Distributive Justice, Misc

The advent of artificial intelligence (AI) challenges political theorists to think about data ownership and policymakers to regulate the collection and use of public data. AI producers benefit from free public data for training their systems while retaining the profits. We argue against the view that the use of public data must be free. The proponents of unconstrained use point out that consuming data does not diminish its quality and that information is in ample supply. Therefore, they suggest, publicly available (...) data should be free. We present two objections. First, allowing free data use promotes unwanted inequality. Second, contributors of information did not and could not anticipate that their contribution would be used to train AI systems. Therefore, charging for extensive data use is pro tanto permissible and desirable. We discuss policy implications and propose a progressive data use tax to counter the inequality arising. (shrink)

Reprint of an article that initially appeared in Philosophical Papers (2017).

John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn (...) Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria. (shrink)

A discussion of McCloskey's argument for a bourgeois virtue ethics. I criticize his opposition of Adam Smith's and Kant's ethics, arguing that they share much more than the author believes. I criticize the idea that what is most respectable in modern liberal-democratic societies is a gift of Capitalism.

Carl Cohen’s and James Sterba’s debate is an impressive discussion of the legality and morality of various types of affirmative action and a must read for researchers in this field. These two issues bifurcate. The legality of preferential treatment consists of two different issues: Is preferential treatment Constitutional? Does preferential treatment violate laws other than the Constitution? The morality of preferential treatment also consists of two issues: Is preferential treatment right? Is it good? The discussion in this book is wide-ranging (...) and the authors provide a fascinating set of legal and empirical arguments that are a nice complement to the moral arguments that underlie their positions on affirmative action. The only problem with the book is that the moral arguments are somewhat abbreviated. In summary, the debate between Cohen and Sterba is insightful, well researched, and worth reading. Their legal arguments are particularly interesting. In the end, however, neither Cohen nor Sterba provide a plausible argument with regard to whether preferential treatment has effects that make it worth pursuing. Nor does either provide a strong moral case for or against preferential treatment as compensation. (shrink)

In general, capitalists deserve profits and losses for their contribution to the general welfare. Market imperfections and the range of permissible prices (at least within the boundaries of exploitation) prevent the alignment from being a direct one, but the connection generally holds. In the context of the market, this thesis preserves the central place of moral responsibility in moral desert. It also satisfies the fittingness and proportionality conditions of moral desert and provides a backward-looking and pre-institutional ground of it. In (...) addition, the focus on contribution unifies several different types of act-based desert, specifically deserved profits and losses, deserved punishment, and deserved wages. Hence, to the extent that desert-satisfaction is relevant in the selection of an economic system, this result strengthens the case for capitalism. (shrink)

In this paper, I provide an analysis of equal opportunity. I argue that equal opportunity occurs where two or more persons with equal natural abilities and willingness to work hard have chances at various jobs that are in the aggregate of equal value. I then argue that equal opportunity is neither valuable nor something that the government ought to pursue. First, it is not clear why we should value opportunities rather than outcomes. Second, the value of equal opportunity rests on (...) the value of interest satisfaction. However, if interest satisfaction is relatively constant across different jobs and different job opportunities, then the concern for interest satisfaction will not ground the value of equal opportunity. Third, equalizing opportunities is not in itself valuable because persons are not equally valuable. Fourth, even if equal opportunity were valuable, the government can pursue it only by trespassing on individual rights. (shrink)

