We began our exploration by looking at Kant’s hypothetical publicity test. We asked ourselves whether there were good reasons to believe that hypothetical publicity should be considered a sound requirement to test maxims of action. We also wondered whether hypothetical publicity entailed significant restrictions from the point of view of actual publicity. The answer appears to be rather negative in both cases. This is because, first, there does not seem to be any intrinsic relationship between self-frustratingness and justice. To put things in another way, the less the effect of publicity is contingent, the more we can doubt about its validity as a test of justice. And second, if no criterion is provided as to the level of generality at which the Kantian test should operate, we run both risks of under- and over-exclusiveness. Which maxims of action should be deemed unjust is therefore left rather undefined by the test in most cases.