Are inequalities of income created by the free market just? In this book Serena Olsaretti examines two main arguments that justify those inequalities: the first claims that they are just because they are deserved, and the second claims that they are just because they are what free individuals are entitled to. Both these arguments purport to show, in different ways, that giving responsible individuals their due requires that free market inequalities in incomes be allowed. Olsaretti argues, however, (...) that neither argument is successful, and shows that when we examine closely the principle of desert and the notions of liberty and choice invoked by defenders of the free market, it appears that a conception of justice that would accommodate these notions, far from supporting free market inequalities, calls for their elimination. Her book will be of interest to a wide range of readers in political philosophy, political theory and normative economics. (shrink)

Does justice require that individuals get what they deserve? Serena Olsaretti brings together new essays by leading moral and political philosophers examining the relation between desert and justice; they also illuminate the nature of distributive justice, and the relationship between desert and other values, such as equality and responsibility.

Contemporary egalitarian theories of justice constrain the demands of equality by responsibility, and do not view as unjust inequalities that are traceable to individuals' choices. This paper argues that, in order to make non-arbitrary determinate judgements of responsibility, any theory of justice needs a principle of stakes , that is, an account of what consequences choices should have. The paper also argues that the principles of stakes seemingly presupposed by egalitarians are implausible, and that adopting alternative principles of stakes amounts (...) to fleshing out the demands of responsibility rather than imposing limits on them. (shrink)

Distributive justice has come to the fore in political philosophy: how should we arrange our social and economic institutions so as to distribute benefits and burdens fairly? Thirty-two leading figures from philosophy and political theory present specially written critical assessments of the key issues in this flourishing area of research.

The compensatory desert argument is an argument that purports to justify inequalities in (some) incomes generated by a free labour market. It holds, first, that the principle of compensation is a principle of desert; second, that a distribution justified by a principle of desert is just; and third, that (some) rewards people reap on a free labour market are compensation for costs they incur. It concludes that therefore, a distribution of (some) rewards generated by a free labour market is just. (...) In this chapter I criticise the first two premises of this argument. I argue that the principle of compensation is not a principle of desert (sections 3 and 4), and that a distribution of deserved compensatory payments may be unjust (sections 5 and 6). Before developing my critique of the compensatory desert argument, I start by illustrating further that argument in the version of it which has been defended by Julian Lamont (section 1), and to dispel two objections that have been moved against the view that compensation is a principle of desert. (shrink)

Egalitarian theories assume, without defending it, the view that the costs of children should be shared between non-parents and parents. This standard position is called into question by the Parental Provision view. Drawing on the familiar idea that people should be held responsible for the consequences of their choices, the Parental Provision view holds that under certain conditions egalitarian justice requires parents to pay for the full costs of their children, as it would be unfair for non-parents to bear the (...) negative externalities of others’ choices to have children. This article examines closely the Parental Provision view and argues that various possible justifications for it are unsuccessful. In so doing, it brings to light respects in which the choice to have and rear children is special and may not be treated as being on a par with other choices for which we think people should be held responsible. (shrink)

A central question for assessing the merits of Amartya Sen's capability approach as a potential answer to the “distribution of what”? question concerns the exact role and nature of freedom in that approach. Sen holds that a person's capability identifies that person's effective freedom to achieve valuable states of beings and doings, or functionings, and that freedom so understood, rather than achieved functionings themselves, is the primary evaluative space. Sen's emphasis on freedom has been criticised by G. A. Cohen, according (...) to whom the capability approach either uses too expansive a definition of freedom or rests on an implausibly active, indeed “athletic,” view of well-being. This paper defends the capability approach from this criticism. It argues that we can view the capability approach to be underpinned by an account of well-being which takes the endorsement of valuable functionings as constitutive of well-being, and by a particular view of the way in which endorsement relates to force and choice. Footnotes1 I would like to thank Paul Bou-Habib, Ian Carter, Matthew Kramer, Ingrid Robeyns, Peter Vallentyne, and two Economics and Philosophy referees for very helpful comments on earlier drafts of this paper. I am also grateful to the participants of the Edinburgh ECPR Workshop, the Hoover Chair Seminar in Louvain-La-Neuve, the King's College Moral Philosophy Group in Cambridge, the Nuffield Political Theory Workshop in Oxford, and the session on the Capability Approach at the Philadelphia APSA Annual Conference. (shrink)