We give two social aggregation theorems under conditions of risk, one for constant population cases, the other an extension to variable populations. Intra and interpersonal welfare comparisons are encoded in a single ‘individual preorder’. The theorems give axioms that uniquely determine a social preorder in terms of this individual preorder. The social preorders described by these theorems have features that may be considered characteristic of Harsanyi-style utilitarianism, such as indifference to ex ante and ex post equality. However, the theorems are (...) also consistent with the rejection of all of the expected utility axioms, completeness, continuity, and independence, at both the individual and social levels. In that sense, expected utility is inessential to Harsanyi-style utilitarianism. In fact, the variable population theorem imposes only a mild constraint on the individual preorder, while the constant population theorem imposes no constraint at all. We then derive further results under the assumption of our basic axioms. First, the individual preorder satisfies the main expected utility axiom of strong independence if and only if the social preorder has a vector-valued expected total utility representation, covering Harsanyi’s utilitarian theorem as a special case. Second, stronger utilitarian-friendly assumptions, like Pareto or strong separability, are essentially equivalent to strong independence. Third, if the individual preorder satisfies a ‘local expected utility’ condition popular in non-expected utility theory, then the social preorder has a ‘local expected total utility’ representation. Fourth, a wide range of non-expected utility theories nevertheless lead to social preorders of outcomes that have been seen as canonically egalitarian, such as rank-dependent social preorders. Although our aggregation theorems are stated under conditions of risk, they are valid in more general frameworks for representing uncertainty or ambiguity. (shrink)

This paper offers a normative exploration of what exploitation is and of what is wrong with it. The focus is on the critical assessment of the exploitation of workers in capitalist societies. Such exploitation is wrongful when it involves a contra-solidaristic use of power to benefit oneself at the expense of others. Wrongful exploitation consists in using your greater power, and sometimes even in making other less powerful than you, in order to get them to benefit you more than they (...) ought to. This account of exploitation is appealing because it simultaneously captures three morally significant dimensions of exploitation—its material and social background, the relational (interpersonal and systemic) attitudes it enacts, and the final distributive results it generates. Exploitation is indeed a multidimensional social process. The flipside of the proposed critical characterization of this process is a positive ideal of solidaristic empowerment in the allocation and use of economic power, which the paper articulates in terms of the socialist Abilities/Needs Principle (“from each according to their abilities, to each according to their needs”). The Abilities/Needs Principle is grounded in human dignity. (shrink)

This introduction aims to describe some fundamental problems of intergenerational justice and climate change. It also intends to provide comments on improved versions of some of the best papers presented in the International Meeting “Intergenerational Justice and Climate Change: juridical, moral and political issues” that took place at Cordoba National University (Argentina), in September 2017. In that meeting, the discussion focused on these topics by considering the ideas of the two keynote speakers invited to the event: Lukas H. Meyer and (...) Alessandro Pinzani. I devote the last part of this essay to discuss two pressing issues concerning climate change whose practical solutions challenge our standard understanding of the notion of harm. I discuss, on the one hand, certain issues related with the non-identity problem. On the other hand, I try to identify what kind of obligation do we have when we talk about minimizing the number of people who will suffer harm as a result of the adverse effects of climate change. (shrink)

Inspired by recent breakthroughs in predictive modeling, practitioners in both industry and government have turned to machine learning with hopes of operationalizing predictions to drive automated decisions. Unfortunately, many social desiderata concerning consequential decisions, such as justice or fairness, have no natural formulation within a purely predictive framework. In efforts to mitigate these problems, researchers have proposed a variety of metrics for quantifying deviations from various statistical parities that we might expect to observe in a fair world and offered a (...) variety of algorithms in attempts to satisfy subsets of these parities or to trade o the degree to which they are satised against utility. In this paper, we connect this approach to fair machine learning to the literature on ideal and non-ideal methodological approaches in political philosophy. The ideal approach requires positing the principles according to which a just world would operate. In the most straightforward application of ideal theory, one supports a proposed policy by arguing that it closes a discrepancy between the real and the perfectly just world. However, by failing to account for the mechanisms by which our non-ideal world arose, the responsibilities of various decision-makers, and the impacts of proposed policies, naive applications of ideal thinking can lead to misguided interventions. In this paper, we demonstrate a connection between the fair machine learning literature and the ideal approach in political philosophy, and argue that the increasingly apparent shortcomings of proposed fair machine learning algorithms reflect broader troubles faced by the ideal approach. We conclude with a critical discussion of the harms of misguided solutions, a reinterpretation of impossibility results, and directions for future research. (shrink)

A short historical overview of the idea of equality from early modernity to the twentieth century.

