Distributive Justice, Misc

Measures of need-based justice that have been proposed lately rely on a single dimension of need that is taken into account. This is shown to be problematic since humans experience different kinds of need that appear to be incommensurable.

Cosmopolitans like Gillian Brock, Charles Beitz, and Thomas Pogge argue that the principles of justice selected and arranged in lexical priority in Rawls’ first original position would—and should for the same reasons as in the first—also be selected in Rawls’ second original position. After all, the argument goes, what reasons other than morally arbitrary ones do we have for selecting a second set of principles? A different, though undoubtedly related, point of contention is the cosmopolitan charge that Rawls fails to (...) consider the unfavorable conditions that owe themselves to global factors. Perhaps there was a time when interconnectedness and interdependency between states was not a factor, but in the current global order, this is certainly not the case. While this paper will address other related cosmopolitan concerns mentioned in Brock’s work, it is these two points that are perhaps the two biggest threats to the Rawlsian project and, as such, it is these two points that will be the primary focus of this paper. (shrink)

In this paper I discuss justice in the distribution of resources, both within states and across different states. On one influential view, it is always unjust for one person to have less than another through no fault of her own. State borders, on this account, have no importance in determining which distributions are just. I show that an alternative approach is needed. I argue that distributions of wealth are only unjust in so far as they issue from unfair treatment. It (...) follows that not all inequalities in the distribution of goods are unjust. I use these results to explain how state borders do play a role in determining which inequalities are unjust, since some of these inequalities issue from unfair treatment of citizens by the state. (shrink)

I argue that taxation for redistributive purposes is a property rights violation, responding to arguments (due to Nagel, Murphy, Sunstein, and Holmes) claiming that individuals lack ownership of their pretax incomes.

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory for rectifying (...) injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

The good of those who are worse off matters more to the overall good than the good of those who are better off does. But being worse off than one’s fellows is not itself bad; nor is inequality itself bad; nor do differences in well-being matter more when well-being is lower in an absolute sense. Instead, the good of the relatively worse-off weighs more heavily in the overall good than the good of the relatively better-off does, in virtue of the (...) fact that they are relatively worse off. This paper articulates and defends the view just described. [keywords: inequality, utilitarianism, egalitarianism, prioritarianism, aggregation]. (shrink)

This paper discusses two distinct questions of distributive justice raised by climate change. Stated very roughly, one question concerns how much protection is owed to the potential victims of climate change (the Just Target Question), and the second concerns how the burdens (and benefits) involved in preventing dangerous climate change should be distributed (the Just Burden Question). In Section II, I focus on the first of these questions, the Just Target Question. The rest of the paper examines the second question, (...) the Just Burden Question. To answer this question, I argue, it is necessary to address two important methodological questions (one concerning the choice between what I term Integrationism and Isolationism and the other concerning the choice between what I term Holism and Atomism). Sections III-V, thus, set out and explore these two methodological issues. Having done so, the paper then turns from methodological issues to substantive analysis, and in Section VI it examines three principles of distributive justice that, it has been suggested, should determine how the burden of addressing dangerous climatic changes should be distributed (the Polluter Pays Principle, the Ability to Pay Principle and the Beneficiary Pays Principle). (shrink)

Human capital is that body of skills, knowledge, or dispositions that enhances the value of individuals’ contributions to economic production. Because human capital is both a byproduct of, and an important ingredient in, cooperative productive activities, it is subject to demands of justice. Here I consider what comparative justice in human capital benefits and burdens amounts to, with a special concern for the place of equality in allocating such burdens and benefits. Identifying these demands is complicated by the fact that (...) human capital is not discretely produced or exploited, making it difficult to envision human capital justice in historical terms. I defend a non-historical alternative that (I contend) both distributive and relational egalitarians can embrace, namely that that an allocation of human capital burdens and benefits is just only if under that distribution, no individual prefers another’s ledger of benefits and burdens to her own. (shrink)

We live in a market system with much economic inequality. This may not be an essential characteristic of market systems but seems historically inevitable. How we should evaluate it, on the other hand, is contentious. I propose that bleeding heart libertarianism provides the best diagnosis and prescription.

