scholarly journals Using the Veil of Ignorance to Ensure Distributive Justice in Class Actions: A Rawlsian Approach to 'Adequacy of Representation' after Stephenson

2005 ◽  
Author(s):  
David A. Dana
2008 ◽  
Vol 70 (3) ◽  
pp. 442-472 ◽  
Author(s):  
Lea Ypi

AbstractThis article assesses the recent use of contractarian strategies for the justification of cosmopolitan distributive principles. It deals in particular with the cosmopolitan critique of political membership and tries to reject the claim that political communities are arbitrary for the scope of global justice. By focusing on the circumstances of justice, the nature of the parties, the veil of ignorance, and the sense of justice, the article tries to show that the cosmopolitan critique of political membership modifies the contractarian premises in a way that is both unwarranted and unnecessary. While failing to establish principles of global distributive justice, existing cosmopolitan adaptations of the social contract device simply weaken the method's justificatory potential.


2020 ◽  
Vol 42 (1) ◽  
pp. 107-136
Author(s):  
Marco Faillo ◽  
Laura Marcon ◽  
Pedro Francés-Gómez

AbstractLorenzo Sacconi and his coauthors have put forward the hypothesis that impartial agreements on distributive rules may generate a conditional preference for conformity. The observable effect of this preference would be compliance with fair distributive rules chosen behind a veil of ignorance, even in the absence of external coercion. This paper uses a Dictator Game with production and taking option to compare two ways in which the device of the veil of ignorance may be thought to generate a motivation for, and compliance with a fair distributive rule: individually-as a thought experiment that should work as a moral cue- and collectively-as an actual process of agreement among subjects. The main result is that actual agreement proves to be necessary for agents to be led towards a fair distributive principle and to generate a significant amount of compliance in absence of external authority. This conclusion vindicates the role of actual agreements in generating motivational power in correspondence with fair distributive rules.


2021 ◽  
pp. 136843102098541
Author(s):  
Krzysztof Kędziora

The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception of justice. Habermas argues that Rawls not only incorrectly operationalizes the moral point of view from which we discern what is just but also fails to capture the specificity of democracy which is given by internal relations between politics and law. This deprives Rawls’s political philosophy of the conceptual tools needed to articulate the normative foundation of democracy.


2021 ◽  
Vol 11 (5) ◽  
pp. 66
Author(s):  
Rose Martin ◽  
Petko Kusev ◽  
Joseph Teal ◽  
Victoria Baranova ◽  
Bruce Rigal

Making morally sensitive decisions and evaluations pervade many human everyday activities. Philosophers, economists, psychologists and behavioural scientists researching such decision-making typically explore the principles, processes and predictors that constitute human moral decision-making. Crucially, very little research has explored the theoretical and methodological development (supported by empirical evidence) of utilitarian theories of moral decision-making. Accordingly, in this critical review article, we invite the reader on a moral journey from Jeremy Bentham’s utilitarianism to the veil of ignorance reasoning, via a recent theoretical proposal emphasising utilitarian moral behaviour—perspective-taking accessibility (PT accessibility). PT accessibility research revealed that providing participants with access to all situational perspectives in moral scenarios, eliminates (previously reported in the literature) inconsistency between their moral judgements and choices. Moreover, in contrast to any previous theoretical and methodological accounts, moral scenarios/tasks with full PT accessibility provide the participants with unbiased even odds (neither risk averse nor risk seeking) and impartiality. We conclude that the proposed by Martin et al. PT Accessibility (a new type of veil of ignorance with even odds that do not trigger self-interest, risk related preferences or decision biases) is necessary in order to measure humans’ prosocial utilitarian behaviour and promote its societal benefits.


Author(s):  
Biung-Ghi Ju ◽  
Juan D. Moreno-Ternero
Keyword(s):  

2018 ◽  
Vol 13 (4) ◽  
pp. 263-272
Author(s):  
Mark Lim ◽  
Sok Yee See Tho ◽  
Sandy Widjaja ◽  
Gabriel Ong
Keyword(s):  

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