Should theories of distribution focus solely on subjective welfare or solely on objective resources? While both of these ‘currencies’ have well-known objections that make each of them implausible alone, I argue that neither currency should be jettisoned entirely. Instead, I construct a multi-currency distributive theory involving both welfare and resources. While I think that such a heterogeneous theory is able to mitigate objections to both pure resourcism and pure welfarism, it also creates a new concern, which I call the precedence (...) concern, in which a theorist must determine which currency takes precedence in a given situation. I argue that to answer the precedence concern, altering the currency should result in altering the site of distribution as well. As a result, moral value between individuals should be measured in terms of welfare while state justice should be measured in terms of resources. (shrink)

The veil of ignorance argument was used by John C. Harsanyi to defend Utilitarianism and by John Rawls to defend the absolute priority of the worst off. In a recent paper, Lara Buchak revives the veil of ignorance argument, and uses it to defend an intermediate position between Harsanyi's and Rawls' that she calls Relative Prioritarianism. None of these authors explore the implications of allowing that agent's behind the veil are averse to ambiguity. Allowing for aversion to ambiguity---which is both (...) the most commonly observed and a seemingly reasonable attitude to ambiguity---however supports a version of Egalitarianism, whose logical form is quite different from the theories defended by the aforementioned authors. Moreover, it turns out that the veil of ignorance argument neither supports standard Utilitarianism nor Prioritarianism unless we assume that rational people are insensitive to ambiguity. (shrink)

Because families disrupt fair patterns of distribution and, in particular, equality of opportunity, egalitarians believe that the institution of the family needs to be defended at the bar of justice. In their recent book, Harry Brighouse and Adam Swift have argued that the moral gains of preserving the family outweigh its moral costs. Yet, I claim that the egalitarian case for abolishing the family has been over-stated due to a failure to consider how alternatives to the family would also disturb (...) fair distributions and, in particular, equality of opportunity. Absent the family, children would continue to be exposed to care-givers of different levels of ability, investment in childrearing and beneficial partiality. In addition, social mechanisms other than the family would lead to the accumulation of economic inequalities. Any kind of upbringing will fail to realise equality for reasons that go deeper than the family: our partiality and unequal abilities to nurture. (shrink)

To say health is 'special' is to say that it has a moral significance that differentiates it from other goods (cars, say or radios) and, as a matter of justice, warrants distributing it separately. In this essay, I critique a new justification for the specialness thesis about healthcare (STHC) recently put forth by Engster. I argue that, regrettably, Engster's justification of STHC ultimately fails and fails on much the same grounds as have previous justifications of STHC. However, I also argue (...) that Engster's argument still adds something valuable to the debate around STHC insofar as it reminds us that the moral significance of healthcare may be wider than simply its effect on the incidence of disability and disease: one further reason we may think healthcare is morally significant is because it concerns the treatment and care of those who are already unwell. (shrink)

In the past decade, three philosophers in particular have recently explored the relation between desert and intrinsic value. Fred Feldman argues that consequentialism need not give much weight – or indeed any weight at all – to the happiness of persons who undeservedly experience pleasure. He defends the claim that the intrinsic value of a state of affairs is determined by the “fit” between the amount of well-being that a person receives and the amount of well-being that the person deserves. (...) Shelly Kagan uses a similar claim to motivate the view that equality is not intrinsically valuable. Thomas Hurka argues that desert is a third-order value, which is a function of the relation between the second-order value of having a virtuous or vicious character and the first-order value of experiencing pleasure or pain. In this paper, we sketch a theory of desert as fittingness and defend a general account of the relation between desert, well-being, and intrinsic value. We then discuss various applications of our “geometry of desert,” including a solution to the problem of the Repugnant Conclusion. In so doing, we explain, revise, and extend many of these authors’ central ideas. (shrink)