One of the central motifs of G. A. Cohen's work was his opposition to capitalism in the name of justice. This motif was fully in view in Cohen's work on Robert Nozick's libertarianism: Cohen carefully reconstructed and relentlessly criticized Nozick's apologetics of the free market, which, he thought, was internally coherent but unconvincing. This article suggests that Cohen's opposition to libertarianism did not, however, go far enough, and identifies two respects in which Cohen's position could and should have been more (...) critical of that philosophy. (shrink)

In this paper we ask whether liberal egalitarians can endorse workfare policies that require that welfare recipients should work in return for their welfare benefits. In particular, we focus on the fairness-based case for workfare, which holds that people should be responsible for their own welfare since they would otherwise impose unfair costs on others. Two versions of the fairness-based case are considered: The first defends workfare on the grounds that it would form part of an unemployment insurance scheme that (...) individuals would endorse under certain hypothetical conditions that are salient for the purposes of determining just public policy. The second appeals to the notion of reciprocity in order to justify the requirement that people work for their benefits. We cast doubt on both of these arguments for workfare. Neither argument shows that the unconditional provision of welfare benefits is unjust; hence, the fairness case for workfare is inconclusive. (shrink)

This paper is part of a book symposium on Fred Feldman's, *Pleasure and the Good Life*. I argue that Feldman’s defence of hedonism, although successful on its own terms, is of less significance than it may seem at first, for two main reasons. First, Feldman’s defence of the claim that attitudinal pleasures are the chief good is either implausible or crucially incomplete. Second, Feldman’s claim that hedonists can overcome the objections levelled against them while remaining pure hedonists is only partially (...) true. (shrink)

Preferences are often thought to be relevant for well-being: respecting preferences, or satisfying them, contributes in some way to making people's lives go well for them. A crucial assumption that accompanies this conviction is that there is a normative standard that allows us to discriminate between preferences that do, and those that do not, contribute to well-being. The papers collected in this volume, written by moral philosophers and philosophers of economics, explore a number of central issues concerning the formulation of (...) such a normative standard. They examine what a defensible account of how preferences should be formed for them to contribute to well-being should look like; whether preferences are subject to requirements of rationality and what reasons we have to prefer certain things over others; and what the significance is, if any, of preferences that are arational or not conducive to well-being. (shrink)

In a number of debates in contemporary moral and political philosophy and philosophy of economics, philosophers hold the conviction that preferences have normative significance. A central assumption that underlies this conviction is that a cogent account of preference-formation can be developed. This is particularly evident in debates about well-being. Those who defend subjective accounts of well-being, on which a person’s life goes better for her to the extent that her preferences are satisfied, often qualify that account so that it does (...) not include malformed or adaptive preferences (that is, preferences formed in non-autonomous ways, or humble preferences tailored to stifling circumstances), the satisfaction of which does not seem to contribute to well-being. This assumes that there is a normative standard of preference-formation with which to identify those preference that are malformed or adaptive in the relevant sense. An account of preference-formation is also important for philosophers who uphold an objective theory of well-being, on which well-being consists of the pursuit of objectively valuable goals, but who also believe in the value of freedom and thus emphasise the importance of respecting individuals’ choices among various goals. For they, too, in extolling the importance of respect for choices, assume that these choices are not distorted by inauthentically formed preferences, and thus also need an account of preference-formation to help distinguish those cases in which we ought to respect people’s choices from those in which we do not. In the vast literature on preferences, however, relatively little attention has been devoted to the. (shrink)

Philosophy &Public Affairs, Volume 50, Issue 4, Page 413-429, Fall 2022.

