Volume 43, Issue 2, April 2017
Advantage, Restraint, and the Circumstances of Justice
I focus on the mutual advantage conception of justice and on a related Humean argument according to which “the circumstances of justice” obtain only when there is a conflict of ends, a suitable level of scarcity, and rough equality of power. I add to the challenges facing the argument by using a Millian illustration whose significance has not been appreciated in prior discussions of the circumstances of justice to show that, contrary to a key premise of the Humean argument, restraining ground rules concerning entitlement can be mutually advantageous even if there is no conflict of ends or rough equality of power. It follows from my reasoning that, if justice has a place and point when restraining ground rules concerning entitlement would be mutually advantageous, the circumstances of justice can obtain without a conflict of ends or rough equality of power.