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- Norman Daniels (1985). Fair Equality of Opportunity and Decent Minimums: A Reply to Buchanan. Philosophy and Public Affairs 14 (1):106-110.
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In From Chance to Choice, Allen Buchanan, Dan Brock, Norman Daniels and Daniel Wikler propose a new way of defending the moral significance of the distinction between genetic treatments and enhancements. They develop what they call a ‘normal function model’ of equality of opportunity and argue that it offers a ‘limited’ defence of this distinction. In this article, I critically assess their model and the support it (allegedly) provides for the treatment-enhancement distinction. First, I argue that there is a troubling tension in the normal function model. Secondly, I argue that neither of the rationales invoked by Buchanan et al. really serves to justify this model or the results they seek to derive from it with respect to the significance of the distinction between treatments and enhancements.
This paper deals with the policy of affirmative action as an additional means for achieving equality of opportunity in society. It assumes that in modem society-at least in principle-the superior positions are distributed according to merit, and on the basis of fair competition. I argue that formal equality of opportunity injects apparently neutral requirements, such as experience, into the selection procedure for top positions, that, in fact, act particularly against women, since they allow the past employment situation to affect the new selection. I use a statistical argument to show that without preferential treatment towards women, they will not overcome structural obstacles that prevent them from getting top positions. I also use the same argument to show that affirmative action at present contributes to equality of opportunity in the future.
According to John Rawls, "Justice is the first virtue of social institutions."1 Like Gaul, justice is tripartite. Rawls affirms an Equal Liberty Principle that guarantees equal basic or constitutional liberties for all citizens and a Difference Principle that requires inequalities in the distribution of certain social and economic benefits, the primary social goods, to be set so that the long-term holdings of primary social goods are maximized for the citizens whose holdings are least. Sandwiched between these two principles is a Fair Equality of Opportunity Principle, which has stimulated much less commentary.2 Yet this Principle is plausible, controversial, and has radical implications for the design of social policy and legislation in modern democracies. This essay assesses Fair Equality of Opportunity and offers reasons for rejecting it.
There is a puzzling disconnect between recent philosophical literature on equality and the modern theory and practice of human rights. This disconnect is puzzling because the modern human rights movement is arguably the most salient and powerful manifestation of the commitment to equality in our time. One likely source of this disconnect is the tendency of contributors to the philosophical literature on equality to focus on justice within the state, considered in isolation. This article begins the task of connection. Section II outlines a philosophical conception of human rights, the Modest Objectivist View, according to which the list of human rights is grounded in descriptive and normative egalitarian assumptions about what is required to help ensure that every individual has the opportunity for a minimally good or decent human life. Next, I explore the resources of the Modest Objectivist View for rationally reconstructing the conventional conception of human rights. Section III examines challenges to the Modest Objectivist Views egalitarian assumptions. Section IV explores the question of whether the minimal egalitarianism of the Modest Objectivist View is compatible with the more robust egalitarianisms advanced in recent philosophical literature. I conclude that the minimalist egalitarianism of human rights is compatible with more robust egalitarian principles, once we understand the distinctive function of human rights as standards of transnational justice. Key Words: basic interests decent human life egalitarianism equality minimally good life Modest Objectivist View minimalism opportunity for a decent life transnational justice.
Norman Daniels' proposal to distribute health care on the basis of fair equality of opportunity is, in this writer's opinion, unworkable. His concepts of species-typical activity and normal opportunity range are unclear; so is the relationship between them. His view that justice accords disease a better claim on the health dollar than other causes of death, pain and disability, commits him unknowingly to the indefensible positions on particular sorts of health issues, such as the care of the aging and of pregnant women. Daniels' concept of opportunity is so inclusive, his notion of balancing opportunities so vague, that his theory loses systematic power. I offer a different account from Daniels' concerning why health care needs are objective and of special importance. I also argue for a voucher system which levels out class inequalities and which finances current medical practices more or less uncritically, but allows for change through a diversity of insurance plans available to consumers. This system is just, and more practical than rating health care needs by impact on opportunity. Keywords: justice, right to health care, equality, opportunity CiteULike Connotea Del.icio.us What's this?
Stephen Kershnar (2004) recently argues that under its most plausible interpretation, equality of opportunity is simply not something worth pursuing; at least, not for itself. In this paper I try to show that even if we accept Kershnar's characterisation of equality of opportunity in terms of weighted aggregate chances, none of his objections succeed. Opportunities, not outcomes, are the appropriate focus of EO advocates; hedonic treadmills are irrelevant to the issue; we do not need to assume general equality in some attribute to ground equality of opportunity; finally, it is possible to show that it is permissible to promote EO at some cost to other independent values.
The principle of fair equality of opportunity is regularly used to justify social policies, both in the philosophical literature and in public discourse. However, too often commentators fail to make explicit just what they take the principle to say. A principle of fair equality of opportunity does not say anything at all until certain variables are filled in. I want to draw attention to two variables, timing and currency. I argue that once we identify the few plausible ways we have at our disposal for filling in those variables, it will become apparent that a reasonable version of the principle will be quite narrow. Its usefulness as a justificatory basis for social policies will be limited to those policies that target the distribution of competitive opportunities among people entering majority.
Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument at all for the priority of the fair equality of opportunity principle over the difference principle. In this article I will argue that making the fair equality of opportunity principle separate from and lexically prior to the difference principle is both intuitively unattractive and inconsistent with Rawls’ method of deriving principles of justice from the choices of rational contractors in the original position.
Many political philosophers argue that a principle of ‘fair equality of opportunity’ (FEO) ought to extend beyond national borders. I agree that there is a place for FEO in a theory of global justice. However, I think that the idea of cross-border FEO is indeterminate between three different principles. Part of my work in this paper is methodological: I identify three different principles of cross-border fair equality of opportunity and I distinguish them from each other. The other part of my work in this paper is normative: I argue that we should endorse only two of the three principles of cross-border fair equality of opportunity and that we shouldreject the third. Importantly, I think that we should reject the one version of transnational fair equality of opportunity that most advocates of such a principle appear to endorse.
Discussion of Norman Daniels, Fair equality of opportunity and decent minimums: A reply to Buchanan
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