Jeppe von Platz

The central idea of Rawls’s theory of justice is the idea of democratic society as a fair system of cooperation between free and equal citizens. The moral powers of democratic citizens are the capacities presupposed by this idea. Rawls identifies two such powers, the capacity for a conception of the good and the capacity for a sense of justice. I argue that the idea of democratic citizenship presupposes also a third moral power: the capacity for working. Since the basic rights are the rights necessary for the development and exercise of the moral powers of citizenship; and since the capacity for working is such a moral power; and since access to work, education, and healthcare are necessary for the development and exercise of the capacity for working; access to work, education, and healthcare are basic rights.

Driven by a sharp increase in claims for reparations, reparative justice has become a topic of academic debate. To some extent this debate has been marred by a failure to realize the complexity of reparative justice. In this essay we try to amend this shortcoming. We do this by developing a taxonomy of different kinds of wrongs that can underwrite claims to reparations. We identify four kinds of wrongs: entitlement violations, unjust exclusions from an otherwise acceptable system of entitlements, and two kinds where a social practice systematically fails to embody an acceptable system of entitlements. In deliberation about what is required to repair a historical injustice the weight of backward- and forward-looking considerations is a function of the distinctive features of the injustice in question. Hence, the first step in adjudicating claims for reparation is to identify what kind of wrong the claim arises from. From the taxonomy of wrongs we are thus able to construct what we call the Field of Reparative Justice, which illustrates how the structure of deliberation for reparative justice tracks the distinctive features of different kinds of wrongs.

Talbott grounds human rights in a moral epistemology that supports metaphysical immodesty but requires epistemic modesty. Metaphysical immodesty provides prescriptive confidence, while epistemic modesty prevents moral imperialism. I offer some reasons for doubting that Talbott’s moral epistemology yields the desired result. Insofar as Talbott aims for a determinate conception of human rights that could serve as the backbone of a system of international law, Talbott must deal with issues of reasonable disagreement, and for these issues, epistemic modesty provides no guarantee against moral imperialism. In particular, I outline two sources of reasonable disagreement, that no social world is without loss and the complexity of the concept of autonomy, which illustrate how Talbott’s prescriptive confidence borders on moral imperialism

In this essay I discuss a powerful challenge to high-liberalism: the challenge presented by neoclassical liberals that the high-liberal assumptions and values imply that the full range of economic liberties are basic rights. If the claim is true, then the high-liberal road from ideals of democracy and democratic citizenship to left-liberal institutions is blocked. Indeed, in that case the high-liberal is committed to an institutional scheme more along the lines of laissez-faire capitalism than property-owning democracy. To present and discuss this challenge, I let John Rawls represent the high-liberal argument that only a narrow range of economic liberties are basic rights and John Tomasi represent the neoclassical liberal argument that the full range of economic liberties are basic rights. I show that Rawls’s argument is inadequate, but also that Tomasi’s argument fails. I thus conclude that high-liberalism is in a precarious situation, but is not yet undone by the neoclassical liberal challenge

Libertarians often rely on arguments that subordinate the principle of liberty to the value of its economic consequences. This invites the question of what a pure libertarian theory of justice—one that takes liberty as its overriding concern—would look like. Grotius's political theory provides a template for such a libertarianism, but it also entails uncomfortable commitments that can be avoided only by compromising the principle of liberty. According to Grotius, each person should be free to decide how to act as long as her actions do not violate the equal liberty of others. According to this principle, however, people are free to enter any contract and alienate any rights, permitting even contracts of slavery or the alienation of rights of bodily integrity. Libertarians can escape this commitment to absolute freedom of contract only by adopting ad-hoc amendments to the principle of liberty.

In line with the tradition running from Ancients through Christian thought, Kant affirms the idea of moral freedom: that true freedom consists in moral self-determination. The idea of moral freedom raises the problem of moral freedom: if freedom is moral self-determination, it seems that the wicked are not free and therefore not responsible for their wrongdoings. In this essay I discuss Kant's solution to this problem. I argue that Kant distinguishes between four modalities of freedom as moral self-determination and that the problem of moral freedom disappears when these distinctions are brought to light.