The subject matter of this essay is a certain understanding of the value of equality which I will call ‘relational egalitarianism’ – a view which locates the value of equality not in distributions but in social and political relationships. This is a suitable topic for a contribution to a volume based on themes from the work of G.A. Cohen for two, somewhat contradictory, reasons.

A common anti-egalitarian argument is that equality is motivated by envy, or the desire to placate envy. In order to avoid this charge, John Rawls explicitly banishes envy from his original position. This article argues that this is an inconsistent and untenable position for Rawls, as he treats envy as if it were a fact of human psychology and believes that principles of justice should be based on such facts. Therefore envy should be known about in the original position. The (...) consequences for Rawlsian theory—both substantive and methodological—are discussed. (shrink)

Is childhood valuable? And is childhood as, less, or more, valuable than adulthood? In this article I first delineate several different questions that we might be asking when we think about the ‘value of childhood’, and I explore some difficulties of doing so. I then focus on the question of whether childhood is good for the person who experiences it. I argue for two key claims. First, if childhood wellbeing is measured by the same standards as adulthood, then children are (...) worse off than adults. Second, if childhood and adulthood wellbeing are measured by different standards, then we cannot compare them, and children are neither better off nor worse off than adults. This has some counter-intuitive implications, such as that we do not harm persons by depriving them of a childhood, nor by keeping them as children for elongated periods. (shrink)

Rawls’s difference principle and the position dubbed ‘luck egalitarianism’ are often viewed as competing theories of distributive justice. However, recent work has emphasised that Rawlsians and luck egalitarians are working with different understandings of the concept of justice, and thus not only propose different theories, but different theories of different things. Once they are no longer seen in direct competition, there are some questions to be asked about whether these two theories can be consistently endorsed alongside one another. In this (...) essay, I (begin to) investigate whether Rawls’s theory (or elements of it) and (some form of) luck egalitarianism can be consistently endorsed. -/- I begin by outlining the main aspects of Rawls’s theory and luck egalitarianism, showing them to be different kinds of theory and therefore not in direct competition. I then propose an understanding of how these ideas came to be seen to be in direct competition. Finally, I outline five different ways in which one might consistently be (some kind of) a luck egalitarian and (some kind of) a Rawlsian, and try to say something about what is to be said for and against each of these ways of combining the theories. (shrink)

The family of theories dubbed ‘luck egalitarianism’ represent an attempt to infuse egalitarian thinking with a concern for personal responsibility, arguing that inequalities are just when they result from, or the extent to which they result from, choice, but are unjust when they result from, or the extent to which they result from, luck. In this essay I argue that luck egalitarians should sometimes seek to limit inequalities, even when they have a fully choice-based pedigree (i.e., result only from the (...) choices of agents). I grant that the broad approach is correct but argue that the temporal standpoint from which we judge whether the person can be held responsible, or the extent to which they can be held responsible, should be radically altered. Instead of asking, as Standard (or Static) Luck Egalitarianism seems to, whether or not, or to what extent, a person was responsible for the choice at the time of choosing, and asking the question of responsibility only once, we should ask whether, or to what extent, they are responsible for the choice at the point at which we are seeking to discover whether, or to what extent, the inequality is just, and so the question of responsibility is not settled but constantly under review. Such an approach will differ from Standard Luck Egalitarianism only if responsibility for a choice is not set in stone—if responsibility can weaken then we should not see the boundary between luck and responsibility within a particular action as static. Drawing on Derek Parfit’s illuminating discussions of personal identity, and contemporary literature on moral responsibility, I suggest there are good reasons to think that responsibility can weaken—that we are not necessarily fully responsible for a choice for ever, even if we were fully responsible at the time of choosing. I call the variant of luck egalitarianism that recognises this shift in temporal standpoint and that responsibility can weaken Dynamic Luck Egalitarianism (DLE). In conclusion I offer a preliminary discussion of what kind of policies DLE would support. (shrink)

Business ethics educators strive to produce graduates who not only grasp the principles of ethical decision-making, but who can apply that business ethics education when faced with real-world challenges. However, this has proven especially difficult, as good intentions do not always translate into ethical awareness and action. Complementing a behavioral ethics approach with insights from social psychology, we developed an interventional class module with both online and in-class elements aimed at increasing students’ awareness of their own susceptibility to unconscious biases (...) and, consequently, unethical behaviors. We deployed this intervention within a problem-based learning course, in which students completed real-world projects for actual business clients. Our results suggest that although students appeared universally aware of the importance of ethical issues in business and generally espoused intentions to act ethically, those who received the intervention were significantly more likely to recognize their own susceptibility to perpetuating unethical business behavior and to identify ethical issues specific to their real-world projects. These results have important implications for behavioral ethics pedagogy and provide a de-biasing interventional approach for bridging classroom knowledge with real-world skills. (shrink)