A contract in which the potential immigrants to the U.S. waive their right to non-emergency welfare benefits in return for their being allowed to come to the U.S. is not unjust. This is because the right to allow persons to immigrate in return for their waiving any future claim on non-emergency welfare benefits is included in other moral rights that the U.S. has. Nor is the transaction exploitative since it is beneficial to the average immigrant and since he gains a (...) fair share of the transactional surplus. Thus, if such a transaction is permissible for the U.S. citizens and they favor it, then the U.S. government as their agent is other-things-equal obligated to implement it. (shrink)

This book carefully engages philosophical arguments for and against open borders, bringing together major approaches to open borders across disciplines and establishing the feasibility of open borders against the charge of utopianism.

In their recent article, Koplin, Gyngell and Savulescu (2019) assess the viability of the precautionary principle as a decision-making tool to determine whether and under what circumstances germline gene editing should proceed. While their survey of different forms of the precautionary principle is illuminating, the most novel contribution is a new account of the precautionary principle, what they dub the Sufficientarian Precautionary Principle (SPP). SPP is meant to avoid several problems with existing accounts, while comporting with at least some of (...) the intuitive force behind the general idea of the precautionary principle. However, as it is only one subsection of a larger paper, SPP is not fully worked out. In this brief response, I will flesh out some problems with SPP as a decision-making tool – particularly that there is a lack of adequate normative justification for adopting it. While this does not constitute a decisive refutation of the approach, SPP needs considerable refinement and clarification before it can be considered viable for use in decision-making. (shrink)

This book provides a systematic defense of moral contractarianism as a distinct approach to the social contract. It elucidates, in comparison to moral conventionalism and moral contractualism, the distinct features of moral contractarianism, its scope, and conceptual and practical challenges that concern the relationship between morality and self-interest, the problems of assurance and compliance, rule-following, counterfactualism, and the nexus between morals and politics. It argues that, if appropriately conceived, moral contractarianism is conceptually coherent, empirically sound, and practically relevant, and has (...) much to offer to contemporary moral philosophy. (shrink)

Basic income policies have recently enjoyed a great deal of discussion, but they are not a natural fit with views of distributive or social justice endorsed by many moral and political philosophers. This essay develops and defends a new view of social justice, called relational sufficientarianism, which is more compatible with a universal basic income. Relational sufficientarianism holds that persons in a just society must have sufficient social status, but not necessarily equal social status. It argues that this view offers (...) a more plausible account of just social relations than relational egalitarianism, a better account of the threshold for sufficiency than distributive sufficientarianism, and can serve as a more suitable theoretical backing for a universal basic income than either of these other views, or distributive egalitarianism. (shrink)

G.A. Cohen attempts to provide a case for socialism that takes into consideration the reasons why socialism is desirable and some of the problems for its feasibility. He finds that the kind of community sentiment that socialism requires is possible, but the devices of social organization that can facilitate the growth of socialist sentiment along with the effective transmission of information are not currently known. In short, Cohen thinks social scientists and philosophers need to find out how to harness the (...) information transmission capacity of market exchange without the motivational encouragement of rapacious self-interest that market exchange fosters. This paper argues that Cohen’s appraisal of the ineffectiveness of informational transmission in socialist planned economies in incorrect. A democratically planned socialist economy can serve as the basis for the fostering of the socialist community sentiment that Cohen advocates along with the required transmission of economic information. (shrink)

Recent popularity of the relationship of 'ethics' and 'economics' is at once revealing and misleading. It marks the withering away of a dogmatic confidence in a self-regulating and water-proof economic 'sphere'. It is also a muddled way of treating a number of interrelated but different issues: the interrelations between moralities (as historically given institutions) and markets (as partially self-regulating socially institutionalized mechanisms), the relationship between ethics and economic theory, and finally issues of distributive justice.