Preferences are often thought to be relevant for well-being: respecting preferences, or satisfying them, contributes in some way to making people's lives go well for them. A crucial assumption that accompanies this conviction is that there is a normative standard that allows us to discriminate between preferences that do, and those that do not, contribute to well-being. The papers collected in this volume, written by moral philosophers and philosophers of economics, explore a number of central issues concerning the formulation of (...) such a normative standard. They examine what a defensible account of how preferences should be formed for them to contribute to well-being should look like; whether preferences are subject to requirements of rationality and what reasons we have to prefer certain things over others; and what the significance is, if any, of preferences that are arational or not conducive to well-being. (shrink)

This paper examines Thomas Scanlon’s Value of Choice account of substantive responsibility, on which the fact that choice has value accounts both for why people should be provided with certain opportunities and for why it may be permissible, in those cases, to let people bear certain opportunity-accompanying burdens. Scanlon contrasts his view with the familiar one according to which it is permissible to require people to bear certain burdens if and only if they have actively chosen those burdens, because of (...) the legitimating force of choice. The paper argues that Scanlon’s account, in its most distinctive version, is at best incomplete and can only justify claims about responsibility for a restricted class of burdens. It then goes on to suggest that, when Scanlon’s account is supplemented so as to be able to generate judgments of responsibility about a wider range of burdens, it is no longer clear that there is a difference between the Value of Choice account and a plausible version of the Forfeiture View. (shrink)

One of the most distinctive features of Ronald Dworkin’s egalitarian theory is its commitment to holding individuals responsible for the costs to others of their ambitions. This commitment has received much criticism. Drawing on Dworkin’s latest statement of his position in Justice for Hedgehogs, we suggest that it seems to be in tension with another crucial element of Dworkin’s own theory, namely, its endorsement of the importance of people leading authentic lives – lives that reflect their own values. We examine (...) this tension between responsibility and authenticity, and some strategies Dworkin does and could deploy to defuse it, which we think are unsuccessful. We then propose a solution for reconciling the demands of responsibility and authenticity, which is, so we claim, friendly to Dworkin’s fundamental commitments but which leads to a revisionist interpretation of the demands of equality of resources. (shrink)

The paper examines how the value of choice account is supposed to explain the significance of choice in the justification of moral principles and social institutions and policies, responding to some questions and objections raised by Serena Olsaretti.

Serena Olsaretti argues that desert cannot serve as a plausible principle of stakes for luck egalitarianism. In this discussion note, we defend the claim that she is too pessimistic about this by introducing a simple, but plausible, desert-based account of stakes that is immune to her argument.

Libertarians are defenders of the free market. On their view, only the free market is compatible with the freedom of each individual to lead her own life according to her own choices. In a book and a series of articles, Serena Olsaretti argues that libertarians are wrong to believe that their commitment to individual freedom justifies the free market. According to her, libertarians rely on a problematic account of voluntary action. As part of her argument, Olsaretti develops (...) her own account of voluntary action. I offer two criticisms of Olsaretti’s argument. First, I argue that accepting her account of voluntary action does not compel libertarians to alter their position in the way that she claims. Second, I argue that her account of voluntary action has unwelcome implications by her own lights. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper offers some commentaries on papers drawn from the Journal’s third decade. They indicate a major shift within Artificial Intelligence, both generally and in AI and Law: away from symbolic techniques to those based on Machine Learning approaches, especially those based on Natural Language texts rather than feature sets. Eight papers are discussed: two concern the management and use of documents available on the World Wide Web, (...) and six apply machine learning techniques to a variety of legal applications. (shrink)

The method of philosophy. Introduction to part I -- Thought experiments -- Reflective equilibrium -- What is philosophy? Introduction to Part II and Part III -- The nature of the philosophical enterprise -- The nature of intuitive judgements -- Experimental philosophy. Empirical inquiries versus armchair investigations -- Against experimental philosophy.