Some people may think that libertarianism and meritocracy have much in common; that the libertarian's ideal world looks like the meritocrat's ideal world; and that the public policies guiding us to each are one and the same. This is wrong in all respects. In this essay I explain why. -/- After providing an overview of meritocratic justice, I argue that meritocracy is a more compelling theory of distributive justice than libertarianism. Meritocracy better protects the core value of personal responsibility; incorporates (...) efficiency-enhancing regulation which libertarianism cannot; provides more positive liberty; and solves salient, real-world debates about distributive justice. (shrink)

In der vorliegenden Arbeit wird eine normative Analyse und Verteidigung der Erbschaftssteuer unternommen. Zunächst wird eine egalitaristische Argumentation für die Steuer entfaltet. Aufgrund ihrer progressiven Struktur ist die Erbschaftssteuer ein geeignetes Instrument, um der wachsenden ökonomischen Ungleichheit entgegenzuwirken und letztlich verschiedene egalitäre Ideale (politische Gleichheit, Chancengleicheit etc.) zu befördern. Anschließend wird untersucht, wie aus normativer Perspektive zu beurteilen ist, dass der Erblasser bei Erhebung der Steuer nicht mehr lebt. Die restliche Arbeit besteht in einer Auseinandersetzung mit den wichtigsten Einwänden gegen (...) die Erbschaftssteuer. So wird oft behauptet, diese verletze die natürlichen Eigentumsrechte des Erblassers bzw. des Erben und sie ignoriere zudem die Verdienstansprüche des Erblassers. Schließlich sei die Steuer aus diversen "familien-basierten" Erwägungen abzulehnen. Nicht nur werden diese Einwände erfolgreich zurückgewiesen; ferner wird gezeigt, dass einige der, diesen Argumenten zugrundeliegenden, Prinzipien selbst zur Verteidigung einer egalitären Erbschaftssteuer (also einer Erbschaftssteuer, die aus egalitären Prinzipien folgt) herangezogen werden können. (shrink)

G. A. Cohen’s Rescuing Justice and Equality proposes that both concepts need rescuing from the work of John Rawls. Especially, it is concerned with Rawls’ famous second principle of justice according to which social primary goods should be distributed equally unless an unequal distribution is to the benefit of the worst off. The question is why this would ever be necessary if all parties are just. Cohen and I agree that Rawls cannot really justify inequalities on the basis given. But (...) he also thinks equality is the correct analysis of justice, though he provides no actual direct arguments for this. He does, however, provide a striking analytical argument claiming that fundamental principles of justice must be fact insensitive, and that Rawls’s view of justice violates this requirement. I argue that the requirement is itself misconceived and that principles of justice cannot possibly be fact insensitive in the sense developed by Cohen. Few philosophers share this view of Cohen’s—which I argue is due to several conceptual mistakes. With these ironed out, the contractarian view, broadly speaking, is seen to be plausible and powerful. Meanwhile Cohen appears to embrace intuitionism, a stance that cannot possibly be acceptable in social philosophy. In the end, Cohen is successful in arguing that Rawls cannot have what he wants, but neither is Cohen successful in claiming that justice is equality. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

This chapter presents David Foster Wallace's views about three positions regarding the good life—ironism, hedonism, and narrative theories. Ironism involves distancing oneself from everything one says or does, and putting on Wallace's so-called “mask of ennui.” Wallace said that the notion appeals to ironists because it insulates them from criticism. However, he reiterated that ironists can be criticized for failing to value anything. Hedonism states that a good life consists in pleasure. Wallace rejected such a notion, doubting that pleasure could (...) play a fundamental role in the good life. Lastly, narrative theories characterize the good life by fidelity to a unified narrative -- a systematic story about one's life, composed of a set of ends or principles according to which one lives. Wallace believed that these theories turn people into spectators, rather than the participants in their own lives. (shrink)

