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 OUP CORRECTED PROOF – FINAL, 03/02/16, SPi

OXFORD STUDIES IN POLITICAL PHILOSOPHY

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Oxford Studies in
Political
Philosophy
Volume 2

Edited by
D AV I D S O B E L, PE T E R VA L L E N T Y N E,
A N D S T EV E N WA L L

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3
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
© the several contributors 2016
The moral rights of the authors have been asserted
First Edition published in 2016
Impression: 1
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
rights organization. Enquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
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You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Published in the United States of America by Oxford University Press
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British Library Cataloguing in Publication Data
Data available
Library of Congress Control Number: 2015946693
ISBN 978–0–19–875962–1 (Hbk.)
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Printed in Great Britain by
Clays Ltd, St Ives plc
Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.

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Acknowledgments

This is the second volume of the Oxford Studies in Political Philosophy. The
chapters assembled here were first presented as papers at a workshop at the
University of Missouri, Columbia in September 2014. We would like to
thank all those who attended this event, with special thanks to Alex Howe,
who oversaw most of the organization. All of the chapters in this volume
were reviewed by referees, most of whom serve on the editorial board of
Oxford Studies in Political Philosophy (see <http://oxfordstudies.arizona.edu/
oxford-studies-political-philosophy>). We very much thank these referees
for their efforts in helping to make this second volume a success. Travel by
editor, Steven Wall, to the workshop at which the papers were presented was
made possible through the support of a grant from the John Templeton
Foundation. The opinions expressed in this publication are those of the
authors and do not necessarily reflect the views of the John Templeton
Foundation. Finally, we would like to express our gratitude to Peter
Momtchiloff for supporting this series and for his expert guidance.

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Contents

List of Contributors ix

Introduction 1
Peter Vallentyne

Part I: Ideal Theory

1 Just and Juster 9
David Estlund

Part II: The Moral Assessment of States

2 Political Rule and Its Discontents 35
Niko Kolodny
3 Consent and Political Legitimacy 71
Amanda Greene
4 The Value of Self-Determination 98
Anna Stilz
5 Domination and the Rule of Law 128
Assaf Sharon
6 Elitism 156
Richard Arneson
7 Is the Gendered Division of Labor a Problem of Distribution? 185
Gina Schouten

Part III: Issues in Social Relations

8 Terms of Trust 209
Daniel Attas

Index  235

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List of Contributors

Richard Arneson is Professor of Philosophy at the University of

California, San Diego.
Daniel Attas is Professor of Philosophy at the Hebrew University of
Jerusalem.
David Estlund is Lombardo Family Professor of the Humanities at Brown
University.
Amanda Greene is Lecturer in Philosophy at University College London.
Niko Kolodny is Professor of Philosophy at the University of California,
Berkeley.
Gina Schouten is Assistant Professor of Philosophy at Illinois State
University.
Assaf Sharon is Assistant Professor of Philosophy at Tel Aviv University.
Anna Stilz is Associate Professor of Politics at Princeton University.

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Introduction
Peter Vallentyne

Since its revival in the 1970s, political philosophy has been a vibrant field
in philosophy, one that intersects with political theory (in political
science), jurisprudence, normative economics, and just war theory. The
Oxford Studies in Political Philosophy series aims to publish some of the
best contemporary work in political philosophy and these closely related
subfields. The chapters in this volume have been grouped into three
topical areas: ideal theory, the moral assessment of states, and issues in
social relations.
Part I examines ideal theory, which is roughly normative (e.g. moral)
theory that addresses normative assessment under idealized conditions. For
simplicity, we focus on justice. Rawls (1999, 2001), for example, holds that
full justice is based on the idealizing assumptions that (1) individuals fully
comply with the normative demands (strict compliance), and (2) external
circumstances (e.g. material wealth, social relations) are favorable to securing/
realizing justice.1 An important question is how ideal justice is related to
practical justice, which makes assessments relative to people’s actual choice
dispositions and their actual social and material circumstances.
A related issue is that justice can be understood as deontic assessment
(what is permitted by justice) or as axiological assessment (e.g. what states
of affairs are at least as just as others). Practical deontic assessment evaluates
what is permitted by justice, relative to what is feasible in the actual choice
situation, whereas practical axiological assessment ranks states of affairs
relative to that choice situation. Ideal deontic assessment evaluates what is
permitted by justice relative to idealized choice situations, whereas ideal
axiological assessments rank states of affairs relative to the idealized choice
situations.

1
For insightful discussion of ideal theory, see Stemplowska and Swift (2012).

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2 Peter Vallentyne

Amartya Sen (2006, 2011) has argued that ideal justice, which he
implicitly understands as ideal deontic justice, is practically irrelevant. If
ideal deontic justice is feasible, then it will be the most just feasible option.
If it is not feasible, then it is not relevant for choice. Those seeking justice
need to know what the most just feasible options are, but they don’t need to
know what is ideally just. Moreover, we can add that ideal axiological justice
is also practically irrelevant, since it too does not take the current
circumstances (and history) into account.
In his chapter within Part I, entitled “Just and Juster,” David Estlund
argues against Sen that there is an important role for threshold (i.e.
deontic) concepts of justice which cannot be filled by the comparative
axiological relation of at-least-as-just. Even if comparative assessments of
justice are sufficient for making choices, the generation of adequate
comparative assessments, he argues, seems to require threshold (deontic)
assessments.
Part II of this volume addresses the moral assessment of states. This can
be understood in many ways. First, there is the object of assessment: the
basic constitution, particular laws, state practices, or particular state
actions. For simplicity, let us just refer to the state. Second, there are
different kinds of moral assessment (and here I’ll focus on deontic
assessment). One is whether a given state is morally permissible (ideally or
practically). A second is whether the state is just. Unfortunately, “justice”
is understood in different ways by different authors: moral permissibility,
interpersonal permissibility (which leaves out impersonal wrongs),
enforceable duties, fairness (a particular moral concern, typically desert-
based), etc. So the content of such claims always needs to be clarified. A
third kind of moral assessment is whether the state is legitimate in the
sense that others (member or outsiders) are not permitted to forcibly
interfere with the state’s actions (etc.). This may be because its actions are
permissible or just, or because they are not sufficiently impermissible or
unjust to justify forcible interference. Unfortunately, “legitimacy” is also
understood in different ways by different authors (e.g. as permissible or
just use of force to enforce directives). So, here too, clarification is always
needed when the term is used.
A fourth kind of moral assessment is whether the state has political
authority in the sense that it has a moral power, by issuing dictates, to create
at least pro tanto moral duties on the part of its members to comply with
those dictates. One can hold that a state is permissible and perfectly just
without holding that it has any political authority.
Related to all of the above is a state’s right to rule, which can be understood
as consisting of some combination of the above four assessments. The

