Kyle Johannsen

G. A. Cohen’s claim that fundamental principles are ‘fact-insensitive’ has not received an especially warm welcome from the philosophical community. While some philosophers have expressed doubts about the plausibility of his claim, others have complained that even if his thesis is true, it is also relatively insignificant. In my paper, I argue that the fact-insensitivity thesis, if true, provides considerable support for value pluralism, and is thus of interest for that reason. Though Cohen himself assumes a plurality of fundamental principles, he never argues that the fact-insensitivity thesis supports this assumption. One of my paper’s aims, then, is to fill an argumentative gap in Cohen’s meta-ethical framework.

G. A. Cohen is well known within contemporary political philosophy for claiming that the scope of principles of justice extends beyond the design of institutions to citizens’ personal choices. More recently, he’s also received attention for claiming that principles of justice are normatively ultimate, i.e., that they’re necessary for the justification of action guiding principles (regulatory rules) but are unsuitable to guide political practice themselves. The purpose of this paper is to explore the relationship between these claims as they’re applied in criticism of John Rawls. It argues that ascribing normative ultimacy to justice entails its application to personal choice. However, it also argues that if Cohen is right about Rawls’s difference principle being regulatory rather than ultimate, then his earlier claim that Rawls must extend it to personal choice on pain of inconsistency is refuted.

In recent work, Andrew T. Forcehimes and Robert B. Talisse correctly note that G.A. Cohen’s fact-insensitivity thesis, properly understood, is explanatory. This observation raises an important concern. If fact-insensitive principles are explanatory, then what role can they play in normative deliberations? The purpose of my paper is, in part, to address this question. Following David Miller, I indicate that on a charitable understanding of Cohen’s thesis, an explanatory principle explains a justificatory fact by completing an otherwise logically incomplete inference. As a result, the explanatory role such a principle plays is inseparable from its status as a (not necessarily successful) justificatory reason. With this interpretation in hand, I then proceed to argue that Lea Ypi’s and Robert Jubb’s recent criticisms fail to undermine Cohen’s thesis, and that fact-insensitive principles, once discovered, are especially helpful for purposes of deliberation in circumstances characterized by changing and changeable feasibility constraints.