The natural duty of justice in non-ideal circumstances: on the moral demands of institution-building and reform

Valentini, L. (2021). The natural duty of justice in non-ideal circumstances: on the moral demands of institution-building and reform. European Journal of Political Theory, 20(1), 45 - 66. https://doi.org/10.1177/1474885117742094
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Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not exist in the first place? Many answer by invoking Rawls’s natural duty “to further just arrangements not yet established,” treating it as a “normative bridge” between institutional demands of distributive justice and individual responsibilities in non-ideal circumstances. I argue that this response strategy is unsuccessful. I show that the more unjust the status quo is due to non-compliance, the less demanding the natural duty of justice becomes. I conclude that, in non-ideal circumstances, the bulk of the normative work is done by another natural duty: that of beneficence. This conclusion has significant implications for how we conceptualize our political responsibilities in non-ideal circumstances, and cautions us against the tendency—common in contemporary political theory—to answer all high-stakes normative questions under the rubric of justice.

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