Constrained instrumentalist theories of punishment – those that seek to justify punishment by its good effects, but limit its scope – are an attractive alternative to pure retributivism or utilitarianism. One way in which we may be able to limit the scope of instrumental punishment is by justifying punishment through the concept of duty. This strategy is most clearly pursued in Victor Tadros’ influential ‘Duty View’ of punishment. In this paper, I show that the Duty View as it stands cannot (...) find any moral distinction between the permissible punishment of the guilty and the permissible punishment of the innocent in extreme circumstances, therefore undermining one the key pillars of its intuitive appeal. I canvass several ways to respond to this problem, arguing that a rights forfeiture theory which employs the distinction between rights forfeiture and rights infringement is the best solution. (shrink)

In his book Democratic Authority, David Estlund puts forward a case for democracy, which he labels epistemic proceduralism, that relies on democracy's ability to produce good – that is, substantively just – results. Alongside this case for democracy Estlund attacks what he labels ‘utopophobia’, an aversion to idealistic political theory. In this article I make two points. The first is a general point about what the correct level of ‘idealisation’ is in political theory. Various debates are emerging on this question (...) and, to the extent that they are focused on ‘political theory’ as a whole, I argue, they are flawed. This is because there are different kinds of political concept, and they require different kinds of ideal. My second point is about democracy in particular. If we understand democracy as Estlund does, then we should see it as a problem-solving concept – the problem being that we need coercive institutions and rules, but we do not know what justice requires. As democracy is a response to a problem, we should not allow our theories of it, even at the ideal level, to be too idealised – they must be embedded in the nature of the problem they are to solve, and the beings that have it. (shrink)

In this essay, we explore an issue of moral uncertainty: what we are permitted to do when we are unsure about which moral principles are correct. We develop a novel approach to this issue that incorporates important insights from previous work on moral uncertainty, while avoiding some of the difficulties that beset existing alternative approaches. Our approach is based on evaluating and choosing between option sets rather than particular conduct options. We show how our approach is particularly well-suited to address (...) this issue of moral uncertainty with respect to agents that have credence in moral theories that are not fully consequentialist. (shrink)

Hoc tempore velut per universum orbem Romanum, bellicum canentibus bucinis, excitae gentes saevissimae, limites sibi proximos persultabant. Gallias Raetiasque simul Alamanni poputabantur; Sarmatae Pannonias et Quadi; Picti Saxonesque et Scotci, et Attacotti Brittanos aerumnis vexavere continuis; Austoriani Mauricaeque aliae gentes, Africam solito acrius incursabant; Thracias et diripiebant praedatorii globi Gothorum. Persarum rex manus Armeniis iniectabat, eos in suam dicionem ex integro vocare vi nimia properans, sed iniuste, causando, quod post Ioviani excessum, cum quo foedera firmarat et pacem, nihil obstare debebit, (...) quo minus ea recuperaret, quae antea ad maiores suos pertinuisse monstrabat. (shrink)

First published in 1950 under title: The great philosophers: the Eastern world.

Philosophers writing about proportionality in self-defense and war will often assume that defensive agents have full knowledge about the threat that they face and the defensive options available to them. But no actual defensive agents possess this kind of knowledge. How, then, should we make proportionality decisions under uncertainty? The natural answer is that we should move from comparing the harm we will do with the good we will achieve to comparing expected harm with expected good. I argue that this (...) simple calculation is flawed, and I begin to develop a more sophisticated account of “subjective proportionality.”. (shrink)

Children are expensive to raise. Ensuring that they are raised in such a way that they are able to lead a minimally decent life costs time and money, and lots of both. Who is responsible for bearing the costs of the things that children are undoubtedly owed? This is a question that has received comparatively little scrutiny from political philosophers,despite children being such a drain on public and private finances alike. To the extent that there is a debate, two main (...) views can be identified. The Parents Pay view says that parents, responsible for the existence of the costs, must foot the bill. The Society Pays view says that a next generation is a benefit to all, and so to allow parents to foot the bill alone is the worst kind of free-riding. In this article, I introduce a third potentially liable party currently missing from the debate: children themselves. On my backward-looking view, we are entitled to ask people to contribute to the raising of children on the basis that they have benefited from being raised themselves. (shrink)

In this article I argue that revisionists in just war theory must further revise their proportionality principles. I show that on the revisionist view it is possible for a war to be proportionate,...

