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Social Theory and Practice
ONLINE FIRST ARTICLES
Articles forthcoming in in this journal are available Online First prior to publication. More details about Online First and how to use and cite these articles can be found HERE.
April 15, 2022
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Caleb Althorpe
What Is Meaningful Work?
first published on April 15, 2022
This paper argues that two orthodox views of meaningful work—the subjective view and the autonomy view—are deficient. In their place is proposed the contributive view of meaningful work, which is constituted by work that is both complex and involves persons in its contributive aspect. These conditions are necessary due to the way work is inherently tied up with the idea of social contribution and the interdependencies between persons. This gives such features of the contributive view a distinct basis from those found in existent accounts of meaningful work.
March 8, 2022
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Sergei Sazonov
Private Duty Creation in Theories of Distributive Justice
first published on March 8, 2022
Historical entitlement theories of property rights, which claim that individuals can acquire moral property rights over natural resources by appropriating them, traditionally face a strong objection: it is widely implausible that a single individual can unilaterally impose duties on everyone around him and yet, apparently, this is exactly what such theories allow. In this essay, I argue that the same problem appears in all other theories of distributive justice and if this problem was a reason to reject historical entitlement theories, it would also be a reason to reject all rival theories. Which means that as long, as one is committed to any theory of distributive justice at all, she, at the risk of inconsistency, cannot rely on the aforementioned objection to criticize historical entitlement theories.
March 5, 2022
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Shin Osawa
Social Promotion of Meaningful Work as a Project of Democratising Society A Liberal Perfectionist View
first published on March 5, 2022
In this article, I argue that the state should promote meaningful work, defending a liberal perfectionist politics for this purpose. To construct my argument, I critically engage with Andrea Veltman’s view that the state should not promote meaningful work because it infringes on autonomy in people’s choice of work. I argue that authentically meaningful work achieved in the context of this autonomy requires flourishing liberal democracy, but such democracy calls for the state’s promotion of meaningful work. Carole Pateman’s insight that workplace democracy nurtures people’s political agency informs my argument. I also address objections concerning state neutrality and empirical validity.
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Samuel Director
Sober Thoughts on Drunken Consent Intoxication and Consent to Sexual Relations
first published on March 5, 2022
Drunken sex is common. Despite how common drunken sex is, we think very uncritically about it. In this paper, I want to examine whether drunk individuals can consent to sex. Specifically, I answer this question: suppose that an individual, D, who is drunk but can still engage in reasoning and communication, agrees to have sex with a sober individual, S; is D’s consent to sex with S morally valid? I will argue that, within a certain range of intoxication, an individual who is drunk can give valid consent to have sex with an individual who is sober.
March 4, 2022
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Jake Monaghan
Broken Windows, Naloxone, and Experiments in Policing
first published on March 4, 2022
The practice of equipping police officers with naloxone has generated controversy within the profession. I adjudicate the disagreement in this article. I diagnose the dispute as rooted in a philosophical account of professional, role-based obligations. Parties to the debate appear to agree that what the police are permitted to do is determined in part by the (disputed) essential goal of the police profession. Instead, I argue that we should make room for “experiments in working.” Finally, I argue that naloxone use by police is an experiment in working that falls squarely within the tradition of order maintenance policing.
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Bruce Baum
On the Political Sociology of Intersectional Equality and Difference Insights from Axel Honneth’s Recognition Theory
first published on March 4, 2022
This article contends that Axel Honneth’s critical social theory provides a compelling general framework with which to map out the political sociology of social equality in a way that takes due account of class-based inequalities, social identity differences, and ecological challenges of contemporary globalized societies. Honneth joins an emphasis on equal respect for all—a core aspect of equality in modern democratic societies—with an account of social esteem recognition—which establishes evaluative distinctions among people—in a way that illuminates the interplay of equality and difference. This is so, I argue, even though Honneth himself has focused on struggles for recognition and social freedom rather than equality, and despite some notable limitations of his political sociology.
March 3, 2022
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Tom Parr
Automation, Unemployment, and Taxation
first published on March 3, 2022
Automation can bring the risk of technological unemployment, as employees are replaced by machines that can carry out the same or similar work at a fraction of the cost. Some believe that the appropriate response is to tax automation. In this paper, I explore the justifiability of view, maintaining that we can embrace automation so long as we compensate those employees whose livelihoods are destroyed by this process by creating new opportunities for employment. My contribution in this paper is important not only because I develop a theoretical framework that we can use to resolve this urgent policy dispute—a dispute that has been discussed extensively by labour economists, tax lawyers, and policymakers, but largely neglected by political philosophers—but also because my analysis sheds lights on a wider range of controversies relating to the moral and political importance of unemployment.
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Lars J. K. Moen
Making Sense of Full Compliance
first published on March 3, 2022
The full compliance assumption has been the focus of much recent criticism of ideal theory. Making this assumption, critics argue, is to ignore the important issue of how to actually make individuals compliant. In this article, I show why this criticism is misguided by identifying the key role full compliance plays in modelling fairness. But I then redirect the criticism by showing how it becomes appropriate when Rawls and other ideal theorists expect their model of fairness to guide real-world political practice. Attempts to establish institutions conforming to this ideal could have undesirable consequences and might even undermine fairness itself.
March 2, 2022
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Daniel Koltonski
But I’ve Got My Own Life to Live Personal Pursuits and the Demands of Morality
first published on March 2, 2022
The dominant response to Peter Singer’s defense of an extremely demanding duty of aid argues that an affluent person’s duty of aid is limited by her moral entitlement to live her own life. This paper argues that this entitlement provides a basis not for limiting an affluent person’s duty of aid but rather for the claim that she too is wronged by a world marked by widespread desperate need; and the wrong she suffers is a distinctive one: the activation of a duty of aid so demanding that it dominates her life, crowding out her own valuable projects and involvements.
February 23, 2022
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Stephen John, Joseph Wu
“First, Do No Harm”? Non-Maleficence, Population Health, and the Ethics of Risk
first published on February 23, 2022
Screening for asymptomatic disease is a routine aspect of contemporary public health practice. However, it is also controversial, because it leads to overdiagnosis and overtreatment, with many arguing that programmes are “ineffective,” i.e., the “costs” outweigh the “benefits.” This paper explores a more fundamental objection to screening programmes: that, even if they are effective, they are ethically impermissible because they breach the principle of non-maleficence. In so doing, it suggests a new approach to the ethics of risk, justifying a concern with how policies affect individuals’ absolute ex-ante prospects. Part 1 sets up the tension between screening and non-maleficence. Part 2 introduces and motivates a novel interpretation of the non-maleficence principle, “ex-ante Do No Harm,” which resolves this tension. Part 3 defends and clarifies this principle by discussing its relationship to the ex-ante Pareto principle. Part 4 discusses the worry that risk estimates are too “subjective.”