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Introduction 3

strongest form of a right to rule is that the state is permissible, just,

legitimate, and has political authority. Obviously, weaker forms are possible.
In the chapter entitled “Political Rule and Its Discontents,” Niko
Kolodny briefly considers various potentially problematic features of the
state and then focuses on the imposition of deterrents for violations of state
directives. The most serious problem, he argues, is that such imposition
violates a deontological constraint on using force even to achieve a greater
good. He argues that there is no relevant moral difference, at least for
sufficiently democratic states, between imposing deterrents for the violation
of natural prohibitions (e.g. natural moral rights) and imposing deterrents
for the violation of state directives. Thus, if, as many believe, the former are
just, then so too are the latter. The crucial question, of course, is whether the
two are morally equivalent.
In her chapter, “Consent and Political Legitimacy,” Amanda Greene
addresses the topic of the legitimacy of a state in the sense of having
“the appropriate standing to exercise power over its subjects.” She argues
that both the contractualist view (based on hypothetical consent) and the
voluntarist view (based on actual consent) involve unacceptable idealizations.
She then develops and defends the sovereignty conception, according to
which a regime is legitimate insofar as it achieves actual quality consent
to rule. Quality consent obtains when a subject consents to her state on
the basis of a judgment of governance success, provided that the judgment
does not conflict with the government’s minimal aim, i.e. basic security
for all subjects. She argues that a state comes to be legitimate by governing
in such a way as to be widely recognized as doing so successfully by its
subjects.
Anna Stilz, in her chapter “The Value of Self-Determination,” develops
and defends an account of self-determination as necessary for full legitimacy
and for being a morally ideal state. She argues that the value of collective
self-determination is rooted in a fundamental interest in appropriately
seeing oneself as a coauthor of the institutions that govern one’s own life.
When citizens affirm their participation in a self-determining political
group, they can relate to demands imposed by their coercive institutions as
self-imposed, and not a problematic restriction of their political freedom.
She further argues that, for a subgroup to have a right to self-determination,
it must show (a) that their aims are consistent with basic justice, (b) that
they do not involve the unjustifiable coercion of others, and (c) that a
feasible institutional alternative is available that would secure greater
collective self-determination for them at reasonable cost.
In the chapter “Domination and the Rule of Law,” Assaf Sharon argues
that contemporary republicanism is mistaken in its claim that the rule of

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4 Peter Vallentyne

law is compatible with individual liberty (and non-domination), because it

is non-arbitrary. He considers three definitions of non-arbitrariness—in
terms of consent, interests, and control—and argues that the rule of law
does not satisfy any of them. Finally, he argues that the republican idea
of eliminating discretionary power is not always desirable or essential to
political freedom.
In Richard Arneson’s chapter, “Elitism,” he discusses political elitism,
understood as the claim that those who know the political truths needed for
correct (e.g. just) public policy choice, and they alone, are entitled to a share
of political rule. He also discusses a weaker form that allows that all have a
right to a share of political rule, but those with greater relevant knowledge
have a right to a greater share. He argues against several purported
justifications for elitism and argues that elitism might, under the right
conditions, be justified by appeal to a (perhaps limited) moral duty to
cooperate with others to promote the fulfillment of justice.
In the final chapter of Part II, “Is the Gendered Division of Labor a
Problem of Distribution?,” Gina Schouten addresses the legitimacy (roughly,
the permissibility of using collective political power or force) of political
interventions to change the gendered division of labor (e.g. of unpaid
housework and childcare). Interventions such as work time regulation,
subsidized dependent care provisions, and paid family leave initiatives are
promising approaches, but they appear to violate a basic liberal requirement
that exercises of political power be publicly defensible within the justificatory
community of reasonable citizens. This in turn requires that the intervention
must be neutral among the conceptions of the good that citizens may
reasonably embrace. Although Schouten believes that gender egalitarian
interventions can be so neutral and be legitimate, she argues against the
view that they can be neutrally justified as necessary means to remedy unjust
distributions.
Part III of this volume addresses issues with respect to social relations
that, on some views, are relevant to the justice, legitimacy, authority, or
moral attractiveness of a state. There is one chapter in this Part, and it
addresses the development of trust (which is necessary for social cooperation).
In “Terms of Trust,” Daniel Attas analyzes the concept of trust and ways
of promoting it or of undermining it. He argues that the promotion of
empathy, fairness, and reciprocity can be an effective way of promoting
trust. More generally, he argues that creating non-prudential (e.g. moral)
reasons to reciprocate trust is typically more effective than merely creating
prudential reasons (e.g. guarantees, incentives, and sanctions). Indeed, he
argues that the latter can undermine trust.

Dictionary: NOSD
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