R.A. Duff’s The Realm of the Criminal Law advances the literature on criminalization by providing the most thorough exploration and defence yet provided of the intuitively attractive idea that criminalization is properly limited to public wrongs only. I outline here six concerns I have with the view, as presented in this book, and suggest where the account needs further elaboration, defence, or rethinking.

This essay addresses the first century of English colonization of the North American mainland. Rather than narrate a familiar story of events--migration, settlement, the creation of viable Anglophone cultures amid hardship and danger--it pursues a less familiar track by examining the terms upon which English adventurers and their contemporaries understood the world they inhabited, the process of transatlantic expansion upon which they were engaged, and, in particular, the justifications they espoused for their appropriations of space from its existing inhabitants. My (...) examination concentrates in particular on the conjoined discourses, literary and legal, in which the meanings of those terms are most clearly displayed. Through analysis of Shakespeare's early play Titus Andronicus, I demonstrate the salience of Tudor political economy--principally of sovereign power and invasion, of land and inhabitation, and of the city and barbarism--to the discourse of early-modern English colonizing. I show how the same complex of ideas animated the founding legal texts of English "settlement," revealed in the jurisdictional structures created and spaces occupied by the projectors of colonies. Finally, through reference to another foundational text, not of colonizing but of modern American legal history, I show the cardinal importance to contemporary America's historical self-construction of a refusal to acknowledge America's historical origins in a political economy of "colonization" and its violence, and its preference for a narrative of "energy" and "freedom" and their occlusion of violence. (shrink)

The individualist nature of much contemporary just war theory means that we often discuss cases with single attackers. But even if war is best understood in this individualist way, in war combatants often have to make decisions about how to distribute harms among a plurality of aggressors: they must decide whom and how many to harm, and how much to harm them. In this paper, I look at simultaneous multiple aggressor cases in which more than one distribution of harm among (...) aggressors is available. I show how such cases pose deep questions concerning the nature, role, and scope of the necessity principle, and its relationship to both liability and narrow proportionality. I argue that a hitherto unrecognised measure – ‘narrow proportionality shortfall’ – and its distribution is relevant in choosing how to distribute harms across aggressors. I then extend this analysis to show how this may help us with a puzzle concerning sequential attacks. (shrink)

Perhaps the best-known theory of fairness is John Broome’s: that fairness is the proportional satisfaction of claims. In this article, I question whether claims are the appropriate focus for a theory of fairness, at least as Broome understands them in his current theory. If fairness is the proportionate satisfaction of claims, I argue, then the following would be true: fairness could not help determine the correct distribution of claims; fairness could not be used to evaluate the distribution of claims; fairness (...) could not guide us in distributing claims (or unowed goods); we could not have a claim to be treated fairly; and we would not be wronged when treated unfairly. These entailments mean that it is questionable that fairness is concerned with claims in the way Broome suggests. At the very least, the relationship between fairness and claims appears to be more complex than the picture painted by Broome. (shrink)

How is the validity of our consent, and others’ moral permission to act on our consent affected by coercion? Everyone agrees that in cases of two-party coercion—when X coerces Y to do something with or for X—the consent of the coerced is invalid, and the coercer is not permitted to act upon the consent they receive. But coercers and the recipients of consent are not always identical. Sometimes a victim, Y, agrees to do something to, with, or for Z because (...) they are being coerced by X. Recently, several philosophers have argued that consent under third-party coercion can be fully valid. We argue that this view has troubling implications. We develop a novel view of consent in third-party coercion cases, which we call the partial validity account. The core idea is that, under severe coercion, Y’s consent is at most partially valid—it reduces the strength of, but does not completely dissolve, Z’s consent-sensitive duties. We argue that the partial validity account gets the right results in important cases and explains the moral factors at play better than alternative accounts. (shrink)

Retributivism is often explicitly or implicitly assumed to be compatible with the harm principle, since the harm principle (in some guises) concerns the content of the criminal law, while retributivism concerns the punishment of those that break the law. In this essay I show that retributivism should not be endorsed alongside any version of the harm principle. In fact, retributivists should reject all attempts to see the criminal law only through (other) person-affecting concepts or “grievance” morality, since they should endorse (...) the criminalization of conduct that is either purely self-harming or good for somebody and bad for nobody (i.e., Pareto improvements). (shrink)

