John Thrasher

The Ethics of Legislative Vote Trading

It is argued in this article that legislative vote trading by representatives is both ethically permissible and may be ethically required in many cases. This conclusion is an implication of a thin, general account of representation that requires representatives to vote on the basis of the perceived preferences or interests of their constituents. These special duties arise from a thin account of representation and create a weak, defeasible duty for representatives to engage in what they believe will be beneficial vote trades. After establishing this claim, the article considers two objections to this duty. One is based on equating legislative vote trading with corruption, and the other argues that logrolling iolates the ‘duty of civility’. Neither objection undermines the main claim that there is a weak duty to engage in logrolling. Nevertheless, the implications of this duty may be troubling for other reasons.

When Justice Demands Inequality

In Rescuing Justice and Equality G.A. Cohen argues that justice requires an uncompromising commitment to equality. Cohen also argues, however, that justice must be sensitive to other values, including a robust commitment to individual freedom and to the welfare of the community. We ask whether a commitment to these other values means that, despite Cohen’s commitment to equality, his view requires that we make room for inequality in the name of justice? We argue that even on Cohen’s version of egalitarianism equality, freedom, and welfare are not always compatible. Justice will require trade-offs between these values. Sometimes, equality will need to be sacrificed. This is a surprising result and to show it, we use two informal impossibility proofs drawn from examples in Rescuing Justice and Equality.

Constructivism, representation, and stability: path-dependence in public reason theories of justice

Public reason theories are characterized by three conditions: constructivism, representation, and stability. Constructivism holds that justification does not rely on any antecedent moral or political values outside of the procedure of agreement. Representation holds that the reasons for the choice in the model must be rationally explicable to real agents outside the model. Stability holds that the principles chosen in the procedure should be stable upon reflection, especially in the face of diversity in a pluralistic society. Choice procedures that involve at least two-stages with different information, as Rawls’s theory does, will be path-dependent and not meet the condition of representation since it will not be globally coherent. Attempts to solve this problem without eliminating the segmentation of choice in the procedure will run afoul of constructivism or stability. This problem is instructive because it highlights how public reason theories must evolve in the face of increased concerns about diversity.

Peer punishment promotes enforcement of bad social norms

Social norms are an important element in explaining how humans achieve very high levels of cooperative activity. It is widely observed that, when norms can be enforced by peer punishment, groups are able to resolve social dilemmas in prosocial, cooperative ways. Here we show that punishment can also encourage participation in destructive behaviours that are harmful to group welfare, and that this phenomenon is mediated by a social norm. In a variation of a public goods game, in which the return to investment is negative for both group and individual, we find that the opportunity to punish led to higher levels of contribution, thereby harming collective payoffs. A second experiment confirmed that, independently of whether punishment is available, a majority of subjects regard the efficient behaviour of non-contribution as socially inappropriate. The results show that simply providing a punishment opportunity does not guarantee that punishment will be used for socially beneficial ends, because the social norms that influence punishment behaviour may themselves be destructive.Punishment by peers can enforce social norms, such as contributing to a public good. Here, Abbink and colleagues show that individuals will enforce norms even when contributions reduce the net benefit of the group, resulting in the maintenance of wasteful contributions.