In a footnote to the first edition of Political Liberalism, John Rawls introduced an example of how public reason could deal with controversial issues. He intended this example to show that his system of political liberalism could deal with such problems by considering only political values, without the introduction of comprehensive moral doctrines. Unfortunately, Rawls chose “the troubled question of abortion” as the issue that would illustrate this. In the case of abortion, Rawls argued, “the equality of women as equal (...) citizens” overrides both “the ordered reproduction of political society over time” and also “the due respect for human life.” It seems fair to say that this was not the best choice of example and also that Rawls did not argue for his example particularly well: a whole subset of the Rawlsian literature concerns this question alone. (shrink)

One cannot adequately understand the persistence of the achievement gap, Darby and Rury argue, until one knows and understands the history that continues to inflict all varieties of dignitary harm on Black people. The authors deploy the phrase, ‘color of mind’, to describe the deeply embedded attitudinal and institutional norms that diminish the intellect, character, and conduct of Black students – norms with a long history that continue to poison the school system. There is, of course, no dearth of American (...) scholarship on these themes, and the reader may be forgiven for thinking she will encounter little that isn’t already known. Fortunately, however, the tack the authors take deviates in several important ways from most scholarship. (shrink)

I argue the existence of two tensions in Smith's system of ideas: the first is that between the postulate of an invisible noumenal order of the universe and the imaginary principles by means of which we connect the phenomena; the second is a tension between the noumenal order of the world where 'is' and 'ought' converge, and the various partial orders that may be reconstructed in social phenomena that leave room for irrationality and injustice. My first claim is that these (...) tensions are dialectical tensions in a unitary, albeit rhapsodically presented in writing. My second claim is that, the system’s unanswered question in the moral domain is a ‘metaphysical’ and ‘theological’ question, namely the problem of evil; by implication, I contend also that Smith was no secularist, but instead a post-skeptical fideist or agnostic, who took Bayle's question: "why are men wicked and unhappy?" quite seriously. His private ethics of prudence, justice, benevolence and his public ethics of liberty, justice, equality were modest proposals for coping with the problem of social evil in our imperfect world. (shrink)

The paper aims at finding a way out of deadlocks in Malthus scholarship concerning his relationship to utilitarianism. The main claim is that Malthus viewed his own population theory and political economy as Hifsdisziplinen to moral and political philosophy, that is, empirical enquiries required in order to be able to pronounce justified value judgments on such matters as the Poor Laws. On the other hand, Malthus’s population theory and political economy were no value-free science and his policy advice – far (...) from being “utilitarian” – resulted from his overall system of ideas and was explicitly based on a set of traditional moral assumptions. These in turn were justified by a peculiar meta-ethical theory, which has been named in a somewhat improper way “theological utilitarianism” and which I propose to name instead “consequentialist voluntarism”. The issue of poverty and its remedies is the one where Malthus’s peculiar approach, once applied to a real-world issue, displays it potentialities, yielding a kind of policy-advice that is softer and more flexible than the one that may be drawn from Benthamite utilitarianism. The reconstruction shows how, through subsequent approximations and under pressure of critics, Malthus yields finally a kind of Institutional approach to policies concerning poverty, making room for generalized basic education, free markets for labour and for corn, colonies, and private beneficence. Such a mix of policies should bring about for the lower classes of society “the means of being respectable, virtuous and happy”. -/- . (shrink)