February 3, 2022
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Corrado Fumagalli
Can Rawlsian Containment of Hateful Viewpoints Be Effective?
first published on February 3, 2022
While most of the literature has attempted to justify harsh and soft containment given some fundamental commitments of political liberalism, I focus on how justified forms of containment can in themselves be deemed effective. This article shows that a reading of Rawls allows for a comparison of different containment practices based on their capacity to protect the stability of liberal democracies under serious threat. And, in making it possible to compare harsh and soft containment, I evaluate immediate stability gains against citizens’ judgements about their liberal democratic institutions.
December 22, 2021
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Manon Westphal
For an Agonistic Element in Realist Legitimacy
first published on December 22, 2021
The article shows that an uncritical view of domination is a weakness of current accounts of realist legitimacy and it argues that an agonistic supplement can help overcome that weakness. Two accounts of realist legitimacy are discussed: the moral minimum account and the acceptance account. In each case, certain modifications of the argument are needed to establish a distance from moralism, but these modifications create an indifference to domination. The incorporation of an agonistic principle into realist legitimacy can solve this problem. The agonistic case for effective possibilities for contestation endows realist legitimacy with a critical stance towards arrangements that are unresponsive to criticism on the part of those who are subject to them without, however, introducing a moralist argument.
December 21, 2021
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Samuel Bagg
Realism against Legitimacy For a Radical, Action-Oriented Political Realism
first published on December 21, 2021
This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of (perfect) justice with a structurally similar orientation towards a state of (sufficient) legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly address judgments, by comparing the concrete possibilities for action faced by real political actors.
December 20, 2021
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Peter J. Verovšek
A Realistic European Story of Peoplehood The Future of the European Union beyond Williams's Basic Legitimation Demand
first published on December 20, 2021
The divisions emanating from the Eurozone crisis have led political realists to argue that European identity should be conceived of via “basic legitimation demand” (Williams) that prioritizes the creation of order in backward-looking, non-utopian terms. In contrast, I suggest that Europe would do better by building an ethically-constitutive “story of peoplehood” (Smith) that looks both backward and forward. I argue that the EU should build on the ideals drawn from the continent’s shared past as well as its desire to retake control from the global economic forces that threaten democratic political sovereignty in the twenty-first century.
December 19, 2021
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Ilaria Cozzaglio
Legitimacy between Acceptance and Acceptability A Subjects-First View
first published on December 19, 2021
Political realists argue that the concept of political legitimacy should be linked to subjects’ beliefs, while still offering normative guidance. In this article, I suggest doing so by referring to the concepts of acceptance and acceptability. I argue that a regime is legitimate if its power is accepted by subjects, provided that such acceptance meets the requirements of acceptability: subjects’ beliefs about the regime’s legitimacy need to successfully satisfy three requirements—coherence, fact-sensitivity, and politics-sensitivity—via entering public debate. I rely on pragmatism to investigate the link between subjects’ beliefs and their experience of facing political authority.
December 18, 2021
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Thomas Fossen
Political Legitimacy as a Problem of Judgment What Distinguishes Moralist, Realist, and Pragmatist Approaches?
first published on December 18, 2021
This paper examines the differences between moralist, realist, and pragmatist approaches to political legitimacy by articulating their largely implicit views of judgment. Three claims are advanced. First, the salient opposition among approaches to legitimacy is not between “moralism” and “realism.” Recent realist proposals for rethinking legitimacy share with moralist views a distinctive form, called “normativism”: a quest for knowledge of principles that solve the question of legitimacy. This assumes that judging legitimacy is a matter of applying such principles to a case at hand. Second, neither Rawls nor Habermas is a normativist about political legitimacy. The principles of legitimacy they proffer claim to express rather than adjudicate the legitimacy of a liberal-democratic regime, and thus cannot solve the question of legitimacy at a fundamental level. But perhaps we should question the normativist aspiration to theoretically resolving the problem to begin with. My third claim is that a “pragmatist” approach enables us to rethink political legitimacy more deeply by shifting focus from the articulation of principles to the activity of judging. Implicit in Rawls’s and Habermas’s theories I then find clues towards an alternative account of judgment, in which the question of legitimacy calls not for theoretical resolution but for ongoing practical engagement.
December 14, 2021
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Ugur Aytac
Political Realism and Epistemic Constraints
first published on December 14, 2021
This article argues that Bernard Williams’ Critical Theory Principle (CTP) is in tension with his realist commitments, i.e., deriving political norms from practices that are inherent to political life. The Williamsian theory of legitimate state power is based on the central importance of the distinction between political rule and domination. Further, Williams supplements the normative force of his theory with the CTP, i.e., the principle that acceptance of a justification regarding power relations ought not to be created by the very same coercive power. I contend that the CTP is an epistemic criterion of reflective (un)acceptability which is not strictly connected to the question of whether people are dominated or not. I show that there are cases of non-domination that fail the epistemic requirements of the CTP.
December 4, 2021
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Janosch Prinz, Enzo Rossi
Financial Power and Democratic Legitimacy How to Think Realistically about Public Debt
first published on December 4, 2021
To what extent are questions of sovereign debt a matter for political rather than scientific or moral adjudication? We answer that question by defending three claims. We argue that (i) moral and technocratic takes on sovereign debt tend to be ideological in a pejorative sense of the term, and that therefore (ii) sovereign debt should be politicised all the way down. We then show that this sort of politicisation need not boil down to the crude Realpolitik of debtor-creditor power relations—a conclusion that would leave no room for normative theory, among other problems. Rather, we argue that (iii) in a democratic context, a realist approach to politics centred on what Bernard Williams calls ‘The Basic Legitimation Demand’ affords a deliberative approach to the normative evaluation of public debt policy options.
October 27, 2021
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Anne-Cathrine Wackerhausen
Dehumanization Clarified What Are We Talking About, When We Talk About Dehumanization?
first published on October 27, 2021
In this article, three new concepts of dehumanization are proposed in order to distinguish clearly between three different kinds of phenomena that are frequently conflated and misrepresented in current research: subjective dehumanization, detrimental conditions, and objective dehumanization. The article offers (i) a more fine-grained understanding of these three kinds of dehumanization phenomena, which in turn (ii) illuminates new strategies for conflict prevention. This is achieved through a process of conceptual engineering, where the boundaries of our concepts are redrawn, so they are better suited for the dealing with the phenomena in question.
September 25, 2021
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Rosa Terlazzo
Weddings and Counter-Stereotypic Couples
first published on September 25, 2021
In this article, I argue that opposite-sex couples planning weddings have a duty to make their choices in ways that undermine the harmful norms that lead to most women taking their husband’s last names when they marry, and most weddings being extremely expensive. This duty, however, is not a duty to significantly reduce the prevalence of those norms, since doing so is generally not in the power of individual couples. Rather, it is a duty to provide observing couples around them with new live options for their own weddings.
