Diversity Reading List

Abstract: My aim in this essay is to remove some of the rubbish that lies in the way of an appropriate understanding of rectificatory compensation, by arguing for the rejection of the counterfactual conception of compensation. Although there is a significant extent to which contemporary theorists have relied upon this idea, the counterfactual conception of compensation is merely a popular assumption, having no positive argument in support of it. Moreover, it can make rendering compensation impossible, and absurd notions of compensation can result from its use, results that may themselves constitute injustices. This latter difficulty is most troubling when the CCC is employed in large compensatory cases like the case of rectificatory compensation for the descendants of American slaves. I want to suggest that, taken together, the difficulties with the CCC yield sufficient reason for rejecting it as an acceptable rectificatory notion.

Introduction: The problems I will focus on lie in the domain of the theory of justice. Specifically, my concern is to determine what kinds of criticisms of the ghetto poor’s behavior and attitudes are or are not appropriate given that the social circumstances under which they make their life choices are, at least in part, the result of injustice. If the overall social arrangement in which the ghetto poor live is unjust, this requires that we think about what their obligations are quite differently than we should if the society were judged to be just. In particular, I will argue that it is necessary to distinguish the civic obligations citizens have to each other from the natural duties all persons have as moral agents, both of which are affected, though in different ways, by the justness of social arrangements. In addition, among the natural duties all persons possess is the duty to uphold, and to assist in bringing about, just institutions, a political duty that has important, though generally overlooked, consequences for the debate about ghetto poverty.

Introduction: The social-contract tradition in moral and political thought can be loosely characterized as an approach to justification based on the idea of rational agreement. This tradition contains a variety of theories that are put to a number of uses. My exclusive focus here will be contract views that rely upon hypothetical, as opposed to actual, consent. My main objective is to defend hypothetical-consent theories against what I call the standard indictment: the claim that hypothetical consent cannot give rise to obligation. I begin by explaining the standard indictment in more detail; next, I argue that the standard indictment does not apply to moral, as contrasted with, political contractarianism; finally, I argue that, on a certain understanding of the relation between political legitimacy and political obligation, the standard indictment does not count against political contractarianism.

Introduction: One of the main tasks that occupies political theorists, and arouses intense debate among them, is the construction of theories—so-called ideal theories—that share a common characteristic: much of what they say offers no immediate or workable solutions to any of the problems our societies face. This feature is not one that theorists strive to achieve but nor can it be described as an accidental one: these theories are constructed in the full knowledge that, whatever else they may offer, much of what they say will not be immediately applicable to the urgent problems of policy and institutional design. Since this may seem puzzling, and has been subjected to severe criticism, the main task of this paper is to ask what is the point of ideal theory and to show the nature of its value. I will also argue that, while the debate over the point of ideal theory can be productive, it will only be so if we avoid treating ideal and nonideal theories as rival approaches to political theory.

Introduction: There was once a luck egalitarian school of thought, according to which disadvantage arising due to bad luck was unjust—at the bar of egalitarian justice—while disadvantage arising due to choice was just, at least if the choice was exercised against the background of equal options. “Choice” in this context needed to be “genuine choice”—which, for some, meant “voluntary,” and for others, also “freely willed”—but if it was genuine, then it did not matter whether it was a silly mistake or a considered course of action: if it led to disadvantage, its presence was deemed sufficient to justify leaving the agent to bear the disadvantage. Let's call the view that choice leading to disadvantage is sufficient to justify the disadvantage, at least if choice was exercised against the background of equal options, the inflated view of choice. [...] The inflated view was so crude that in the face of criticism pointing out its crudeness, its supporters have adopted more sophisticated views, and no recent luck egalitarian has defended the crude version. These more sophisticated views recognize that the mere fact that an outcome has been chosen does not make the outcome just—not even by the standards of egalitarian justice alone. In what follows, I will argue that this dominant reading of early luck egalitarianism as committed to the inflated view is, at best, a one-sided interpretation of the iconic writings of the luck egalitarian literature advanced by its most famous proponents, namely Arneson, Cohen, and Dworkin. Their writings did not unambiguously point toward the inflated view; if the early texts were interpreted more charitably, we could have, perhaps, avoided associating luck egalitarianism with the inflated view, arriving immediately at the sophisticated versions of luck egalitarianism dominating the field today.

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Abstract: This article challenges the conventional view that Confucianism has no place for the value of equality by shifting the focus from direct justification of equality (Why equality?) to concerns about actual social and political problems (Which inequalities are objectionable?). From this perspective, early Confucian texts endorse some inequalities, in particular those based on virtue, while objecting to others, especially socioeconomic inequalities. Confucians do not consider equality or inequality as inherently valuable, but evaluate them in relation to issues of good government.

Abstract: While the concept of adaptive preferences is an important tool for criticizing injustice, it is often claimed that using the concept involves showing disrespect for persons judged to have adaptive preferences. In this paper, I propose an account of adaptive preferences that does the relevant political work while still showing persons two centrally important kinds of respect. My account is based in what I call an indirect substantive account of autonomy, which places substantive requirements on the options available to a person, rather than on the option that she ultimately prefers. This allows us to pinpoint cases in which a person's circumstances have rendered her insufficiently autonomous, without saying that any conception of the good must be non-autonomous tout court.

Publisher’s Note:
Uqalurait presents a comprehensive account of Inuit life on land and sea ice in the area now called Nunavut, before extensive contact with southerners. Drawing on a broad range of oral history sources - from nineteenth-century exploration accounts to contemporary community-based projects - the book uses quotes from over three hundred Inuit elders to provide an 'inside' view of family life, social relations, hunting, the land, shamanism, health, and material culture. For the first time, the reader encounters Inuit culture and traditional knowledge through the voices of people who lived the life being described. Based on a larger research project developed under the guidance of six Inuit from across Nunavut, Uqalurait consists of thousands of quotations organised thematically into cohesive chapters. The book describes the seasonal rounds of four different groups, capturing the fact that while Inuit across Nunavut had much in common, there was also much to distinguish them from each other, living as they did in many small groups of people, each with its own territory and identity. Given the recent creation of Nunavut and the current focus of attention on the Arctic due to climate change, Uqalurait is a timely source of insight from a people whose values of sharing and respect for the environment have helped them to live contentedly for centuries at the northern limit of the inhabitable world.

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This paper offers a comparison between Navajo conceptions of law and justice based on the community's experiences to those of Anglo-european law and justice.