Patrick Tomlin

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.

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

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.