I discuss first Adam Smith’s ethical theory and the peculiar function played by the quadrangle of sympathy, the social function of sympathy with the rich and powerful and the unavoidable corruption of moral sentiments it carries. Secondly, I examine human nature in Smith’s work, and show how diverging tendencies are carried by different social roles. Thirdly I discuss the modest normative claims advanced by his ethical theory and show how these are not from utilitarian ones, how ethical pluralism is mirrored (...) in Smith’s triad of private virtues, prudence, justice, benevolence and of public virtues, liberty, justice, equality, how these are far from being utilitarian virtues, being rather the result of overlapping between several reasonable normative ethics. Fourthly I discuss Smith’s attitude to merchants and master-manufacturers, showing how, far being the theorist of ‘bourgeois virtues’, he was a radical critic of both the aristocratic establishment and the new emerging class in the name of oppressed. My conclusion is that ‘The Wealth of Nations’ is not an argument for self-regulating markets but instead an argument for a less authoritarian society where political authority, under pressure from a newly formed public opinion made by people in the middling ranks of life, would cease favouring the most powerful pressure group and leave ‘civil society’ in a condition where an adjustment in the distribution of wealth, revenue, knowledge and power could take place through a quasi-spontaneous process. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Based on three recently published books on climate justice, this article reviews the field of climate ethics in light of developments of international climate politics. The central problem addressed is how idealised normative theories can be relevant to the political process of negotiating a just distribution of the costs and benefits of mitigating climate change. I distinguish three possible responses, that is, three kinds of non-ideal theories of climate justice: focused on (1) the injustice of some agents not doing their (...) part; (2) the policy process and aiming to be realistic; and (3) grievances related to the transition to a clean-energy economy. The methodological discussion underpinning each response is innovative and should be of interest more generally, even though it is still underdeveloped. The practical upshot, however, is unclear: even non-ideal climate justice may be too disconnected from the fast-moving and messy climate circus. (shrink)

One of John Rawls’s major aims, when he wrote A Theory of Justice, was to present a superior alternative to utilitarianism. Rawls’s worry was that utilitarianism may fail to protect the fundamental rights and liberties of persons in its attempt to maximize total social welfare. Rawls’s main argument against utilitarianism was that, for such reasons, the representative parties in the original position will not choose utilitarianism, but will rather choose his justice as fairness, which he believed would securely protect the (...) worth of everybody’s basic rights and liberties. In this paper, I will argue that, under close formal examination, Rawls’s argument against utilitarianism is self-defeating. That is, I will argue that Rawls’s own reasons, assumptions, and the many theoretical devices he employs demonstrably imply that the representative parties in the original position will choose utilitarianism instead of justice as fairness. (shrink)

The article has two aims. First, to show that a version of luck egalitarianism that includes relational goods amongst its distribuenda can, as a matter of internal logic, account for one of the core beliefs of relational egalitarianism. Therefore, there will be important extensional overlap, at the level of domestic justice, between luck egalitarianism and relational egalitarianism. This is an important consideration in assessing the merits of and relationship between the two rival views. Second, to provide some support for including (...) relational goods, including those advocated by relational egalitarianism, on the distribuenda of justice and therefore to put in a good word for the overall plausibility of this conception of justice. I show why relational egalitarians, too, have reason to sympathise with this proposal. (shrink)

The global city is a contested site of economic innovation and cultural production, as well as profound inequalities of wealth and life chances. These cities, and large cities that aspire to ‘global’ status, are often the point of entry for new immigrants. Yet for political theorists (and indeed many scholars of global institutions), these critical sites of global influence and inequality have not been a significant focus of attention. This is curious. Theorists have wrestled with the nature and demands of (...) global justice, but have for the most part supposed that the debate is between statist and cosmopolitan formulations. Questions of redistribution, immigration, humanitarian obligations, coercion at borders, and territorial rights have correspondingly been cast as either the domain of sovereign territorial states, or of the nascent web of supranational institutions that might bind those states and peoples, morally and legally. Examining some of these issues and arguments through the lens of the global city casts them in a new and informative light, and buttresses an associative turn in thinking about global justice. (shrink)

The results of empirical research show that people prefer to help identified individuals rather than unidentified ones. This preference has an important influence on many private and public decisions, for example concerning vaccination or the distribution of healthcare resources. The aim of this article is to define the terms: “identified”, “unidentified”, “statistical”, and then to analyze three philosophical arguments concerning the normative implications of this preference: 1) contractualism ex ante ; 2) fair distribution of chances and risks; 3) principles regarding (...) the concentration of good effects and the distribution of bad effects. I will demonstrate that these arguments, which are related to interesting philosophical problems, such as counterfactuals, are not convincing. (shrink)