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Alida Liberman
For Better or for Worse When Are Uncertain Wedding Vows Permissible?
first published on September 25, 2021
I answer two questions: (1) what are people doing when they exchange conventional wedding vows? and (2) under what circumstances are these things morally and rationally permissible to do? I propose that wedding pledges are public proclamations that are simultaneously both private vows and interpersonal promises, and that they are often subject to uncertainty. I argue that the permissibility of uncertain wedding promises depends on whether the uncertainty stems from doubts about one’s own internal weakness of will and susceptibility to temptation or from the expectation that external circumstances might change. I then explain why uncertainty is a prima facie challenge for unconditional wedding vows, and I offer a solution: rational wedding vows are unconditional in their content but implicitly conditional in their structure; the spouse pledges to act in certain ways unconditionally, so long as they remain in the spousal role. I respond to objections to my view (including Elizabeth Brake’s claim that the permissibility of unilateral divorce undermines an understanding of wedding vows as promises), and conclude with some suggestions about what marrying couples should do to ensure permissible pledges.
September 24, 2021
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Brian Rosebury
Informed Altruism and Utilitarianism
first published on September 24, 2021
Utilitarianism is a consequentialist theory that assigns value impartially to the well-being of each person. Informed Altruism, introduced in this article, is an intentionalist theory that relegates both consequentialism and impartiality to subordinate roles. It identifies morally right or commendable actions (including collective actions such as laws and policies) as those motivated by a sufficiently informed intention to benefit and not harm others. An implication of the theory is that multiple agents may perform incompatible actions and yet each be acting rightly in a moral sense.
September 23, 2021
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Kevin Todd Mintz
Paying Attention to the Mouse Behind the Curtain Dilemmas of Disability Justice in a Lawsuit against Disney
first published on September 23, 2021
Is it possible that justice requires giving people with disabilities like autism sufficient opportunities to pursue a flourishing life by promoting accessibility at theme parks and other places of public accommodation? I explore this question by analyzing the ethical issues at play in a series of disability lawsuits against Disney Parks and Resorts. Drawing on the work of Martha Nussbaum and Chiara Cordelli, I argue that Disney has an obligation of justice to provide these plaintiffs with their requested disability modification. I further articulate how public accommodations other than Disney should accommodate disabled customers, sometimes with government assistance.
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Christopher W. Love
The Epistemic Value of Civil Disagreement
first published on September 23, 2021
In this article, I argue that the practice of civil disagreement has robust epistemic benefits and that these benefits enable meaningful forms of reconciliation—across worldview lines and amid the challenging information environment of our age. I then engage two broad groups of objections: either that civil disagreement opposes, rather than promotes, clarity, or else that it does little to help it. If successful, my account gives us reason to include civil disagreement among what Mill calls “the real morality of public discussion,” a fact that should stir us to take more seriously the decline of civility in contemporary life.
September 21, 2021
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Daniel Halliday
Positional Consumption and the Wedding Industry
first published on September 21, 2021
Recent decades have seen substantial increases in the average amount of money spent on wedding ceremonies in economically developed countries. This article develops an account of wedding expenditure as a form of positional competition where participation involves purchasing services in a market. The main emphasis is on the role that conspicuously expensive weddings can play in enabling certain kinds of signalling, most notably the signalling of commitment to a personal relationship and a distinct signalling of personal wealth. The analysis seeks to demonstrate how wedding expenditure is both similar to but distinct from the positional consumption associated with markets in other goods and services. While much of the work in this article is descriptive, it aims to complement more normatively engaged work on the moral status of marriage, and on the proper evaluation and response to excessive positional consumption.
September 18, 2021
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Lillian Cicerchia
Why Does Class Matter?
first published on September 18, 2021
This article explores an under-examined theme, which is who or what is the working class and what is wrong with the situation that members of this class share. It argues that class divisions impose a unique harm for a diverse and interdependent group within capitalist societies both in spite and because of differences among group members. Class matters not just because it creates economic groups in which some are rich and others are poor, but because competition creates conditions that militate against solidarity, toward cleavage and conflict. Class is a constraint on collective self-determination and, therefore, a source of domination.
September 4, 2021
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Chris Lyon
Can Social Groups Be Units of Normative Concern? Normative Individualism, Futurity, Causality, Social Ontology
first published on September 4, 2021
In social justice theory, it seems both important, but also potentially normatively and metaphysically suspect, to treat social groups as units of normative concern. This is also the source of much current controversy surrounding social justice politics. I argue that normative individualism is a (correct) metaethical clarification, but not necessarily a binding guide for all other (non-metaethical) normative theory or practice in the way we might assume. Supra-individual social entities can, in fact, be the irreducible subjects of concern in valid normative evaluations or prescriptions, owing to future-relevant causal properties. However, this idea is complex and requires careful elucidation. I address likely objections pertaining to group definitions, social ontology, conceptions of causation, counterfactuals, and the non-identity problem.
June 22, 2021
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Jonathan Chaplin
An Institutionalist Reframing of the Religion and Public Reason Debate
first published on June 22, 2021
Responding to the preceding four articles, this piece presents a theologically-informed ‘institutionalist’ perspective on the debate within political liberalism over religion and public reason. Institutionalism calls for greater attention to the normative purpose and structural design of political institutions in order better to frame what political deliberation in a liberal democracy should look like. Eschewing any ‘idealization’ of citizens, and favouring an ‘argumentative’ account of democratic deliberation, it explores what public reasoning should consist in when viewed as an empirical practice occurring within actual political institutions. Five features of my account of institutionalism are outlined, followed by three implications of that account for the religion and public reason debate.
June 19, 2021
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Cécile Laborde
On the Parity between Secular and Religious Reasons
first published on June 19, 2021
The contributors to this Special Issue all suggest that Christianity is compatible with political liberalism. In this paper, I first illuminate the grounds of this compatibility. I then focus on one distinctive—yet unexplored—premise of the compatibility argument. This is the thought that religious and secular reasons are essentially on a par, in terms of their contribution to public reasoning. I critically examine Christopher Eberle’s claim that, as their epistemological status is equivalent, both secular and religious reasons may play a decisive role in justifying coercion-related state policies, including in contexts of war.
June 18, 2021
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Kevin Vallier
Christian Reconciliation through the Public Use of Reason
first published on June 18, 2021
Christian political theologians have usually taken one of two approaches to the purpose of political order: agonist or perfectionist. Either political order should seek a civic peace between opposing forces or advance the full human good. Both approaches face difficulties, so I propose a middle-way: Christian reconciliationism. This political theology holds that political order should seek reconciliation between diverse moral perspectives. With perfectionism, reconciliationism aims to establish the political order as a moral order, but with agonism, reconciliationism rejects attempts to use the political order to promote the full human good. It thereby avoids the vices of both approaches.
June 17, 2021
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Joshua Hordern
The Challenge of Healthcare for Consensus Public Reason
first published on June 17, 2021
This article argues that religious and other "non-public" reasoning can have a legitimate and beneficial role in justifying health-related resource allocation decisions affecting individuals, subpopulations and whole communities. Section I critically examines Norman Daniels’s exclusion of such reasoning from such justifications. Section II shows the inadequacy of Daniels’s approach to healthcare as a matter of basic justice, arguing that consensus public reason is indeterminate in certain areas of healthcare policy, including the use of life-sustaining resources and issues related to risk and responsibility. Section III shows how resource allocation decision-making can appropriately incorporate religious and "non-public" reasoning via the medical professional practice of collaborative deliberation.