The scarcity of resources required to produce justice is manifested in the relation between the accuracy, depth, and scope of materially possible forms of justice. Ceteris paribus , increases in the accuracy of justice must come at the expense of its depth and scope, and vice versa, though they are not linearly proportioned. The accuracy of justice is the degree of agreement between the possible results of attempts to implement a theory or principles of justice and the desired result according (...) to that theory or those principles of justice. The scope of justice measures how broadly the principle or theory of justice is intended to apply. The depth of justice measures the gap between existing social norms and the theory or principles of justice we examine within the specified scope. This three-dimensional model explains public policies, laws, and regulations that increase the scope or depth of justice at the cost of a decrease in its accuracy – rough forms of justice such as measures of transitional justice, affirmative action, mandatory sentencing, simplified tax codes, collective guilt and victimhood, and general amnesties. The scarcity of resources necessary for justice can contract or expand. The normative choice between principles of justice that prefer accuracy and those that favor scope or depth usually corresponds, respectively, with rights-based deontological theories and consequentialist ethics. (shrink)

The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation of the principle (...) of fair play that emphasizes its similarities to another transactional principle: consent. This interpretation reveals that playing fair requires one to reciprocate specifically by following the rules of the cooperative scheme from which one benefits, just as consent requires one to act according to the terms of an agreement. I then draw on the comparison with consent to reply to some popular and persistent objections to the principle. (shrink)

: On the Aristotelian picture of virtue, moral virtue has at its core intellectual virtue. An interesting challenge for this orthodoxy is provided by the case of universal love and its associated virtues, such as the dispositions to exhibit grace, or to forgive, where appropriate. It is difficult to find a property in the object of such love, in virtue of which grace, for example, ought to be bestowed. Perhaps, then, love in general, including universal love, is not necessarily exhibited (...) for reasons. This is the view that, with the help of Heidegger's notion of a fundamental emotional attunement, I defend. The problem is to show how universal love, and its manifestation in the virtues of universal love, can then be seen as rational. Showing this is the task of the essay. (shrink)

Are inborn characteristics deserved or undeserved? Using Bertrand Russell's theory of descriptions and Peter Strawson's objection to this theory, I argue that this question does not make sense. In order to know whether a person deserves something she has, it is necessary to evaluate what she did before having it. But people did not exist before their birth, so they did not exist before having their inborn characteristics. Therefore, talking about people deserving their inborn characteristics does not make sense: these (...) characteristics are neither deserved nor undeserved. (shrink)

Species egalitarianism is the view that all living things have equal moral standing. To have moral standing is, at a minimum, to command respect, to be more than a mere thing. Is there reason to believe that all living things have moral standing in even this most minimal sense? If so—that is, if all living things command respect—is there reason to believe they all command equal respect?1 I explain why members of other species command our respect but also why they (...) do not command equal respect. The intuition that we should have respect for nature is one motive for embracing species egalitarianism, but we need not be species egalitarians to have respect for nature. This paper questions whether species egalitarianism is even compatible with respect for nature. (shrink)

While libertarians affirm personal responsibility as a central moral and political value, libertarian theorists write relatively little about the theory and practice of this value. Focusing on the work of F. A. Hayek and David Schmidtz, this article identifies the core of a libertarian approach to personal responsibility and demonstrates the ways in which this approach entails a radical revision of the ethics and American politics of personal responsibility. Then, I highlight several central implications of this analysis in the American (...) political and economic status quo. First, this analysis makes a mockery of so-called libertarian/conservative ‘fusionism’, such that libertarian personal responsibility cannot partner with meritocratic conservative thought to provide a plural grounding for rejecting progressive or redistributive economic policy. Next, preferred libertarian policies threaten the status, esteem and social bases of self-respect of citizens who are worse-off through little or no fault of their own. Finally, these policies undermine the ethics of personal responsibility that Americans from across the ideological spectrum value and many conservatives and libertarians celebrate. In the American status quo, those who value personal responsibility must reserve a central place for policies that mitigate opportunity and distributive inequalities. (shrink)