The move from open outcry to electronic trading added another responsibility to futures exchanges—that of matching orders between buyers and sellers. Matching systems can affect the level and speed of price discovery, the distribution of revenue, as well as the level of price efficiency of a given market. Whether the matching system is procedurally fair is another important consideration. I argue that while FIFO (First In First Out) is a fair procedure in principle and is perceived as the default matching (...) system, it is not a fair procedure in practice. Likewise, while pro rata is a fair procedure in principle, it is not so in practice. Nevertheless, both FIFO and pro rata are relics of an open outcry system. Instead, I propose an alternative approach to matching systems that builds on the strengths of electronic trading—the ability to randomize in real time. I introduce random selection for service (RSS) as a matching system that is procedurally fair both in principle and in practice. (shrink)

Reprint of an article first appearing in Philosophical Papers (2017).

In this chapter I systematically distinguish a variety of ways to relationalize economics, and focus on a certain approach to relationalizing normative economics in the light of communal values salient in the African philosophical tradition. I start by distinguishing four major ways to relationalize empirical economics, viz., in terms of its ontologies, methods, explanations, and predictions, and also three major ways to relationalize normative economics, in regards to means taken towards ends, decision-procedures used to specify ends, and ends themselves. Then, (...) in the rest of the chapter I address what would be involved in relationalizing the ends of economic choices, given certain ideals of communal relationship characteristically prized by sub-Saharan philosophers, particularly southern African adherents to ubuntu. I advance communal answers to the two large questions of what an economy should distribute and how to engage with stakeholders, and suggest that the implications will be found plausible by many open-minded enquirers around the world. Although this chapter is a work of ethical philosophy, it is meant to be of broad interest to scholars in economics. (shrink)

This volume features new approaches to social contract theory. Whereas traditional social contract theories and their adaptations in the 20th century were developed for fairly homogeneous societies, societies in the 21st century often are characterized by conflicting first-order directives that stem from deep moral, political, religious, and cultural diversity. To address such diversity and the complexities of contemporary societies, new approaches (including formal approaches) to social contract theory have emerged that re-envision the social contract for a fragmented and sometimes polarized, (...) yet interdependent, social world. New social contract theory explores how, in a world of continuous disagreement on questions of justice, in particular the ideals of liberty and equality, society not only can progress, but also flourish and become more robust and open in its social fabric. This volume brings together, for the first time, defenders and discussants of new social contract theory. It includes contributions by eminent and emerging scholars in this field. The volume clarifies the distinct features of new social contract theory and provides a valuable starting point for discussion of this novel movement in social contract theory. (shrink)

Recently, economic studies on labor market developments have indicated that there is a potential threat of technological mass unemployment. Both smart robotics and information technology may perform a broad range of tasks that today are fulfilled by human labor. This development could lead to vast inequalities. Proponents of an unconditional basic income have, therefore, employed this scenario to argue for their cause. In this chapter, the author argues that, although a basic income might be a valid answer to the challenge (...) of technological unemployment, it fails to account for some ethical problems specific to future expectations of mass unemployment. The author introduces the proposal of an unconditional basic capital and shows how it can address these problems adequately and avoid objections against a basic income. However, the basic capital proposal cannot replace all redistributive social policies. It has to be interpreted as a supplement to either a basic income or more traditional redistributive policies. (shrink)

In many assessment problems—aptitude testing, hiring decisions, appraisals of the risk of recidivism, evaluation of the credibility of testimonial sources, and so on—the fair treatment of different groups of individuals is an important goal. But individuals can be legitimately grouped in many different ways. Using a framework and fairness constraints explored in research on algorithmic fairness, I show that eliminating certain forms of bias across groups for one way of classifying individuals can make it impossible to eliminate such bias across (...) groups for another way of dividing people up. And this point generalizes if we require merely that assessments be approximately bias-free. Moreover, even if the fairness constraints are satisfied for some given partitions of the population, the constraints can fail for the coarsest common refinement, that is, the partition generated by taking intersections of the elements of these coarser partitions. This shows that these prominent fairness constraints admit the possibility of forms of intersectional bias. (shrink)

A recurring concern about luck egalitarianism is that its implementation would make some individuals, in particular those who lack marketable talents, experience shame. This, the objection goes, undermines individuals’ self-respect, which, in turn, may also lead to unequal respect between individuals. Loss of (self-)respect is a concern for any egalitarian, including distributive egalitarians, inasmuch as it is non-compensable. This paper responds to this concern by clarifying the relationship between shame and (self-)respect. We argue, first, a luck egalitarian society and ethos (...) would be radically different from the current one and incompatible with shame over lack of talent, and, second, that while shame may still occur in a less than ideal luck egalitarian society, this kind of shame does not undermine egalitarian commitments. (shrink)

