ABSTRACT

G. A. Cohen is well-known within contemporary political philosophy for his critique of economic incentives. This chapter argues that Cohen's attack on the basic structure restriction equivocates across his distinction between fundamental principles of justice, that is, principles that tell us what justice is, and regulatory principles of justice, that is, principles that tell us what is required of us, all things, including justice, considered. It aims to assess Cohen's attack on the basic structure restriction, especially his replies to the problem of demandingness. The chapter argues that it makes sense to include subjective welfare in the metric of fundamental justice and to balance considerations such as affection, self-interest, and loyalty against fundamental justice when applying it to the context of personal choice. It also argues that these moves become problematic when it is acknowledged that the issue being debated is whether the difference principle—a principle of regulatory justice—extends to personal choice.