthetic concept of disinterestedness. I will argue that whilst Weil is influenced by Kant in multiple ways, it is his aesthetics, rather than his normative moral theory, that is most at play in her own ethical theory of attention.     

Justice and a Citizens' Basic Income

Is it possible for a society with a market economy to be just? Unlike Marxists, egalitarian liberals believe that there are some conceivable circumstances where such a society could fulfil the requirements of social justice. A market society need not be exploitative. One proposal that has recently received much attention among political theorists is the suggestion that citizens should receive a basic income. Philippe Van Parijs's Real Freedom for All: What (if anything) can justify capitalism? presents one of the most sophisticated philosophical arguments in favour of a citizens' basic income. In this paper I critically assess Van Parijs's proposal for a citizens' unconditional basic income. I develop three Rawlsian objections which cast doubt on the idea that Van Parijs's proposal can play a foundational role in a viable theory of social justice. I label these objections: (1) the objection from leisure (2) the objection from citizenship and (3) the objection from self-respect.     

Representation,Presentation and the Epistemic Role of Perceptual Experience

Abstract

In this paper I argue that the representational theory of perception, on which the world is represented as being a certain way in perceptual experience, cannot explain how there can be a genuinely epistemic connection between experience and belief. I try to show that we are positively required to deny that perceptual consciousness is contentful if we want to make its fitness for epistemic duties intelligible. (So versions of the representational theory on which experience has a merely causal purchase on belief are not considered.) But my aim is not just negative. I try to defeat representationalism in such a way as to motivate a robustly presentational theory of perception. According to such a theory, perceptions are relations not between a subject and a content but between a subject and an ordinary object (such that if the relation holds at t, an appropriate subject and object must exist at t, and the object must be presented to the subject). I end by sketching an account of perceptual experience that is meant to show that, contrary to a very popular misconception, there is a way to conceive perceptual consciousness as relational and presentational (not intentional and representational) that does not succumb to the celebrated ‘myth of the Given’.     

The Invisible Foole

I review the classic skeptical challenges of Foole in Leviathan and the Lydian Shepherd in Republic against the prudential rationality of justice. Attempts to meet these challenges contribute to the reconciliation project (Kavka in Hobbesian moral and political theory, 1986) that tries to establish that morality is compatible with rational prudence. I present a new Invisible Foole challenge against the prudential rationality of justice. Like the Lydian Shepherd, the Invisible Foole can violate justice offensively (Kavka, Hobbesian moral and political theory, 1986; Law and Philosophy, 14:5–34, 1995) without harming his reputation for justice. And like the Foole, the Invisible Foole dismisses the possibility that being just preserves goods intrinsic to justice, and will be just only if he fears that others will punish his injustice by withholding the external goods like labor and material goods that he would otherwise receive for their performance in covenants. I argue that given a plausible folk-theorem interpretation, Hobbes’ response to the Foole’s challenge is inconclusive, and depends crucially upon common knowledge assumptions that may or may not obtain in actual societies. I present two analogous folk-theorem arguments in response to the Invisible Foole’s challenge, one using the idea that the Invisible Foole’s power of concealment might be transitory, and the other using the idea that members of society might stop performing in covenants with anyone, thus punishing the Invisible Foole indirectly, if the Invisible Foole commits sufficiently many injustices.     

TO INTERPRET,OR TO BE OMNISCIENT

Abstract

Susan Moller Okin has criticized Michael Sandel's view that the family is an example of an institution that is sometimes ‘above’ or ‘beyond’ justice, and for which justice is not, under the best conditions, a virtue. She argues that he both misses the point of justice as a virtue of social institutions and that he idealizes the family, and after undertaking this ‘ground-clearing’, goes on to argue that families should be just. This paper offers a qualified defense of Sandel. I argue, first, that Sandel has not missed the point of justice as a virtue of social institutions. But I go on to argue, more centrally, that if we distinguish between what I call ‘internal’ and ‘social’ justice of the family, and look carefully at the conclusions of Okin's own arguments, we see that she has really argued for the social justice of the family, and that this can be maintained alongside Sandel's vision of the family as an institution within which considerations of justice are neither central, nor necessarily appropriate. I try to carve out space both for Sandel's vision of the family, and for Okin's substantive feminist conclusions about family-based gender injustice.