June 12, 2021
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Paul Billingham
Can Christians Join the Overlapping Consensus? Prospects and Pitfalls for a Christian Justification of Political Liberalism
first published on June 12, 2021
The success of political liberalism depends on there being an overlapping consensus among reasonable citizens—including religious citizens—upon principles of political morality. This paper explores the resources within one major religion—Christianity—that might lead individuals to endorse (or reject) political liberalism, and thus to join (or not join) the overlapping consensus. I show that there are several strands within Christian political ethics that are consonant with political liberalism and might form the basis for Christian citizens’ membership of the overlapping consensus. Nonetheless, tensions remain, and it is not clear that Christians could wholeheartedly endorse the political conception or give unreserved commitment to political liberal ideals.
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Christopher J. Eberle
Irreconcilable Disagreement Supreme Emergency, Respect, and Restraint
first published on June 12, 2021
John Rawls’s articulation of what makes for justice in war includes one of his most interesting, yet least discussed, assessments of religion and state coercion. Rawls claims that “the duties of the statesman in political liberalism” are incompatible with adherence to “the Catholic doctrine of double effect” when that doctrine precludes the deliberate targeting of innocent and harmless human beings in a “supreme emergency.” I explicate Rawls’s argument in favor of that claim, articulate various theological objections, and assess some proposed restrictions on the justificatory role of religious reasons in the light of that disagreement.
April 23, 2021
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Jeppe von Platz
The Injustice of Alienation
first published on April 23, 2021
I articulate and defend a Rousseauvian theory of alienation and argue that thus construed non-alienation is a requirement of justice. On the Rousseauvian account, alienation is a process whereby social and economic conditions produce a particular sort of moral-psychological failure (alienated persons). Alienation is undesirable in itself, but it also makes the alienated person miserable, wicked, and unfree. Since our social and economic conditions are chosen, we should choose those that do not have these undesirable consequences.
April 22, 2021
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Élise Rouméas
The Procedural Value of Compromise
first published on April 22, 2021
Compromise is a valuable decision-making procedure. This article argues that its value lies in the norms of reciprocity and consent. Reciprocity structures the practice of concession-giving. Compliance with this tacit rule expresses an ethos of mutual concern and achieves a shared sense of fairness. Consent is a useful safeguard against asymmetric deals and makes compromise morally binding. The procedural value of compromise gives us important reasons to choose this method for resolving conflicts.
April 21, 2021
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Aaron J. Yarmel
On Choosing Where to Stand Selecting a Social Movement Approach
first published on April 21, 2021
When selecting approaches to pursuing social change, activists commonly evaluate the merits of individual approaches without considering the distributions of approaches already in their movements. This is a problem. I argue, from both general considerations about the division of cognitive labor and empirical evidence from sociology, that some distributions of approaches are better for movements than others and that activists can and should change these distributions for the better rather than for the worse.
April 20, 2021
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Aylon R. Manor
Experiments in Living Moral versus Epistemic Polycentricity
first published on April 20, 2021
A number of liberal and libertarian philosophers make the moral case for laissez-faire polycentricity—a political order centered around voluntary association. Some of these philosophers further present epistemic arguments in favor of polycentric forms of organization. Initially, one might think that the epistemic arguments reinforce the moral ones, resulting in a philosophically robust case for laissez-faire polycentricity. This paper argues against this conclusion. Through examining the intersection between epistemic considerations and institutional arrangements, I show that the epistemic arguments point away from laissez-faire polycentricity and toward alternative forms of polycentric order.
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Matthew Lindauer
Entry by Birth Alone? Rawlsian Egalitarianism and the Basic Right to Invite
first published on April 20, 2021
This article argues that citizens have a basic right to invite family members and spouses into their society on the basis of Rawlsian egalitarian premises. This right is argued to be just as basic as other recognized basic rights, such as freedom of speech. The argument suggests further that we must treat immigration and family reunification, in particular, as central issues of domestic justice. The article also examines the implications of these points for the importance of immigration in liberal domestic justice and suggests avenues for further research on the interplay of considerations of justice towards citizens and non-citizens.
April 17, 2021
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Preston Greene
The Real-Life Issue of Prepunishment
first published on April 17, 2021
When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”—are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if prepunishment is not imaginary, then the philosophers who reject it cannot claim that their view is supported by common sense.
April 16, 2021
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Jonathan Kwan
Self-Determination as the Ground and Constraint for the Right to Exclude An Answer to the Boundary Problem
first published on April 16, 2021
In this article, I show how the principle of democratic self-determination can answer the boundary problem by both grounding and constraining a people’s right to exclude potential immigrants. I argue that a people has the qualified right to exclude insofar as it respects the self-determination claims of outsiders. I analyze the concrete implications of the requirement to respect the self-determination claims of outsiders in the cases of (a) long-term residents, (b) refugees, and (c) brain drain. Sometimes the only way for a people to respect the self-determination claims of outsiders will be by including, rather than excluding, them as members.
April 14, 2021
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Rutger Claassen, Lisa Herzog
Making Power Explicit Why Liberal Egalitarians Should Take (Economic) Power Seriously
first published on April 14, 2021
In this paper we argue that liberal-egalitarian theorists of justice should take power, especially economic power, seriously and make it explicit. We argue that many theories of justice have left power implicit, relying on what we call the “primacy of politics” model as a background assumption. However, this model does not suffice to capture the power relations of today’s globalized world, in which the power of nation states has been reduced and material inequality has sky-rocketed. We suggest replacing it by a “political economy” model that emphasizes the possibility of self-reinforcing cycles. Doing so has direct implications for how to theorize justice, not only on the non-ideal, but also on the ideal level.
April 13, 2021
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Elias L. Khalil, Alain Marciano
Other-Regarding Preferences The Poverty of the Self/Other Dichotomy
first published on April 13, 2021
The category “other-regarding preferences” is a catch-all phrase based on a self/other dichotomy. While the self/other might be useful when the motive is self-interest or altruism, it fails when the motive involves bonding. This article identifies three motives that involve bonding: i) the preferences regarding friendship and community; ii) the preferences that amalgamate communal bonding with self-interest; and iii) the preferences for distinction and status. These three types of preferences unify the self and other—usually aided by ceremonies of gift exchange and celebratory prizes. This article offers a more complete taxonomy of preferences and, corollary, structures of exchange.
April 10, 2021
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Zsolt Kapelner
Structural Injustice and the Duties of the Privileged
first published on April 10, 2021
Structural injustice is injustice produced by largescale social structures and processes that create systemic disadvantages for large groups of people. Individuals have duties to counteract structural injustice. These duties are more demanding for people privileged by unjust social structures than for non-privileged individuals, even when the latter have equal ability to contribute. What explains this? I review and reject two common explanations, i.e., the Reparation Account and the Restitution Account. I offer a third view, the Domination Account; it holds that the privileged have more demanding duties because they pose a constant threat of domination to non-privileged individuals by virtue of their structural positions.