In On Trade Justice, Risse and Wollner defend an account of trade justice on which the central requirement, applying to both states and firms, is a requirement of non-exploitation. On their view, trade exploitation consists in ‘power-induced failure of reciprocity’, which generates an unfair distribution of the benefits and burdens associated with trade relationships. In this paper, I argue that while there are many appealing features of Risse and Wollner’s account, their discussion does not articulate and develop the unified picture (...) of states’ and firms’ obligations that they aim to provide as clearly as it might have. In particular, it is, I claim, unclear exactly how they understand the relationship between the fairness-based requirements that apply to states and those that apply to firms. I argue that there are two types of accounts that they might accept: a transactional account and a structural account. I offer reasons to think that there are reasons to prefer a structural account. In addition, I note some of the key implications of accepting such an account, and suggest that if Risse and Wollner accept these implications and revise other aspects of their view accordingly, the result is a plausible and unified account of what trade justice requires. (shrink)

How should an impartial social observer judge distributions of well-being across different individuals when there is uncertainty regarding the state of the world? I explore this question by imposing very weak conditions of rationality and benevolent sympathy on impartial betterness judgments under uncertainty. Although weak enough to be consistent with all the main theories of rationality, these conditions prove to be sufficient to rule out any heterogeneity in what is good for individuals, to require a neutral attitude to uncertainty on (...) the part of the social observer, and to require that both individual and social betterness be strongly separable. (shrink)

Diversas fuentes culturales explican los orígenes del marcado individualismo imperante en nuestras sociedades actuales. Posiblemente, una de las manifestaciones más aclamadas de este individualismo sea la primacía de la autonomía individual, elemento clave en la articulación y fundamentación de las posiciones jurídicas subjetivas presentes en la práctica totalidad de los ordenamientos jurídicos contemporáneos, y como resultado de la expansión de la cultura occidental. Sin embargo, en ocasiones, el peso otorgado a la autonomía se antoja desproporcionado, especialmente cuando conduce a la (...) inobservancia, ya sea total o parcial, del bien común o alguna de sus manifestaciones, presupuesto de toda relación social y exigencia del principio de justicia. Junto a la autonomía, en tanto que elemento necesario para el florecimiento individual, la búsqueda del bien común debe asimismo servir a la configuración de los diversos instrumentos de decisión política y jurídica que regulan la vida en común, lo que requiere el justo equilibrio de los intereses en juego, tal y como aconseja el principio de proporcionalidad. El paradigma de las enfermedades contagiosas proporciona un claro ejemplo de lo anterior, pues la protección de la salud pública, entendida como una manifestación del bien común, no solo justifica, sino que incluso exige la restricción de ciertas posiciones jurídicas subjetivas que sirven a la especificación de la autonomía individual de sus titulares. (shrink)

There exist overwhelming – and morally compelling – reasons for shifting to renewable energy (RE), because only that will enable us to timely mitigate dangerous global warming. In addition, several other morally weighty reasons speak in favor of the shift: considerable public health benefits, broader environmental benefits, the potential for sustainable and equitable economic development and equitable energy access, and, finally, long-term energy security. Furthermore, it appears that the transition to RE is economically, technologically, and politically feasible at this point (...) in time. However, there are different possible pathways towards that goal, all of which involve tough choices. Some of these concern different ways of living: Do we have to make a choice between being sustainable and maintaining our current living standard? And if so, how can we balance the value of high living standards against that of a sustainable energy regime? In this chapter, I will not conduct a comprehensive analysis of all available renewable energy technologies, but rather provide a number of examples of tough choices entailed by solar, wind and hydropower. I will also attempt to rebut some of the common misconceptions regarding RE technologies. (shrink)

John Rawls raises three challenges – to which one can add a fourth challenge – to an impartial spectator account: (a) the impartial spectator is a utility-maximizing device that does not take seriously the distinction between persons; (b) the account does not guarantee that the principles of justice will be derived from it; (c) the notion of impartiality in the account is the wrong one, since it does not define impartiality from the standpoint of the litigants themselves; (d) the account (...) would offer a comprehensive, rather than a political, form of liberalism. The narrow aim of the article is to demonstrate that Adam Smith's impartial spectator account can rise to Rawls's challenges. The broader aim is to demonstrate that the impartial spectator account offers the basis for a novel and alternative framework for developing principles of justice, and does so in the context of a political form of liberalism. (shrink)