Developing and applying a framework for understanding the complexities of economic and legal considerations in two recent Supreme Court rulings was the focus of this research. Of especial concern was the protection of intellectual property in the pharmaceutical industry. Two cases from 2013 were selected: FTC v. Activis and Association for Molecular Pathology v. Myriad Genetics, Inc.. Part of the rationale for the selection was the importance of the Supreme Court rulings and the importance of the pharmaceutical sector. A qualitative (...) content analysis of the Court’s reported decision in each case was analyzed. Since ethical considerations may or may not be consistent with efficiency considerations of plaintiffs, defendants, or the courts, both efficiency and ethical arguments were included. Equally important to the understanding of the economic and ethical issues in the two above- mentioned cases was the development of a rationale for including and excluding a variety of ethical theories, ultimately influenced by Markkula Center For Applied Ethics Of Santa Clara University and Schumann :93–111, 2001). The refinement and use of a levels analysis approach portrays societal, organizational, and individual impacts, and allows for deeper understanding of litigated cases, irrespective of the country in which the litigation takes place :385–393, 2004; Foss et al., J Manag Stud 47:455–482, 2010). A rationale for this framework is the societal and organizational impacts on the myriad of stakeholders in the pharmaceutical sector. We suggest that this framework can be applied to other industries and other complex conflicts among stakeholders as well. (shrink)

G. A. Cohen's Rescuing Justice and Equality proposes that both concepts need rescuing from the work of John Rawls. Especially, it is concerned with Rawls' famous second principle of justice according to which social primary goods should be distributed equally unless an unequal distribution is to the benefit of the worst off. The question is why this would ever be necessary if all parties are just. Cohen and I agree that Rawls cannot really justify inequalities on the basis given. But (...) he also thinks equality is the correct analysis of justice, though he provides no actual direct arguments for this. He does, however, provide a striking analytical argument claiming that fundamental principles of justice must be fact insensitive, and that Rawls's view of justice violates this requirement. I argue that the requirement is itself misconceived and that principles of justice cannot possibly be fact insensitive in the sense developed by Cohen. Few philosophers share this view of Cohen's—which I argue is due to several conceptual mistakes. With these ironed out, the contractarian view, broadly speaking, is seen to be plausible and powerful. Meanwhile Cohen appears to embrace intuitionism, a stance that cannot possibly be acceptable in social philosophy. In the end, Cohen is successful in arguing that Rawls cannot have what he wants, but neither is Cohen successful in claiming that justice is equality. (shrink)

I argue that a theory of distributive justice is sensitive to desert if and only if it does not require an institutional scheme that prevents individuals from treating one another as they deserve, and requires a desert ethos. A desert ethos is a set of principles that, though not embodied in a society’s basic coercive structure, nevertheless governs interpersonal relations between citizens. These two necessary conditions are jointly sufficient for ‘giving desert its due’ in a theory of justice. I therefore (...) reject the received view that a desert-sensitive theory must endeavor to guarantee distributions patterned according to desert. (shrink)

“Resilience” is booming. No longer a mere metaphor or abstract reference to dispositional properties, the resilience of communities or social-ecological systems is increasingly grounded in specific first-order properties. Consequently, resilience now constitutes a contentful and achievable partial conception of a good society. Yet political philosophers have taken little notice. The current article first discerns within recent social-scientific literature a set of attainable and measurable first-order properties that constitute “community resilience” or “ecological resilience.” Then, specifying “resilience” as the resilience of high-HDI (...) democratic societies to environmental disasters, infrastructure failures, and economic collapse, the current article argues from within a liberal framework that both “classical” and “egalitarian” liberals must treat resilience so understood as a necessary condition of legitimacy and justice; and this conclusion forces an overhaul of these liber... (shrink)

Modern society makes extensive use of automated algorithmic decisions, fueled by advances in artificial intelligence. However, since these systems are not perfect, questions about fairness are increasingly investigated in the literature. In particular, many authors take a Rawlsian approach to algorithmic fairness. This article aims to identify some complications with this approach: Under which circumstances can Rawls’s original position reasonably be applied to algorithmic fairness decisions? First, it is argued that there are important differences between Rawls’s original position and a (...) parallel algorithmic fairness original position with respect to risk attitudes. Second, it is argued that the application of Rawls’s original position to algorithmic fairness faces a boundary problem in defining relevant stakeholders. Third, it is observed that the definition of the least advantaged, necessary for applying the difference principle, requires some attention in the context of algorithmic fairness. Finally, it is argued that appropriate deliberation in algorithmic fairness contexts often require more knowledge about probabilities than the Rawlsian original position allows. Provided that these complications are duly considered, the thought-experiment of the Rawlsian original position can be useful in algorithmic fairness decisions. (shrink)