Retributivists believe that punishment can be deserved, and that deserved punishment is intrinsically good or important. They also believe that certain crimes deserve certain quantities of punishment. On the plausible assumption that the overall amount of any given punishment is a function of its severity and duration, we might think that retributivists would be indifferent as to whether a punishment were long and light or short and sharp, provided the offender gets the overall amount of punishment he deserves. In this (...) paper I argue against this, showing that retributivists should actually prefer shorter and more severe punishments to longer, gentler options. I show this by focusing on, and developing a series of interpretations of, the retributivist claim that not punishing the guilty is bad, focusing on the relationship between that badness and time. I then show that each interpretation leads to a preference for shorter over longer punishment. (shrink)

Some philosophers believe that we can, in theory, justifiably prepunish people—that is, punish them for a crime before they have committed that crime. In particular, it has been claimed that retributivists ought to accept prepunishment. The question of whether prepunishment can be justified has sparked an interesting and growing philosophical debate. In this paper I look at a slightly different question: whether retributivists who accept that prepunishment can be justified should prefer postpunishment or prepunishment, or see them as on a (...) par. The answer is complex: asking this question brings to light unrecognized distinctions within both retributivism and prepunishment, giving us four different answers to the question, depending on what kind of retributivism and what kind of prepunishment are combined. Surprisingly, given that it is usually presented as a second best, to be pursued only when postpunishment is unavailable, some combinations will find prepunishment preferable. (shrink)

This Article applies the concept of "legal transplant" to the slavery regimes that sprang up in all regions of settlement during the first two centuries of English colonization of mainland America. Using a distinction between "extrastructure" and "intrastructure," we can divide the Anglo-American law of slavery into discourses of explanation/justification and technologies of implementation. The two components were produced from distinct sources. English law possessed few intellectual resources that could be mobilized to justify and explain slavery as an institution. Here (...) we find the law of nature and nations uppermost. English law offered many resources, however, for the management, distribution and control of movements of people. Thus, the Anglo-American law of slavery combined two transplanted resources within itself. As colonial settlements turned into slave societies, local innovations increasingly supplemented original transplants, compensating for their deficiencies and limitations and becoming, in turn, a third species of transplant. Assembly laws moved from colony to colony, creating commonalities within regions of settlement, and also — more interestingly — among regions usually thought quite distinct. Together the three species of transplants created densely instrumental slave regimes that enumerated all the ways in which summary mutilations and executions defined the slave’s life on the edge of death. (shrink)

At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas of the (...) criminal justice process, and in particular those parts in which we (through our legislatures and judges) decide how much punishment to distribute to guilty persons. If, as the direct moral grounding suggests, we should prefer under-punishment to over-punishment under conditions of uncertainty, due to the moral seriousness of errors which inappropriately punish persons, then we should also prefer erring on the side of under-punishment when considering how much to punish those who may justly be punished. Some objections to this line of thinking are considered. (shrink)

Originally published in 1985, this distinguished and constructive critique of modern culture introduced into our language a brand-new term, ‘PN’, standing for ‘psychic nutrition’, which at the time promised to become a household expression. Drawing on his first-hand knowledge of oriental civilizations; on discoveries of Jung, especially his concept of psychic energy; on the ideas of the cultural anthropologists; and not least on the New Science implicit in microphysics and microbiology, E.W.F. Tomlin, whose philosophical books have been translated into (...) several languages, shows how the human psyche requires its own kind of nourishment just as urgently as the body needs food. In the industrial societies of the West, this need has often been ignored. Reformers, in their earnest though sometimes inept endeavours to create a better world, have too often exposed us to the dangers of psychic starvation and the noxious effects of what may be called ‘neg-PN’. Here lie the roots of violence and the lack of direction so conspicuously afflicting modern man and woman. Examples of PN, positive and negative, are given, lending the book an immediacy and practical character often lacking in studies of this kind. In the new scientific approach here adopted, the divisions between matter and life, and life and mind, are discarded, and the old conflict between science and religion shown to belong to an out-of-date world view. The result is a radical reappraisal of the nature and function of religion and art, the two great psychic forces in history. Indeed, the present crisis is shown to originate in the psychic sphere rather than in the political and economic order. Deeply felt and elegantly written, yet not lacking in wit and humour, the book ends with some concrete ideas on how a more balanced culture may be achieved. (shrink)

Introduction I The Use of Philosophy The kind of questions which we propose to discuss in this book and with which, it seems to us, all introductions to the ...