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It is widely agreed that Thucydides’ Melian dialogue presents the Athenian invasion of Melos, and the Athenian justification, in a negative light. Attention tends to focus on the immorality of ‘the rule of the stronger’ that the Athenians present in the dialogue. This essay argues that another feature of the dialogue triggering negative judgements of the Athenians is their criticism of the Melians’ resistance: it is voiced by the Athenians themselves and therefore provokes in readers a ‘speaker-relative’ normative judgement of the Athenians. Philosophers have explored how our normative judgements about statements often depend on the speaker. Because the Athenians have deliberately put the Melians into their perilous situation, and because part of Athenian self-mythology was heroic resistance against overwhelming numbers in the Persian Wars, Athenian criticism of the Melians is hypocritical and applies an asymmetrical ethics to the Athenians and the Melians. Reaction against these features of the dialogue exacerbates the moral abhorrence of the Athenians felt by many readers. Hence I disagree with Bosworth’s view of the dialogue as primarily critical of the Melians. Instead we see Thucydides here condemning not only the Athenian imperial project but also the rhetoric used to defend and sustain it.
Rawls assesses conceptions of justice in terms of how stable a society governed by them would be. I describe how Rawls presents this view of stability differently in A Theory of Justice and Political Liberalism. I then argue that G.A. Cohen’s objections to this view largely fail insofar as we grant Rawls the claim that the task of principles of justice is to provide fair terms of cooperation. But I then develop an objection to this claim by drawing on Cohen’s critique of Rawls’s treatment of the circumstances of justice. These circumstances are more capacious than Rawls allows. Nonetheless, contra Cohen, we can retain one of the key insights of Rawls’s project, which is that justice is fundamentally about realizing a certain kind of relationship rather than realizing a particular distribution of goods. I sketch a Kantian conception of the relevant relationship and consider the role stability plays in it.
In A Conceptual Investigation of Justice, Kyle Johannsen maintains that the strongest version of John Rawls’s theory of justice is one that incorporates the luck egalitarian conception of fairness developed by G.A. Cohen. He also contends that, once the theory is modified in this way, it becomes clear that the original position doesn’t yield principles of justice but rather what Cohen calls ‘rules of regulation.’ I argue that the minimal conception of fairness that Rawls favours is the right one for his purposes, and that bringing in luck egalitarian fairness would render the outcome of the original position indeterminate.
In this paper, I explain the arguments my critics target and I respond to their criticisms. Some of my replies further expand upon the ideas covered in my book—A Conceptual Investigation of Justice—and some cover matters that weren’t discussed there. This paper thus substantially contributes to the arguments made in my book.
This paper provides a critical rejoinder to some themes in Kyle Johannsen’s A Conceptual Investigation of Justice. The discussion focuses on Johannsen’s analysis of fundamental value pluralism and identifies a number of challenges to the form of value pluralism defended by Johannsen. I suggest that Johannsen’s analysis fails to explain how conflicts between fundamental values can be resolved, and that there is greater harmony between fundamental values than Johannsen recognizes.
I argue that a theory of distributive justice is sensitive to desert if and only if it (1) does not require an institutional scheme that prevents individuals from treating one another as they deserve, and (2) requires a desert ethos. A desert ethos is a set of principles that, though not embodied in a society’s basic coercive structure, nevertheless governs interpersonal relations between citizens. These two necessary conditions are jointly sufficient for ‘giving desert its due’ in a theory of justice. I therefore reject the received view that a desert-sensitive theory must endeavor to guarantee distributions patterned according to desert.
In Rescuing Justice and Equality, G.A. Cohen argues that the incentive inequalities permitted by John Rawls's difference principle are unjust since people cannot justify them to their fellow citizens. I argue that citizens of a Rawlsian society can justify their acceptance of a wide range of incentive inequalities to their fellow citizens. They can do so because they possess the right to freedom of occupational choice, and are permitted – as a matter of justice – to exercise this right by making occupational decisions on the basis of a wide range of values and preferences.
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