February 16, 2021
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Matteo Bonotti, Andrea Borghini, Nicola Piras, Beatrice Serini
Learning from COVID-19 Public Justification and the Ontology of Everyday Life
first published on February 16, 2021
Liberal democracies across the world have responded to the COVID-19 pandemic by implementing measures that significantly curtail the rights and liberties of individual citizens. These measures must receive public justification in order to be politically legitimate. By combining analytical political philosophy with ontology in an original way, in this article we argue that liberal democratic governments have so far failed to adequately justify these measures, since they have not systematically targeted the scholarly study of COVID-19 in everyday environments, consequently implementing rules that are epistemically unsound and not publicly justified, at least not fully.
February 9, 2021
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Joseph A. Stramondo
Bioethics, Adaptive Preferences, and Judging the Quality of a Life with Disability
first published on February 9, 2021
Both mainstream and disability bioethics sometimes contend that the self-assessment of disabled people about their own well-being is distorted by adaptive preferences that are only held because other, better options are unavailable. I will argue that both of the most common ways of understanding adaptive preferences—the autonomy-based account and the well-being account—would reject blanket claims that disabled people’s QOL self-assessment has been distorted, whether those claims come from mainstream bioethicists or from disability bioethicists. However, rejecting these generalizations for a more nuanced view still has dramatic implications for the status quo in both health policy and clinical ethics.
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Adam Lovett
Must Egalitarians Condemn Representative Democracy?
first published on February 9, 2021
Many contemporary democratic theorists are democratic egalitarians. They think that the distinctive value of democracy lies in equality. Yet this position faces a serious problem. All contemporary democracies are representative democracies. Such democracies are highly unequal: representatives have much more power than do ordinary citizens. So, it seems that democratic egalitarians must condemn representative democracies. In this paper, I present a solution to this problem. My solution invokes popular control. If representatives are under popular control, then their extra power is not objectionable. Unfortunately, so I argue, in the United States representatives are under loose popular control.
February 4, 2021
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Danielle Limbaugh
Still Thin but Thicker than Thin A Solution for Adjudicating Disputes in Polycentrism
first published on February 4, 2021
Political institutions in a diverse social landscape struggle with what I call the ‘initial problem’ of securing universal agreement across a domain. This has led to interest in polycentric models, which devolve a polity’s governmental authority into smaller jurisdictions, eliminating the need for agreement across the polity. The three most developed polycentric models in political philosophy mistakenly assume that there will not be disagreement between jurisdictions. When such disagreement does occur—a natural byproduct of diversity—the initial problem returns when adjudicating the dispute. I propose a solution to adjudicating disputes that avoids the continual return to the initial problem.
January 31, 2021
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Sigurd Lindstad
Beneficiary Pays and Respect for Autonomy
first published on January 31, 2021
This paper proposes that the “beneficiary pays principle” may be grounded in a brand of respect for autonomy. I first argue that on one understanding, such respect implies that as far as we are not morally required to make some sacrifice in service of some purpose, we each have (pro-tanto) legitimate authority to ourselves decide the purposes for which we should make sacrifices. I then argue that the problem with retaining benefits realized by imposed sacrifices, which the victim was not required to make in order to realize the benefits in question, is that doing so is disrespectful of the victim’s autonomy.
January 28, 2021
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Sam Kiss
Political Realism and Political Reasons
first published on January 28, 2021
Some people, we may call them realists, endorse the priority thesis. This thesis says political reasons (distinct from moral, prudential, aesthetic, economic, and other kinds of reason) have normative priority whenever we assess political situations. Any putative political reasons, I argue, must satisfy an autonomy condition and an identity condition. I argue that no realist account of political reasons shows such reasons are distinct and autonomous as of yet. One account, the practice-based account, may have the wherewithal to show political reasons are distinct. I also say some things about the relations between identity, autonomy, and priority.
January 20, 2021
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Michael Da Silva
The Traces Left Behind On Appropriate Responses to Right Acts with Wrong Features
first published on January 20, 2021
Fulfilling one’s all-things-considered duty sometimes requires violating pro tanto duties. According to W. D. Ross and Robert Nozick, the pro tanto-duty-violating, wrong-making features of acts in these cases can leave ‘traces’ of wrongfulness that require specific responses: feeling compunction for the wrongfulness and/or providing compensation to the negatively affected person. Failure to respond in the appropriate way to lingering wrong-making features can itself be wrongful. Unfortunately, criteria for determining when traces remain are largely lacking. In this piece, I argue for three necessary conditions for the existence of a trace: ‘The Non-Consequentialist Duty Condition,’ ‘The Identity Condition,’ and ‘The Ratio Condition.’
January 16, 2021
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Erin Beeghly
What’s Wrong with Stereotypes? The Falsity Hypothesis
first published on January 16, 2021
Stereotypes are commonly alleged to be false or inaccurate views of groups. For shorthand, I call this the falsity hypothesis. The falsity hypothesis is widespread and is often one of the first reasons people cite when they explain why we shouldn’t use stereotypic views in cognition, reasoning, or speech. In this essay, I argue against the falsity hypothesis on both empirical and ameliorative grounds. In its place, I sketch a more promising view of stereotypes—which avoids the falsity hypothesis—that joins my earlier work on stereotypes in individual psychology (2015) with the work of Patricia Hill Collins on cultural stereotypes (2000). According to this two-part hybrid theory, stereotypes are controlling images or ideas that enjoy both a psychological and cultural existence, which serve a regulative social function.
December 8, 2020
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Josh Milburn, Sara Van Goozen
Counting Animals in War First Steps towards an Inclusive Just-War Theory
first published on December 8, 2020
War is harmful to animals, but few have considered how such harm should affect assessments of the justice of military actions. In this article, we propose a way in which concern for animals can be included within the just-war framework, with a focus on necessity and proportionality. We argue that counting animals in war will not make just-war theory excessively demanding, but it will make just-war theory more humane. By showing how animals can be included in our proportionality and necessity assessments, we provide a crucial first step towards developing an animal-inclusive account of just-war theory.
November 19, 2020
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Guy Aitchison, Saladin Meckled-Garcia
Against Online Public Shaming Ethical Problems with Mass Social Media
first published on November 19, 2020
Online Public Shaming (OPS) is a form of norm enforcement that involves collectively imposing reputational costs on a person for having a certain kind of moral character. OPS actions aim to disqualify her from public discussion and certain normal human relations. We argue that this constitutes an informal collective punishment that it is presumptively wrong to impose (or seek to impose) on others. OPS functions as a form of ostracism that fails to show equal basic respect to its targets. Additionally, in seeking to mobilise unconstrained collective power with potentially serious punitive consequences, OPS is incompatible with due process values.
November 7, 2020
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Jonas Hultin Rosenberg
The All-Affected Principle Reconsidered
first published on November 7, 2020
The all-affected principle, by which all those affected by the policies of the state ought to be included in the demos governing it, is often considered prima facie attractive but, upon closer examination, implausible. The main alternative, according to which all those and only those affected by possible consequences of possible decisions ought to be included in the demos, is equally implausible. I suggest a reformulated principle: the demos includes all those affected by foreseeable consequences of decisions that the state has legal authority and capacity to take. This avoids the problems of the standard version and the main alternative.
