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Who should have a say in a given decision for it to count as democratic? This is the question with which the so-called democratic boundary problem is concerned. Two main solutions have emerged in the literature: the All-Affected Principle (AAP) and the All-Subjected Principle (ASP). My aim in this chapter is to question the presuppositions underpinning the boundary-problem debate. Scholars have proceeded by taking democracy for granted, treating it as an ultimate value. Consequently, the best solution to the boundary problem has been framed as the one that most loyally reflects the value of democracy. But it is not at all obvious that democracy is best conceptualised as an ultimate value. Arguably, democracy marks out a family of decision-making systems that are themselves justified by appeal to how they reflect and promote important values in particular circumstances. The values in question range from equality and self-determination, to peace, security, and respect for fundamental rights. Thus, what we call “democracy” is itself one of several possible solutions to the boundary problem: a solution that is contingently justified by appeal to a variety of different values. This means that neither the AAP nor the ASP can provide one-size-fits-all solutions to the problem.
This chapter offers a reassessment of two familiar lines of criticism against Rawls’s Original Position (OP): the idealization critique and the fact-sensitivity critique. The former holds that the OP is too detached from the real world to deliver the right principles for us. The latter holds that the OP concedes too much to empirical reality for the resulting principles to tell us what “true justice” requires. I argue that we can blunt the force of these critiques once we fully appreciate the role that the OP plays in Rawls’s work. I distinguish between (i) Rawls’s theory, (ii) the arguments offered in support of it, and (iii) the desiderata applying to that theory, given its function. I then show that the idealization critique partly misfires, since the idealizations Rawls appeals to operate at the level of the argument offered in support of his theory, not at the level of the theory itself. Similarly, we can see that the fact-sensitivity critique does little damage to Rawls’s theory, once the theory’s function, hence the desiderata applying to it, are fully appreciated.
One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law's content—i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test—the “content-independence test”—which allows us to establish whether any candidate justification of the obligation to obey the law delivers genuine content-independence. I apply this test to prominent such justifications and conclude that several of them, surprisingly, fail it.
In late 2012, Hurricane Sandy hit the East Coast of the U.S., causing much suffering and devastation. Those who could have easily helped Sandy's victims had a duty to do so. But was this a rightfully enforceable duty of justice, or a nonenforceable duty of beneficence? The answer to this question is often thought to depend on the kind of help offered: the provision of immediate bodily services is not enforceable; the transfer of material resources is. I argue that this double standard is unjustified, and defend a version of what I call “social samaritanism.” On this view, within political communities, the duty to help the needy—whether via bodily services or resource transfers—is always an enforceable demand of justice, except when the needy are reckless; across independent political communities, it is always a matter of beneficence. I defend this alternative double standard, and consider its implications for the case of Sandy.
A globalized world, some argue, needs a global democracy. But there is considerable disagreement about whether global democracy is an ideal worth pursuing. One of the main grounds for scepticism is captured by the slogan: “No global demos, no global democracy.” The fact that a key precondition of democracy—a demos—is absent at the global level, some argue, speaks against the pursuit of global democracy. I discuss four interpretations of the skeptical slogan—each based on a specific account of the notion of “the demos”—and conclude that none of them establishes that the global democratic ideal must be abandoned. In so doing, I systematize different types of objections against global democracy, thus bringing some clarity to an otherwise intricate debate, and offer a robust but qualified defense of the global democratic ideal.
Is democracy a requirement of justice or an instrument for realizing it? This article argues that the correct answer to this question depends on the background circumstances against which democracy is defended. In the presence of thin reasonable disagreement about justice, we should value democracy only instrumentally (if at all); in the presence of thick reasonable disagreement about justice, we should value it also intrinsically, as a necessary demand of justice. Since the latter type of disagreement is pervasive in real-world politics, the conclusion is that theories of justice designed for our world should be centrally concerned with democracy.
In his recent book The Idea of Justice, Amartya Sen suggests that political philosophy should move beyond the dominant, Rawls-inspired, methodological paradigm – what Sen calls ‘transcendental institutionalism’ – towards a more practically oriented approach to justice: ‘realization-focused comparison’. In this article, I argue that Sen's call for a paradigm shift in thinking about justice is unwarranted. I show that his criticisms of the Rawlsian approach are either based on misunderstandings, or correct but of little consequence, and conclude that the Rawlsian approach already delivers much of what Sen himself wants from a theory of justice.
In this article, I develop a new account of the liberal view that principles of justice (in general) are meant to justify state coercion, and consider its implications for the question of global socioeconomic justice (in particular). Although contemporary proponents of this view deny that principles of socioeconomic justice apply globally, on my newly developed account this conclusion is mistaken. I distinguish between two types of coercion, systemic and interactional, and argue that a plausible theory of global justice should contain principles justifying both. The justification of interactional coercion requires principles regulating interstate interference; that of systemic coercion requires principles of global socioeconomic justice. I argue that the proposed view not only helps us make progress in the debate on global justice, but also offers an independently compelling and systematic account of the function and conditions of applicability of justice.
Many political theorists defend the view that egalitarian justice should extend from the domestic to the global arena. Despite its intuitive appeal, this ‘global egalitarianism’ has come under attack from different quarters. In this article, we focus on one particular set of challenges to this view: those advanced by domestic egalitarians. We consider seven types of challenges, each pointing to a specific disanalogy between domestic and global arenas which is said to justify the restriction of egalitarian justice to the former, and argue that none of them – both individually and jointly – offers a conclusive refutation of global egalitarianism.
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