Abstract

A practice-dependent conception of justice holds that principles of justice depend, in their content, on the nature of the practice that they are intended to regulate. Institutionalism, one variety of practice-dependency, claims that it is institutional form which determines principles of justice. Specifically, principles of justice should enable the effective pursuit of the point and purpose of the institution they regulate. One consequence of this view is that it cannot be a duty of justice to set up new institutions when none already exist, as there are no principles of justice in the absence of institutions – call this the “conservative institutionalist claim”. In this paper, I argue against this claim, and use the case of global public goods as an example of when there can be duties of justice to set up new institutions.