November 5, 2020
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Mark Silcox
Stone Soup Distributional Goods and Principles of Justice
first published on November 5, 2020
Certain sorts of disputes about principles of distributive justice that have occupied a great deal of attention in recent political philosophy turn out to be fundamentally unresolvable, when they are conducted in ignorance of whether an important subclass of basic social goods exists within any particular society. I employ the folktale ‘Stone Soup’ to illustrate how such distributional goods might come into existence. Using the debate about John Rawls’s Difference Principle as an example, I argue that a proper appreciation for the axiological status of these goods shows that disputes about principles (at least as these have been conducted within the Rawlsian tradition) should be relegated to a subsidiary status relative to other, more fundamental concerns about the ethics of economic distribution.
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Monica Mookherjee
Axel Honneth’s Cosmopolitanism The "Forgetfulness" of Global Poverty as a form of Reification
first published on November 5, 2020
Amid now extensive debates about cosmopolitanism in political theory, this article explores the implications of Axel Honneth’s recognition theory for issues in international justice, not least the dire situation of poverty in the world. In contrast with a purely resource-distributive approach, the essay turns particularly to Honneth’s recent revival of the Lukácsian concept of reification as a process of self-distancing from the elementary humanity of others. Specifically, Honneth re-formulates reification as a failure of an elementary or ‘antecedent’ form of recognition. From the perspective of his theory, reification connotes the forgetfulness of others’ fundamental humanity. While Honneth takes such forgetfulness to become most readily apparent in dramatic violations such as the Holocaust, the article interprets his theory to explain, and eventually to challenge, the passive acceptance by many of dire material injustices. The article develops the implications of this challenge by interpreting from Honneth’s framework a duty to question international policies which tend to reify and objectify the least well off in the world, whilst remaining cognizant of the limits of de-reification to the more extensive, meaningful alleviation of poverty globally.
November 3, 2020
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Patrick O'Donnell
When Code Words Aren’t Coded
first published on November 3, 2020
According to the “standard framing” of racial appeals in political speech, politicians generally rely on coded language to communicate racial messages. Yet recent years have demonstrated that politicians often express quite explicit forms of racism in mainstream political discourse. The standard framing can explain neither why these appeals work politically nor how they work semantically. This paper moves beyond the standard framing, focusing on the politics and semantics of one type of explicit appeal, candid racial communication (CRC). The linguistic vehicles of CRC are neither true code words, nor slurs, but a conventionally defined class of “racialized terms.”
October 31, 2020
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Natasha McKeever
Prostitution and the Good of Sex A Reply to Sascha Settegast
first published on October 31, 2020
In Sascha Settegast’s recently published article, “Prostitution and the Good of Sex” in Social Theory and Practice, he argues that prostitution is intrinsically harmful. In this article, I object to his argument, making the following three responses to his account: 1) bad sex is not “detrimental to the good life”; 2) bad sex is not necessarily unvirtuous; 3) sex work is work as well as sex, and so must be evaluated as work in addition to as sex.
October 30, 2020
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Matthew D. Kuchem
Young, Gilbert, and Social Groups
first published on October 30, 2020
In this paper I critique the concept of social groups deployed by Iris Marion Young in her well-known theory of the five faces of oppression. I contend that Young’s approach to conceptualizing social groups creates arbitrary and inconsistent categories, essentializes certain groups, and fails to take seriously the complexity of pluralism. I propose that Margaret Gilbert’s work in social metaphysics provides a more philosophically robust account of social groups that serves as a helpful corrective to Young’s approach. Gilbert’s account of “we”-ness, as well as her theory of the nature of individuals and collectivities, provides a helpful vantage point for critiquing Young’s project and its emphasis on the social process of differentiation in the formation of social groups.
October 28, 2020
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David V. Axelsen, Lasse Nielsen
Harsh and Disrespectful Rescuing Moral Agency from Luck and Choice
first published on October 28, 2020
Many policies hinge on determining whether someone’s situation is due to luck or choice. In political philosophy, this prevalence is mirrored by luck egalitarian theories. But overemphasizing the distinction between luck and choice will lead to tensions with the value of moral agency, on which the distinction is grounded. Here, we argue that the two most common contemporary critiques of luck egalitarianism, holding it to be harsh and disrespectful are best understood as illustrating exactly this tension. Elaborating on this conflict, we argue that it should lead us to modify how luck and choice are used in theories of justice.
October 27, 2020
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Thomas S. Carnes
Unauthorized Immigrants
first published on October 27, 2020
This article brings an account of reasonable expectations to bear on the question of when unauthorized immigrants have a right to be regularized—that is, to be formally guaranteed freedom from the threat of deportation. Contrary to the current literature, which implicitly relies on a flawed understanding of reasonable expectations, this article argues that only those unauthorized immigrants who have both been tacitly permitted by the state despite lacking formal authorization and have remained long enough to develop deep social roots in the state have a right to regularization.
July 24, 2020
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Sarah Vitale
Beyond Homo Laborans Marx’s Dialectical Account of Human Essence
first published on July 24, 2020
This article responds to the critique of productivist essentialism, which is the view that the human is the productive animal, made against Marx. The author argues against this view and holds that Marx introduces a dialectical account of human essence with the notion of species being in the 1844 Manuscripts, which he then develops in The German Idology. This account of essence includes a static and dynamic moment, and in capitalism, the dialectic of essence has resulted in the appearance of the human as the productive animal. Finally, the author argues that Marx’s critique of production and dialectical account of human essence allow us to better think the possibilities for a post-work future.
July 20, 2020
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Willem J. A. van der Deijl
A Challenge for Capability Measures of Wellbeing
first published on July 20, 2020
The measurement of wellbeing is among the central aims of the capability approach. I develop one particular challenge to the operationalizability of the approach in the context of wellbeing measurement. I argue that the capability approach is both committed to Individuation of Wellbeing—the view that the wellbeing contribution of different capabilities and functionings is person-dependent—as well as Rejection of Subjectivism—the view that wellbeing should not be conceptualized in terms of subjective judgments of preference-satisfaction or happiness. I argue that there is a tension between these two commitments that cannot be resolved in a viable way.
July 19, 2020
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Alexander Schaefer, Robert Weston Siscoe
Incoherent but Reasonable A Defense of Truth-Abstinence in Political Liberalism
first published on July 19, 2020
A strength of liberal political institutions is their ability to accommodate pluralism, both allowing divergent comprehensive doctrines as well as constructing the common ground necessary for diverse people to live together. A pressing question is how far such pluralism extends. Which comprehensive doctrines are simply beyond the pale and need not be accommodated by a political consensus? Rawls attempted to keep the boundaries of reasonable disagreement quite broad by infamously denying that political liberalism need make reference to the concept of truth, a claim that has been criticized by Joseph Raz, Joshua Cohen, and David Estlund. In this paper, we argue that these criticisms fail due to the fact that political liberalism can remain non-committal on the nature of truth, leaving the concept of truth in the domain of comprehensive doctrines while still avoiding the issues raised by Raz, Cohen, and Estlund. Further substantiating this point is the fact that Rawls would, and should, include parties in the overlapping consensus whose views on truth may be incoherent. Once it is seen that political liberalism allows such incoherence to reasonable parties, it is clear that the inclusion of truth and the requirement of coherence urged by Raz, Cohen, and Estlund requires more of reasonable people than is necessary for a political consensus.