In this essay, we focus on the moral justification of a highly controversial measure to redress medical brain drain: the duty to stay. We argue that the moral justification for this duty lies primarily in the fact that medical students impose high risks on their fellow citizens while receiving their medical training, which in turn gives them a reciprocity-based reason to temporarily prioritize the medical needs of their fellow citizens.

RÉSUMÉ: La notion de propriété de soi présuppose la définition des droits de propriété sur les ressources externes que le libertarisme de gauche limite habituellement aux ressources naturelles. Or, dans une économie spécialisée, la propriété de soi doitégalement être complétée par une définition des droits de propriété sur le surplus coopératif. S'il est cohérent, pour un libertarien de gauche, de considérer le surplus coopératif comme ressource externe et de le distribuer d'une manière égale, on doit en outre observer qu'une théorie (...) de la justice doit se prononcer sur les questions distributives dans plusieurs contextes. Articuler les différences entre ces contextes nous permet de préciser la relation que le libertarisme de gauche entretient avec d'autres théories de la justice.ABSTRACT: Any substantive notion of self-ownership presupposes well-defined property rights over external resources. Left-libertarians usually limit this category to natural resources. I argue that in a specialized economy, substantive self-ownership equally needs to be complemented by a definition of property rights to the cooperative surplus. The natural way for left-libertarianism to provide such a definition is to view the cooperative surplus as an external resource and to distribute it equally. The second part of the article makes the general point that a complete theory of justice needs to take a stance on distribution in various contexts. Articulating the differences between these contexts allows us to gain a better understanding of how left-libertarianism relates to other theories of justice. (shrink)

Two normative principles of toleration are offered, one individual-regarding, the other group-regarding. The first is John Stuart Mill’s harm principle; the other is “Principle T,” meant to be the harm principle writ large. It is argued that the state should tolerate autonomous sacrifices of autonomy, including instances where an individual rationally chooses to be enslaved, lobotomized, or killed. Consistent with that, it is argued that the state should tolerate internal restrictions within minority groups even where these prevent autonomy promotion of (...) members of the group. Finally, it is argued that toleration excludes external protections of minority groups. (shrink)

In this paper I criticize a growing movement within public policy circles that self-identifies as neoliberal. The issue I take up here is the sense in which the neoliberal label signals a turn away from libertarian political philosophy. The are many import ant figures in this movement, but my focus here will be on Will Wilkinson of the Niskanen Center, not least because he has most prolifically written against libertarian political philosophy. Neoliberals oppose the idea that the rights that libertarianism (...) claims people have are useful guides for making the world a freer place because they forestall too much governmental/democratic political action that they purport to be necessary for increasing freedom. Wilkinson mistakenly takes libertarianism to be a set of ideal public policies for achieving a perfectly free society. If it were, he would be right to turn away from it. But placing rights to freedom at the center of their theory of justice does not commit libertarians to an all-or-nothing approach to political change. Consequences and strategy matter – particularly in a non-ideal world – without abandoning the idea that each individual has a right to freedom. In mistaking libertarian moral claims as a set of policy prescriptions, Wilkinson complains that idealistic policy prescriptions not only fail to take account of how those who disagree will respond to such policies if implemented, but also thereby undermines the justice of those policies in the first instance. Wilkinson proposes that change in the direction of freedom must go through the proper channels of actually-existing democratic legitimacy. It as this stage that Wilkinson’s project comes into direct conflict with libertarianism. Whilst libertarianism is not committed to any particular method of creating a free society under non-ideal conditions, and therefore does not rule out democratic political activism as one among many means of doing that, it cannot be committed to the permanence of democratic political authority, and this is what Wilkinson’s neoliberalism demands above all else. It turns out that Foucault’s characterization of neoliberalism long ago is still accurate to Wilkinson’s own view: that neoliberalism is not about creating a society of free individuals, it is about designing the state apparatus in ways that are inspired by the workings of free society – it is about legitimizing the chains, not breaking them. Neoliberalism is not a pragmatic alternative to libertarianism, but rather a gross misapplication of it. (shrink)

