This article explores the implications of non-ideal theorising for the problem of evil. The critique of ideal theory – which has gained increased attention in several philosophical sub-disciplines during recent years – states that analytic philosophers tend to rely on overly idealised conditions, to the point of being completely unrealistic, in their theorising. To investigate if this charge holds merit in the philosophy of religion, I apply a non-ideal methodology to one traditional area of philosophy of religion – the problem of evil. Here, Richard Swinburne’s theodicy constitutes a sample of how the problem of evil is typically approached in mainstream philosophy of religion. Additionally, Swinburne’s Principle of Credulity will, in relation to his theodicy, be interrogated as well. Applying non-ideal theorising, I find that Swinburne’s theorisation relies on idealised cases and presupposes ideal conditions, while overlooking non-ideal realities. Turning to epistemic injustice and epistemology of ignorance, I find that Swinburne assumes ideal epistemological conditions in both inter-agent communication (testimony), and in collective cognition. After examining the implications of such idealisations, I find that Swinburne’s idealisations abstract away non-ideal factors which are relevant for his theories, concluding that Swinburne displays tendencies typical of ideal theorising.

The standard attribution of ought implies can rules out the possibility of Kantianism permitting the existence of moral dilemmas. Against this, I argue that Kantianism both can and should permit the existence of moral dilemmas. This new take on moral dilemmas should be of particular urgency to those hoping to radicalize Kant, I argue, because the work of oppression theorists shows that moral dilemmas are particularly likely to strike those who are already most vulnerable. The insights of oppression theory also suggest that the heretofore overlooked social and political implications of moral dilemmas are just as philosophically significant as the metaethical and ethical implications.

When a constitutional court faces opposition from other branches of government or significant segments of the public, should it always hold fast to what it considers constitutionally right, even where this would potentially harm its status and perceived legitimacy? Or are constitutional compromises sometimes justified? Such ‘institutionally hard’ cases – those characterised by a sharp tension between constitutional principle and institutional prudence – pose a true dilemma for constitutionalism. This article advances a realistic, yet principled, liberal-constitutional approach to this dilemma, put forth in the vein of Rawlsian non-ideal theory. It addresses a troubling gap between, on the one hand, the idealising discourse of constitutional theory – which overlooks or downplays the actual social and political pressures that courts must confront – and, on the other, a growing political science literature which, in the name of ‘realism’, views judges solely as strategic actors, leaving no role for principled reasoning. What has stepped into the gap in normative theory is a vague notion of ‘judicial statesmanship’, which praises or criticises judges post hoc, on an intuitive basis, without any tangible prescriptive bite. Developing evaluative and prescriptive guidelines for institutionally-hard cases, a non-ideal theory of constitutional adjudication should construct principles that both reinforce the commitment to ideal constitutional principle, and properly situate constitutional courts within the real – contingent and often very non-ideal – social and political contexts in which they operate.

This article makes a positive case for an ethnographic sensibility in political theory. Drawing on published ethnographies and original fieldwork, it argues that an ethnographic sensibility can contribute to normative reflection in five distinct ways. It can help uncover the nature of situated normative demands (epistemic argument); diagnose obstacles encountered when responding to these demands (diagnostic argument); evaluate practices and institutions against a given set of values (evaluative argument); probe, question and refine our understanding of values (valuational argument); and uncover underlying social ontologies (ontological argument). The contribution of ethnography to normative theory is distinguished from that of other forms of empirical research, and the dangers of perspectival absorption, bias and particularism are addressed.

The article considers implications of contested multilateralism for the processes and normative standards of global constitutionalism. The focus is primarily on aspects of CM regarded as a mode of constitutional change, considering what to make of such a form of ‘extra-constitutional’ procedure. Research challenges for political science, law and normative political theory are identified. Challenges by CM to the stability of international law are argued to be overdrawn. Of greater concern is that CM lends itself to piecemeal adjustments rather than reforms with an eye to the systemic effects. However, these worries must be tempered by the non-ideal nature of the present legal structure which should make us wary of imposing normative standards drawn from settings where institutions are fully just and generally complied with.

In this article I inquire into Confucian ethics from a non-ideal stance investigating the complex interaction between Confucian ideals and the reality of the modern workplace. I contend that even Confucian workers who regularly engage in social rites at the workplace have an internal, Confucian reason to appreciate the value of rights at the workplace. I explain, from a Confucian non-ideal perspective, why I disagree with the presumptuous idea that labor (or workplace) rights are necessarily incompatible with Confucian ideals and values. Specifically, I argue that if managers were “sages,” the highest moral exemplars and authorities in the Confucian tradition, they would perceive that social rituals alone are often not a contextually intelligent and valued response for the development of intimate communities in the modern workplace. The sage perspective will lead Confucian managers to realize, from their own moral perspective, that they have good reason to balance rites with rights, so long as the adoption is extrinsically valuable and consistent with the Confucian ideal. This article contributes to the debates about Confucianism's compatibility with rights, helps Western human rights scholars better contextualize their arguments in Confucianism-influenced cultures, and contributes to the development of a Confucian or Chinese approach to business ethics.