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Alan Rubel, Clinton Castro, Adam Pham
Algorithms, Agency, and Respect for Persons
first published on July 19, 2020
Algorithmic systems and predictive analytics play an increasingly important role in various aspects of modern life. Scholarship on the moral ramifications of such systems is in its early stages, and much of it focuses on bias and harm. This paper argues that in understanding the moral salience of algorithmic systems it is essential to understand the relation between algorithms, autonomy, and agency. We draw on several recent cases in criminal sentencing and K–12 teacher evaluation to outline four key ways in which issues of agency, autonomy, and respect for persons can conflict with algorithmic decision-making. Three of these involve failures to treat individual agents with the respect they deserve. The fourth involves distancing oneself from a morally suspect action by attributing one’s decision to take that action to an algorithm, thereby laundering one’s agency.
June 14, 2020
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Sue Donaldson
Animal Agora Animal Citizens and the Democratic Challenge
first published on June 14, 2020
Many theorists of the ‘political turn’ in animal rights theory emphasize the need for animals’ interests to be considered in political decision-making processes, but deny that this requires self-representation and participation by animals themselves. I argue that participation by domesticated animals in co-authoring our shared world is indeed required, and explore two ways to proceed: 1) by enabling animal voice within the existing geography of human-animal roles and relationships; and 2) by freeing animals into a revitalized public commons (‘animal agora’) where citizens encounter one another in spontaneous, unpredictable encounters in spaces that they can re-shape together.
May 19, 2020
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Derrick Gray
Rethinking Micro-level Exploitation
first published on May 19, 2020
This paper argues that, at least in the context of employment, we should reconsider the applicability of the dominant framework in the contemporary literature on exploitation, which views exploitation as a micro-level moral wrong. I present a novel argument showing that these micro-level theories share commitments inconsistent with taking exploitation seriously as a moral wrong. Given the difficulties these theories face, I argue that we should pursue a structural theory of exploitation, and I give a brief sketch of what such a theory might look like.
May 12, 2020
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John Danaher
A Defence of Sexual Inclusion
first published on May 12, 2020
This article argues that access to meaningful sexual experience should be included within the set of the goods that are subject to principles of distributive justice. It argues that some people are currently unjustly excluded from meaningful sexual experience and it is not implausible to suggest that they might thereby have certain claim rights to sexual inclusion. This does not entail that anyone has a right to sex with another person, but it does entail that duties may be imposed on society to foster greater sexual inclusion. This is a controversial thesis and this article addresses this controversy by engaging with four major objections to it: the misogyny objection; the impossibility objection; the stigmatisation objection; and the unjust social engineering objection.
May 5, 2020
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William A. Edmundson
What Is the Argument for the Fair Value of Political Liberty?
first published on May 5, 2020
The equal political liberties are among the basic first-principle liberties in John Rawls’s theory of Justice as fairness. Rawls insists, further, that the “fair value” of the political liberties must be guaranteed. Disavowing an interest in fair value is what disqualifies welfare-state capitalism as a possible realizer of Justice as fairness. Yet Rawls never gives a perspicuous statement of the reasoning in the original position for the fair-value guarantee. This article gathers up two distinct strands of Rawls’s argument, and presents it in a straightforward sequence. Justice as fairness is contrasted to a competitor political conception of justice that is just like it but without the fair-value guarantee. A schema of the two-strand argument is presented in the Appendix.
April 19, 2020
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Jeffrey Carroll
In Defense of Strict Compliance as a Modeling Assumption
first published on April 19, 2020
Rawlsian ideal theory has as its foundational assumption strict compliance with the principles of justice. Whereas Rawls employed strict compliance for his particular positive purpose, I defend the more general methodological point that strict compliance can be a permissible modeling assumption. Strict compliance can be assumed in a model that determines the most just set of principles, but such a model, while informative, is not straightforwardly action-guiding. I construct such a model and defend it against influential contemporary criticisms of models that assume strict compliance.
April 10, 2020
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Rosa Terlazzo
(When) Do Victims Have Duties to Resist Oppression?
first published on April 10, 2020
In this article, I first propose four guidelines that follow from understanding the project of assigning victims duties to resist oppression as an ameliorative project. That is, if we understand the project to be motivated by the urgent aim of ending or mitigating the harm that oppression imposes on the oppressed, I argue that we should focus on developing and assigning duties that satisfy what I call the ability, weighting, fairness, and overdemandingness guidelines. Second, I develop the duty to be a non-normative individual, which satisfies all four guidelines.
April 9, 2020
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Chad Van Schoelandt
Functionalist Justice and Coordination
first published on April 9, 2020
This article lays out the “functionalist” view according to which justice is a social technology for adjudicating competing claims, then defends the claim that any functional principles of justice must effectively coordinate the expectations of diverse members of society. From there, it argues that within the functionalist framework there cannot be any adequate conception of justice for society’s basic institutional structure or constitution under conditions of reasonable pluralism. It concludes by discussing the theoretical place of emergent legal and constitutional principles within a functionalist theory.
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Tina Rulli
Conditional Obligations
first published on April 9, 2020
Some obligations are conditional such that act A is morally optional, but if one chooses A, one is required to do act B rather than some other less valuable act C. Such conditional obligations arise frequently in research ethics, in the philosophical literature, and in real life. They are controversial: how does a morally optional act give rise to demanding requirements to do the best? Some think that the fact that a putative obligation has a conditional structure, so defined, is a strike against its being a genuine obligation. I argue that conditional obligations are to be expected in a moral theory that has moral options.
April 4, 2020
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Nahshon Perez
What Are Data Good for Anyway? A Typology of Usages of Data in Contemporary Political Theory
first published on April 4, 2020
This article develops a typology of usages for empirical data in normative theorizing in contemporary political theory. A typology of usages is indicated, providing definitions, ‘names’ and an analysis for each usage, and points to the typical stage within political theory research for each usage. The typology is built in a casuistic methodology. It includes the following categories: (i) Spotlighting, (ii) Definition, (iii) Conversion, (iv) Institutional clarity, (v) Theoretical clarity, and (vi) Theory improvement. The typology creates a novel toolbox that can be adopted by political theorists; and it clarifies the methods and achievements of data-sensitive political theory.
April 2, 2020
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Richard L. Lippke
Retributivism and Victim Compensation
first published on April 2, 2020
Given the desert-centric character of retributive penal theory, it seems odd that its supporters rarely discuss the undeserved losses and suffering of crime victims and the state’s role in responding to them. This asymmetry in the desert-focus of retributive penal theory is examined and the likely arguments in support of it are found wanting. Particular attention is paid to the claim that offenders, rather than the state, should supply compensation to victims. Also, standard retributive accounts of why the deserving should be punished are shown to support state-supplied victim compensation.