Biomedical sciences cannot answer the question who should be saved from death if not everyone can be. This is an ethical issue. However, we face exactly this question when deliberating on the criteria for organ allocation. The main aim of this article is to formulate a pluralistic theory of just distribution of organs, which incorporates the tenets of utilitarianism, egalitarianism and sufficientarianism. Each constituent theory adopts a different value as a criterion for organ allocation. For utilitarianism it is a health (...) benefit for the patient, for egalitarianism it is the ratio of deserts and health-related well being, for sufficientarianism what is important is that the candidate for a transplant be situated below the sufficientarian threshold. The article presents a proposal to reconcile these three competing theories. (shrink)

In the effort to address the persistent organ shortage it is sometimes suggested that we should incentivize people to sign up as organ donors. One way of doing so is to give priority in the allocation of organs to those who are themselves registered as donors. Israel introduced such a scheme recently and the preliminary reports indicate increased donation rates. How should we evaluate such initiatives from an ethical perspective? Luck egalitarianism, a responsibility-sensitive approach to distributive justice, provides one possible (...) justification: Those who decide against being organ donors limit the health care resources available to others. As such, a priority rule can be justified by a luck egalitarian approach to distributive justice. Furthermore, a priority rule inspired by luck egalitarianism is well equipped to avoid prominent criticisms of such a procurement system. Luck egalitarianism provides us with reaons to exempt people who are not responsible for their inability to donate from receiving lower priority, provide sufficient information about donation, and mitigate social and natural circumstances affecting people’s choice to donate. (shrink)

According to the negative principle of appropriation a person can acquire an unowned resource if doing so respects a certain condition (the Lockean proviso). Contrary to some views, a proviso of this sort is not incompatible with libertarianism. Moreover, no unilateral powers of acquisition can fail to consider the impact on the interests of others. Hence, a doctrine of appropriation must incorporate such a proviso. However, the several interpretations such a proviso can take on various dimensions will be either implausible (...) as a way of taking into consideration the interests of others, or unable to generate the kind and extent of property rights libertarians typically endorse. (shrink)

G. A. Cohen conceptualizes socialism as luck egalitarianism constrained by a community principle. The latter mitigates certain inequalities to achieve a shared common life. This article explores the plausibility of the community constraint on inequality in light of two related problems. First, if it is voluntary, it fails as a response to “the abandonment objection” to luck egalitarianism, as it would not guarantee imprudent people sufficient resources to avoid deprivation and to function as equal citizens in a democratic society. Contra (...) Cohenite socialism, this appears unjust. Second, if it is instead enforced, coercive equalization beyond sufficiency-constrained luck egalitarianism, which is possibly necessary to achieve a shared common life, seems to require unjustified restrictions on liberty. I therefore argue that the constraint is most plausibly specified as requiring enforcement of sufficiency and only voluntary equalization thereafter. I also note, skeptically, why this constraint might be morally preferable to a purely sufficientarian alternative. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

On conçoit souvent la jalousie comme une émotion ayant pour objet les relations de proximité (amour, amitié, fratrie, etc.). Elle a généralement mauvaise presse et est typiquement envisagée comme une émotion moralement condamnable, voire comme un vice. Or, la jalousie ne porte pas uniquement sur les relations de proximité : elle peut également porter sur divers biens (prestige, richesses, biens matériels, privilèges, etc.). Par ailleurs, certains auteurs soutiennent que des cas de jalousie pourraient être moralement justifiés, voire que la jalousie (...) pourrait être une vertu. La jalousie paraît également jouer un rôle dans l’institution et le maintien d’institutions visant à perpétuer des inégalités entre les individus jaloux de leurs avantages et ceux qu’ils envisagent comme des concurrents cherchant à les déposséder de leurs biens. De fait, la jalousie paraît utile pour la théorie politique de par les liens qu’elle entretient avec la justice distributive. Cet article propose, dans la première section, une discussion portant sur la nature de la jalousie où elle est contrastée avec l’envie et l’indignation. Dans la seconde section, on se demandera si la jalousie est un vice, ou si elle peut être parfois moralement justifiée, ou même être une vertu. La troisième section traitera les rôles joués par la jalousie collective dans la justice distributive et la fondation et le maintien d’institutions sociales visant à protéger les intérêts des jaloux. Pour le faire, le cas de la jalousie économique, telle que David Hume et Adam Smith la concevaient dans les relations commerciales entre États européens au XVIIIème siècle, est considéré. (shrink)

