Ben Laurence

In non-ideal theory, the political philosopher seeks to identify an injustice, synthesize social scientific work to diagnose its underlying causes, and propose morally permissible and potentially efficacious remedies. This paper explores the role in non-ideal theory of the identification of a plausible agent of change who might bring about the proposed remedies. I argue that the question of the agent of change is connected with the other core tasks of diagnosing injustice and proposing practical remedies. In this connection, I criticize two linked postures that nonideal theorists sometimes adopt: a technocratic mode of neutral policy recommendation, whereby philosophers say what “we” must do to address some problem, without attending to the way agency enters the problem and its possible resolution; and the tendency to treat non-ideal theory as primarily consisting int eh enumeration of duties we are failing to fulfill, and specification of who is under what additional duties in light of this shortfall. My argument is that these tendencies fail to register in a coherent way the practical character of political philosophy.

John Rawls divides this theory into two parts that he calls ideal and nonideal theory. In this essay I argue that Rawls runs together two quite different conceptions of this dyad corresponding to the idea of strict compliance and realistic utopia respectively. These conceptions employ different criteria of classification, are motivated by different concerns, and have different practical upshots. I present a view that combines the two coherently on Rawls’ behalf while remaining true to his intentions. But I argue that even this amended view is unsatisfactory. Although the realistic utopia conception is well motivated, strict compliance is problematic. The upshot is that we can embrace the division of the theory of justice into ideal and nonideal theory, while rejecting the strict compliance understanding of ideal theory.

For Kant right and ethics are two formally distinct departments of a single morality of reason and freedom. Unlike ethics, right involves an authorization to coerce, and this coercion serves as a pathological incentive. I argue that for Kant the distinctive character of right flows from the fact that juridical obligation has a different relational structure than ethical obligation. I argue that this relational structure explains the connection of right to coercion, and also explains how a categorical imperative can be known a priori to issue in both a pathological and non-pathological incentive. Thus the justification of coercion and its special role as incentive are rooted in the relational character of juridical obligations, and so ultimately in categorical imperatives of reason. Since this pathological incentive has a moral basis in the structure of juridical obligations, and so ultimately in a representation of moral laws, I argue that Kant’s discussion of the juridical incentive of coercion is more continuous with his main discussion of moral incentives in the Critique of Practical Reason than it might at first appear. I illustrate the consequences of this reading by discussing the propensity to injustice, as Kant understands it, and the unique way in which the juridical incentive undermines it.

This paper explores ethical issues raised by quadratic voting. We compare quadratic voting to majority voting from two ethical perspectives: the perspective of utilitarianism and that of democratic theory. From a utilitarian standpoint, the comparison is ambiguous: if voter preferences are independent of wealth, then quadratic voting out- performs majority voting, but if voter preferences are polarized by wealth, then majority voting may be superior. From the standpoint of democratic theory, we argue that assess- ments in terms of efficiency are too narrow. Voting institutions and political institutions more generally face a legitimacy requirement. We argue that in the presence of inequalities of wealth, any vote buying mechanism, including quadratic voting, will have a difficult time meeting this requirement.

Elizabeth Anscombe develops a non-psychologistic account of intentional individual action. According to her, action is intentional when it is subject to a special sense of the question “Why?”, the answer to which displays certain forms of explanation that are available to the agent. In this paper, I present an Anscombean account of collective action. On this account, an action is collective if it is subject to a certain sense of the question why, and displays a form different from, but related to, that of individual action. In particular, agents act together on my account if and only if their actions can all be straightforwardly instrumentally rationalized by the same action. Since an Anscombean account is non-psychologistic in that it does not presuppose that actions are intentional in virtue of being caused by a mental state, my account dissolves most worries about group minds. If I am right, such concerns arise from a bad picture of individual action that poses special problems when carried over to the collective case.

In this paper, I explore Kant’s discussion of juridical and ethical laws in the introduction to the Metaphysics of Morals as a whole. Following Marcus Willaschek and early Allen Wood, I pose a dilemma for Kant that I call “the paradox of juridical imperatives”, a dilemma that Willaschek and Wood hold Kant can only avoid by giving up his claim that juridical laws are categorical imperatives. I show how a set of interpretative issues concerning juridical incentives, the content of juridical laws, and the idea of an “indirect” ethical obligations, hang together, and must solved simultaneously in order to address the paradox. I argue, contra Willaschek and Wood, that we can dissolve the paradox, solving the network of issues satisfactorily and affirming the status of juridical laws as categorical imperatives, once we recognize that one can go wrong with respect to a principle while fulfilling the letter of its requirements. The picture that emerges is one on which we can straightforwardly affirm Recht as a moral concept for Kant, while simultaneously representing its distinctive character in his system of morality.