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Shane Gronholz
Welfare: Does Thinking Make It So?
first published on April 2, 2020
According to what I call the judgment view about welfare, a subject S’s life is going well for S only if S judges that S’s life is going well for S. This means that a person’s welfare depends, at least in part, on that person’s own judgment about her welfare. According to this view, it is not possible for a person to have a life that is going well for her if she judges that it is not. In this paper, I challenge this view by showing that there can be cases where a person’s life is going well for her even if she does not judge that it is.
March 27, 2020
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August Gorman
Depression’s Threat to Self-Governance
first published on March 27, 2020
Much of the literature on impairment to self-governance focuses on cases in which a person either lacks the ability to protect herself from errant urges or cases in which a person lacks the capacity to initiate self-reflective agential processes. This has led to frameworks for thinking about self-governance designed with only the possibility of these sorts of impairments in mind. I challenge this orthodoxy using the case of melancholic depression to show that there is a third way that self-governance can be undermined: an agent may fail to form the desire she most wants to act on.
March 26, 2020
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Andrew T. Forcehimes, Luke Semrau
Relationship Sensitive Consequentialism Is Regrettable
first published on March 26, 2020
Personal relationships matter. Traditional Consequentialism, given its exclusive focus on agent-neutral goodness, struggles to account for this fact. A recent variant of the theory—one incorporating agent-relativity—is thought to succeed where its traditional counterpart fails. Yet, to secure this advantage, the view must take on certain normative and evaluative commitments concerning personal relationships. As a result, the theory permits cases in which agents do as they ought, yet later ought to prefer that they had done otherwise. That a theory allows such cases is a serious defect. We thus conclude that, in terms of how the theories handle personal relationships, agent-relative consequentialism fairs no better than its traditional counterpart.
March 4, 2020
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Tim Heysse
Truth in Democratic Politics An Analysis of Commitments
first published on March 4, 2020
This article clarifies the recent epistemic rehabilitation of democracy and adds to it in two respects. First, I point out that the epistemic rehabilitation of democracy identifies an internal connection of democracy with normative truths—but only an external connection with substantial truth and correctness. Second, such an internal connection surfaces when we focus on the place of criticism in democracy. Criticism, however, presupposes pluralism and a recognition of the provisionality of decisions. So I, third, analyse prominent theories of truth and examine what conceptions of pluralism and provisionality they allow. This evokes a view emphasizing the unruly role of truth; criticism introduces a commitment to correctness, and this commitment to correctness underwrites the provisional nature of democratic decisions.
February 29, 2020
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Lachlan Montgomery Umbers
A Citizens’ Assembly for the Cognitively Disabled
first published on February 29, 2020
Most democracies disenfranchise persons with cognitive disabilities. Several democratic theorists have, for a range of reasons, recently argued that such restrictions ought to be abolished. I agree with such arguments. Some, however, have also expressed the hope that enfranchising such persons might give politicians more powerful incentives to attend to such persons’ interests. I argue that such hopes are likely to be disappointed. If we wish to ensure that such persons’ interests are taken seriously in the political process, we must consider reforms of other kinds. After considering several alternatives, I argue for a deliberative solution—a Citizens’ Assembly for the Cognitively Disabled, modeled upon the 2004 British Columbia Citizens’ Assembly on electoral reform.
February 25, 2020
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Keith Horton
Philosophy and Activism The Epistemic Argument
first published on February 25, 2020
In this article I develop and defend what I call the ‘Epistemic Argument for Activism.’ According to this argument, some moral and political philosophers have certain features that give them epistemic advantages when tackling topics such as the moral status of certain practices, policies, and institutions (‘PPIs’). Because of these advantages, when these philosophers study those PPIs carefully they generally develop views about the moral status of those PPIs that have a number of enhanced epistemic properties. And because their views have such enhanced epistemic properties, these philosophers have distinctive, epistemic-based reasons to take activist steps in certain circumstances.
February 22, 2020
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Andrei Poama
Waiving Jury Deliberation The Humility Argument
first published on February 22, 2020
This article argues that, given the current pervasive uncertainty about the reliability of jury deliberation, we ought to treat it with epistemic humility. I further argue that epistemic humility should be expressed and enforced by turning jury deliberation from a mandatory rule of the jury trial to a waivable right of the defendant. I consider two main objections to my argument: the first one concerns the putative self-defeatingness of humility attitudes; the second objection points to the burdensomeness of granting an unconditional jury deliberation waiver to the defendant.
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Mollie Gerver
Inferring Consent without Communication
first published on February 22, 2020
Some claim that consent requires common knowledge. For a doctor to obtain consent, a doctor must know that her patient has given her permission to perform surgery, and her patient must know the doctor knows that he has given this permission. Some claim that such common knowledge requires communication, and so consent requires communication: the patient must tell the doctor he consents for both to know consent took place, and for both to know the other knows consent took place. I first defend the claim that consent requires common knowledge, responding to recent objections. I then argue that, though consent requires common knowledge, it does not always require communication. It does not require communication when the agent obtaining consent can infer common knowledge based on non-behavioral facts about the world.
February 20, 2020
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Erik Magnusson
Can Gestation Ground Parental Rights?
first published on February 20, 2020
In law and common-sense morality, it is generally assumed that adults who meet a minimum threshold of parental competency have a presumptive right to parent their biological children. But what is the basis of this right? According to one prominent account, the right to parent one’s biological child is best understood as being grounded in an intimate relationship that develops between babies and their birth parents during the process of gestation. This paper identifies three major problems facing this view—the explanatory, adjudicatory, and theoretical problems—and explains how an alternative autonomy-based account is capable of avoiding them.
February 19, 2020
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Marc A. Cohen
Generalized Trust in Taiwan and (as Evidence for) Hirschman’s doux commerce Thesis
first published on February 19, 2020
Data from the World Values Survey shows that generalized trust in Mainland China—trust in out-group members—is very low, but generalized trust in Taiwan is much higher. The present paper argues that positive interactions with out-group members in the context of Taiwan’s export-oriented economy fostered generalized trust—and so explains this difference. This line of argument provides evidence for Albert O. Hirschman’s doux commerce thesis, that market interaction can improve persons and even stabilize the social order. The present paper defends this point by separating two theses that Hirschman combines under that label, a countervailing forces thesis and a doux commerce thesis narrowly understood. These theses offer different explanations (or mechanisms) for how commerce could have those positive effects. The data about Taiwanese trust practices provides evidence for the latter.
January 11, 2020
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Joseph Mazor
The Case for Citizen Duty
first published on January 11, 2020
This article defends a novel type of institutionalized mass deliberation: Citizen Duty. Citizen Duty would legally require every citizen to engage in one day of diverse, moderated political deliberation prior to major elections. This deliberation would realize a variety of benefits, including wiser electoral decisions and a more respectful electoral process, while avoiding the dangers of citizen deliberation. A comparison with jury duty and with non-deliberative alternatives suggests that Citizen Duty’s substantial economic and liberty costs are justified. Finally, an examination of citizen attitudes towards politics and deliberation suggests that Citizen Duty is not as quixotic as it first appears.
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