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- Sau Smilansky (2003). Choice-Egalitarianism and the Paradox of the Baseline. Analysis 63 (278):146–151.Choice-egalitarianism (CE) is, broadly, a version of egalitarianism that gives free choice a pivotal role in justifying any inequality. The basic idea is this: we can morally evaluate equality and inequality in many respects, which we can call factors. Factors might be income, primary goods, wellbeing, how well someone’s life proceeds, and so on. But whatever the relevant factor may be, the baseline for egalitarianism is equality: we start, normatively, by assuming that everyone should receive the baseline, unless not receiving it can be justified. In choice-egalitarianism the only acceptable justification for not receiving the baseline is that this follows from one’s free choice. For example, assume that the factor being equalized is access to some form of higher education: everyone can go to college for free. If one does not go to college because one does not like studying and prefers surfing, that is fine. Admittedly one ends up without a college education, but the choice-egalitarian does not find this objectionable, for it follows from one’s free choice.
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In this paper, a pragmatic approach to the phenomenon of free choice permission is proposed. Free choice permission is explained as due to taking the speaker (i) to obey certain Gricean maxims of conversation and (ii) to be competent on the deontic options, i.e. to know the valid obligations and permissions. The approach differs from other pragmatic approaches to free choice permission in giving a formally precise description of the class of inferences that can be derived based on these two assumptions. This formalization builds on work of Halpern and Moses (1984) on the concept of ‘only knowing’, generalized by Hoek et al., (1999, 2000), and Zimmermann’s (2000) approach to competence.
Choice is one of the central elements in the experience of free will, but it has not received a good account from either compatibilists or libertarians. This paper develops an account of choice based around three features: (i) choice is an action; (ii) choice is not determined by one's prior beliefs and desires; (iii) once the question of what to do has arisen, choice is typically both necessary and sufficient for moving to action. These features might appear to support a libertarian account, but they do not. Instead it is argued that all three features can be accommodated within a compatibilist account, where choice is needed because of agents' inabilities to arrive at judgements about what is best. Choice differs though from random picking: in choosing, agents frequently (though not always) deploy abilities that enable them to make good choices. In such cases, judgements about what is best will frequently follow the choice. Finally choice is distinguished from agency, and, on the basis of the distinction, the claim that choice is an action is made good.
Some critics of luck egalitarianism have suggested that its reference to responsibility leaves it either assuming metaphysical libertarianism or (in the inevitable absence of a resolution of the free will problem) practically impotent. This paper argues that luck egalitarianism need not fall into either trap. It may in fact be sensitive to the possibility that libertarianism is false, and would not be undermined were this the case. Here luck egalitarianism actually fares better than outcome egalitarianism, which assumes, in just the way luck egalitarianism allegedly does, a controversial metaphysical position. There is, moreover, little difficulty in applying luck egalitarianism in practical contexts on the basis of our best guess about the relevant metaphysical questions. This solution is, of course, non-ideal, but appears preferable to the alternatives, such as simply assuming that metaphysical account of responsibility that offers the best fit with our favored theory of distributive justice.
In her recent, provocative essay “What Is the Point of Equality?”, Elizabeth Anderson argues against a common ideal of egalitarian justice that she calls “luck egalitarianism” and in favor of an approach she calls “democratic equality.”1 According to the luck egalitarian, the aim of justice as equality is to eliminate so far as is possible the impact on people’s lives of bad luck that falls on them through no fault or choice of their own. In the ideal luck egalitarian society, there are no inequalities in people’s life prospects except those that arise through processes of voluntary choice or faulty conduct, for which the agents involved can reasonably be held responsible. Anderson asserts that the adherents of luck egalitarianism, which can be elaborated in many different ways, include John Roemer, Erik Rakowski, Thomas Nagel, Ronald Dworkin, Gerald Cohen, Richard Arneson, and (with a qualification) Philippe Van Parijs.2 In contrast, according to the democratic equality conception, justice as equality requires an end to oppressive social relationships. In the ideal society of democratic equality, the social conditions of everyone’s freedom are secured, each stands to every other in a relationship of fundamental equality, including equal respect, and all have real freedom to participate in democratic self-government.
