Peter Vallentyne

This is the second volume of Oxford Studies in Political Philosophy. Since its revival in the 1970s political philosophy has been a vibrant field in philosophy, one that intersects with jurisprudence, normative economics, political theory in political science departments, and just war theory. OSPP aims to publish some of the best contemporary work in political philosophy and these closely related subfields. The papers in this volume address a range of central topics and represent cutting edge work in the field. They are grouped into three main themes: ideal theory, the moral assessment of states, and issues in social reliations.

Child liberationism holds that children are entitled to more freedom from interference than we currently acknowledge socially or legally. It holds, for example, that "the law [should] grant and guarantee to the young the freedom that it now grants to adults to make certain kinds of choices, do certain kinds of things, and accept certain kinds of responsibilities. This means in turn that the law [should] take action against anyone who interferes with young people's rights to do such things".1 Call an agent minimally rational just in case he/she is capable of basic means-ends reasoning and of basic reflection on his/her beliefs and desires. No plausible form of child liberationism advocates full freedom from interference (i.e., as much as normal adults) for children that are not yet minimally rational. Some child liberationists do, however, advocate full freedom from interference for all minimally rational children -- typically those over age 5, say. Call this position radical child libera tionism . Other child liberationists only advocate full freedom from interference for older children -- typically those over age 12, say. Call this position moderate child libera tionism .2 For the sake of argument we shall grant that even young minimally rational children (e.g., 5 year olds) have full rights of non-interference. We shall argue that there are nonetheless a wide range of paternalistic practices regarding such children that are legitimate. In short, even granting the radical child liberationist thesis that young children have the same formal rights to freedom as competent adults, it does not follow that young children should enjoy the same effective freedom. Indeed, there are good reasons for holding that they should enjoy less freedom. Or so we shall..

David Gauthier's Morals by Agreement is the most complete and suggestive contractarian theory of morality since the work of Rawls. In this anthology a number of prominent moral and political philosophers offer a critical assessment of Gauthier's theory and its three main projects: developing a contractarian foundation for morality, defending a theory of rational choice, and supporting the claim that rationality requires one to keep one's agreements. An introduction sets out Gauthier's project, while Gauthier himself has the last word, responding to the critiques. This collection will interest moral and political philosophers, social theorists, and specialists in the philosophy and theory of law as well as management sciences.

Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome market failures. Footnotesa For very helpful comments, I am indebted to Dani Attas, Ellen Frankel Paul, Robert Johnson, Brian Kierland, Mike Otsuka, Eric Roark, and the other contributors to this volume

John Locke (1690), libertarians, and others have held that agents are self-owners in the sense that they have private property rights over themselves in the same way that people can have private property rights over inanimate objects. This private ownership is typically taken to include (1) control rights over (power to grant and deny permission for) the use of their persons (e.g., what things are done to them), (2) rights to transfer the rights they have to others (by sale, rental, gift, or loan), and (3) tax immunities for the possession and exercise of these rights (so that, unlike renters, for example, they owe no payment for these rights). The property rights in question are moral rights, and need not be legally recognized. Thus, a country that allows involuntary slavery fails to recognize the (moral) self-ownership of the slaves.

In recent years, interest in desert-based theories of justice has increased, and this seems to represent a challenge to equality-based theories of justice.[i] The best distribution of outcomeadvantage with respect to desert, after all, need not be the most equal distribution of outcomeadvantage. Some individuals may deserve more than others. Outcome egalitarianism is, however, implausible, and so the conflict of outcome desert with outcome equality is of little significance.[ii] Most contemporary versions of egalitarianism are concerned with neutralizing the differential effects of brute luck and not with equality of outcome. I shall argue that, in order to be plausible, a desert-based theory of justice can and must be compatible with this form of egalitarianism. There is, however, a stronger form of brute luck egalitarianism, which, as I shall explain, is concerned with equalizing the advantages from brute luck—and not merely with neutralizing the differential effects thereof. Under idealized conditions in which agents have perfect information about the outcomes that their choices generate, even this stronger form of egalitarianism, I shall show, is compatible with pure desert theory. Under conditions of incomplete information, however, strong brute luck egalitarianism is incompatible with a pure desert theory that appeals, as I shall explain, to moral, rather than prudential, desert.