Cosmopolitan critics attack the scope-limitation of justice of egalitarian liberal theorists to states. They treat justice as the production of a given set of outcomes for people regardless of location or relationship. However, in doing so they either ignore the relevant agent towards whom principles of justice are addressed or see the question of agency as a practical, derivative question, of a secondary character. This paper argues that a principle of justice without a clearly justified agent is not a genuine (...) principle at all. This is what writers like Rawls mean by the "subject" of justice (analogous to the grammatical subject of a sentence, i.e.,the agent). We should reflect on agents and why they would or would not justifiably carry certain burdens for others and what kind of benefits or goods they are able to secure. The answers to those questions explain why the idea of cosmopolitan global justice is incomplete, either requiring a global basic structural agency or not applying because no relevant agent is present that can create cooperative arrangements between individual persons across the globe. Other moral principles will still apply globally, but they will be distinct from those that apply to basic-structural agencies. This account is not a practice dependence account, as it bases the distinctness of moral and political principles on purely moral and value-based considerations. (shrink)

The debate over the applicability of the concept of (distributive) justice to the international sphere appears to focus on practicalities in the agent of redistribution. The agency objection says there is no appropriate agent of (the equivalent of societal distributive) justice and its aims for the international sphere. A common response is that the agency question is merely a matter of practicality, the concepts of justice and injustice can apply to circumstances in which distributive justice may not currently be practically (...) achievable. The paper argues that this response is based on a particular and contentious (in the debate) understanding of distributive justice as focused on outcomes rather than treatment by specific types of agents. A number of problems with that concept of justice are adduced and the alternative concept set out. Rejecting the agency objection based on an assumed concept of justice to which those making it would not obviously subscribed begs the question against them. (shrink)

This chapter considers the key values underlying and explaining important features of international law as a system of law. It uses that value analysis as a way of interpreting international law and of asking whether, within those values, international law can be made to serve certain 'global cosmopolitan' re-distributive aims. The chapter argues that the constraints of international law mean that it is not an appropriate medium for global re-distributive goals commonly associated with theories of societal justice. Because those features (...) and constraints are based in values that international law distinctly serves, those constraints cannot simply be ignored, overridden, or changed judicially. (shrink)

There are limits to what can be achieved using the means and medium of international law. This article explores those limits by providing an innovative theory of the nature of international law and how we should understand its limits in terms of value theory. A "four functions" theory is proposed, and these functions are used to interpret areas of international law in terms of their distinctive and valuable contribution to a specific area of human relations. On the basis of this (...) analysis of international law and international legal interpretation, the paper argues that the cosmopolitan aims of a number of moral cosmopolitan scholars fail to taken into account the value limits of international law. This is presented as a value problem, not a problem of feasibility or practicality. (shrink)

Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more (...) often or more harshly than other offenders, even when the crimes are the same. The state’s stable disposition to inconsistently hold offenders responsible undermines its standing to hold offenders responsible for the same reasons that hypocrisy undermines standing; instead of making an unfair exception of itself, the state makes an unfair exception of others. Strikingly, this means that the state lacks the standing to hold anyone responsible for a crime for which it is unfairly disposed to hold citizens responsible inconsistently, not just socially deprived offenders. Thus, it is even more urgent that the state regain its moral standing by working toward a justice system that holds offenders responsible consistently. (shrink)