The current debate on why colonialism is wrong overlooks what is arguably the most discernible aspect of this particular historical injustice: its exreme violence. Through a critical analysis of the recent contributions by Lea Ypi, Margaret Moore and Laura Valentini, this article argues that the violence inflicted on the victims and survivors of colonialism reveals far more about the nature of this historical injustice than generally assumed. It is the arbitrary nature of the power relations between colonizers and the colonized (...) which is at the heart of the injustice of colonization, and violence was the way arbitrariness and domination was cemented. The example of colonialism in the Caribbean during the 16th and 17th centuries is used to expose the full extent of this historical injustice. (shrink)

Many philosophers believe that luck egalitarianism captures “desert-like” intuitions about justice. Some even think that luck egalitariansm distributes goods in accordance with desert. In this paper, we argue that this is wrong. Desertism conflicts with luck egalitarianism in three important contexts, and, in these contexts, desertism renders the proper moral judgment. First, compared to desertism, luck egalitarianism is sometimes too stingy: it fails to justly compensate people for their socially valuable contributions—when those contributions arose from “option luck”. Second, luck egalitarianism (...) is sometimes too restrictive: it fails to justly compensate people who make a social contribution when that contribution arose from “brute luck”. Third, luck egalitarianism is too limited in scope: it cannot diagnose economic injustice arising independently of comparative levels of justice. The lesson of this paper is that luck egalitarians should consider supplementing their theory with desert considerations. Or, even better, consider desertism as a superior alternative to their theory. (shrink)

Ethics, Policy & Environment, Volume 14, Issue 2, Page 143-146, June 2011.

Standard accounts of reciprocal citizenship hold that citizens have a duty to participate in politics. Against this, several business ethicists and philosophers have recently argued that people can satisfy their obligations of civic reciprocity non-politically, by owning, managing, or working in for-profit businesses. In this article, I reject both the standard and the market accounts of reciprocal citizenship. Against the market view, I show that the ordinary work of profit maximization cannot take the place of traditional political activity. Yet contra (...) the standard political account, I show that a special class of the actions we perform in our work as employers and employees in for-profit companies can fulfill our obligations of reciprocity. Business ethicists must therefore develop a more nuanced account of the relationship between for-profit business endeavors and the debts we owe fellow citizens who undertake burdensome political work to our benefit. (shrink)

This paper argues that mandatory, government-enforced vaccination can be justified even within a libertarian political framework. If so, this implies that the case for mandatory vaccination is very strong indeed as it can be justified even within a framework that, at first glance, loads the philosophical dice against that conclusion. I argue that people who refuse vaccinations violate the ‘clean hands principle’, a moral principle that prohibits people from participating in the collective imposition of unjust harm or risk of harm. (...) In a libertarian framework, individuals may be forced to accept certain vaccines not because they have an enforceable duty to serve the common, and not because cost–benefit analysis recommends it, but because anti-vaxxers are wrongfully imposing undue harm upon others. (shrink)

Two generally recognized moral duties are to reciprocate benefits one has received from others and to compensate harms one has done to others. In this paper I want to show that it is not possible to give an adequate account of either duty – or at least one that corresponds to our actual practices – within a contractualist moral theory of the type developed by T. M. Scanlon (1982, 1998). This fact is interesting in its own right, as contractualism is (...) a leading contemporary contender among deontological moral theories, and the two duties I have mentioned are fairly standard ingredients of such theories. But it also serves to highlight a general problem with contractualism, at least in Scanlon’s version – namely its one-dimensional view of the keystone of any plausible deontological theory: the idea of respect for persons. (shrink)

Ultimately this book provides a theory of intergenerational justice that is both intellectually robust and practical with wide applicability to law and policy.