This paper aims to specify the precise conditions under which an agent is responsible for inequalities. Admittedly, the careful examination of the conditions in question has been the main focus of contemporary egalitarianism. As a matter of fact, contemporary political philosophers take responsibility to be a core conception which in principle justifies inequalities. In particular, they tend to flesh out the conception of responsibility in terms of choice, in such a way that we should hold individuals responsible for chosen inequalities but not for unchosen inequalities. This core idea is intuitively appealing because, on the one hand, alleviation of inequalities that people do not choose would thereby be encouraged, and on the other hand, it avoids an egalitarian ‘moral hazard’: the situation in which people need care nothing for the consequences (economic or otherwise) of their own choice. G. A. Cohen thus goes so far as to say that egalitarianism successfully incorporates “within it the most powerful idea in the arsenal of the anti-egalitarian right: the idea of choice and responsibility.”.
This article argues that, in its standard formulation, luck-egalitarianism is false. In particular, I show that disadvantages that result from perfectly free choice can constitute egalitarian injustice. I also propose a modified formulation of luck-egalitarianism that would withstand my criticism. One merit of the modification is that it helps us to reconcile widespread intuitions about distributive justice with equally widespread intuitions about punitive justice.
The luck egalitarian view famously maintains that inequalities in individuals’ circumstances are unfair or unjust, whereas inequalities traceable to individuals’ own responsible choices are fair or just. On this basis, the distinction between so-called brute luck and option luck has been seen as central to luck egalitarianism. Luck egalitarianism is interpreted, by advocates and opponents alike, as a view that condemns inequalities in brute luck but permits inequalities in option luck. It is also thought to be expressed in terms of the view that no individual ought to be worse off other than because of a fault or choice of his or her own. I argue that these two characterizations of luck egalitarianism are not equivalent and that, properly understood, luck egalitarianism is compatible with widespread, potentially radical, inequalities in brute luck.
This paper uses the exploration of the grounds of a common criticism of luck egalitarianism to try and make an argument about both the proper subject of theorizing about justice and how to approach that subject. It draws a distinction between what it calls basic structure views and a priori baseline views, where the former take the institutional aspects of political prescriptions seriously and the latter do not. It argues that objections to luck egalitarianism on the grounds of its harshness can in part be explained by this blindness to relevant features of institutions. Further, it may be that luck egalitarianism cannot regard its own enactment as just. A related objection to Ronald Dworkin's equality of resources, which claims that it cannot pick a particular institutional background to set the costs of resources and so is radically indeterminate, is also presented. These results, I argue, give us good reason to reject all a priori baseline views.
Egalitarianism is a major contemporary position on issues of distributive justice and related public policy. Its major strand can be called “choice-egalitarianism”, broadly, the claim that inequality can be morally justified only when it follows from people’s choices.1 I claim that the choice-egalitarians have failed to recognize a deep sense of injustice, which I call Ultimate Injustice. This form of injustice follows from the implications of the free will problem. Part I of this paper explains what Ultimate Injustice is, explicates egalitarian aims and assumptions, and notes why free will can be particularly relevant for egalitarians. Part II briefly presents the choice-egalitarian position, in a way that emphasizes it’s free will-related aspects. Part III makes a quick survey of the free will problem and of the major alternatives on it, emphasizing the relation to distributive justice. Part IV presents my arguments for the claim that the choice-egalitarian social order is deeply unjust in terms of Ultimate Injustice. Part V briefly reflects upon some theoretical and practical implications that may follow if I am right.
I made two claims against CE. First, that under careful analysis, CE compels us to bring about states of affairs so unacceptable that the position becomes absurd. By virtue of its very conceptual structure, CE gives us manifestly wrong instructions. Second, that CE’s hope of reconciling a strong egalitarianism with robust personal choice and something like the prevailing market economy is a chimera. Manor’s paper does not dispute my second claim. Indeed, his own claim, that in fact CE leads to something close to strict equality, supports my pessimism about CE’s reconciliation project. My reply to Manor therefore focuses on his denial of my first claim, that choice-egalitarianism leads to absurdity.
Discussion of Sau Smilansky, Choice-egalitarianism and the paradox of the baseline
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