The Covid-19 pandemic has caused significant economic hardships for millions of people around the world. Meanwhile, many of the world’s richest people have seen their wealth increase substantially during the pandemic, despite the significant economic disruptions that it has caused on the whole. It is uncontroversial that these effects, which have exacerbated already unacceptable levels of poverty and inequality, call for robust policy responses from governments. In this paper, I argue that the disparate economic effects of the pandemic also generate (...) direct obligations of justice for those who have benefitted from pandemic windfalls. Specifically, I argue that even if we accept that those who benefit from distributive injustice in the ordinary, predictable course of life within unjust institutions do not have direct obligations to redirect their unjust benefits to those who are unjustly disadvantaged, there are powerful reasons to hold that benefitting from pandemic windfalls does ground such an obligation. (shrink)

The ‘liberal-communitarian’ debate arose within anglophone political philosophy during the 1980s. This essay opens with an account of the main outlines of the debate, showing how liberals and communitarians tended to confront each other with opposing interpretations of John Rawls’ Theory of Justice (1999; originally published in 1971) and Political Liberalism (2005; originally published in 1993). The essay then proceeds to discuss four forms of ‘liberalism after communitarianism’: Michael Freeden’s account of liberalism as an ideology; Joseph Raz and Will Kymlicka’s (...) perfectionist liberalisms; the liberalism of value pluralists such as Isaiah Berlin and Bernard Williams; and Judith N. Shklar’s liberalism of fear. It concludes with the suggestion that there are times when liberals of every kind should set aside their ideology, even if only temporarily, in order to listen to their interlocutors with truly open minds. (shrink)

In an effort to contain the spread of COVID-19, many states and countries have adopted public health restrictions on activities previously considered commonplace: crossing state borders, eating indoors, gathering together, and even leaving one’s home. These policies often focus on specific activities or groups, rather than imposing the same limits across the board. In this Article, I consider the law and ethics of these policies, which I call tailored policies. In Part II, I identify two types of tailored policies--activity-based and (...) group-based. Activity-based restrictions respond to differences in the risks and benefits of specific activities, such as walking outdoors and dining indoors. Group-based restrictions consider differences between groups with respect to risk and benefit. Examples are policies that treat children or senior citizens differently, policies that require travelers to quarantine when traveling to a new destination, and policies that treat individuals differently based on whether they have COVID-19 symptoms, have tested positive for COVID-19, have previous COVID-19 infection, or have been vaccinated against COVID-19. In Part III, I consider the public health law grounding of tailored policies in the principles of “least restrictive means” and “well-targeting.” I also examine how courts have analyzed tailored policies that have been challenged on fundamental rights or equal protection grounds. I argue that fundamental rights analyses typically favor tailored policies and that equal protection does not preclude the use of tailored policies even when imperfectly crafted. In Part IV, I consider three critiques of tailored policies, centering on the claims that they produce inequity, cause harm, or unacceptably limit liberty. I argue that we must evaluate restrictions comparatively: the question is not whether tailored policies are perfectly equitable, wholly prevent harm, or completely protect liberty, but whether they are better than untailored ones at realizing these goals in a pandemic. I also argue that evaluation must consider indirect harms and benefits as well as direct and apparent ones. (shrink)

The U.S. FDA has issued emergency use authorizations for monoclonal antibodies for non-hospitalized patients with mild or moderate COVID-19 disease and for individuals exposed to COVID-19 as post-exposure prophylaxis. One EUA for an oral antiviral drug, molnupiravir, has also been recommended by FDA’s Antimicrobial Drugs Advisory Committee, and others appear likely in the near future. Due to increased demand because of the Delta variant, the federal government resumed control over the supply and asked states to ration doses. As future variants (...) with increased infectivity and/or severity emerge, further rationing may be required. We identify relevant ethical principles and priority groups for access to therapies based on an integrated approach to population health and medical factors. Using priority categories to allocate scarce therapies effectively operationalizes important ethical values. This strategy is preferable to the current approach of categorical rules based on vaccination, immunocompromise status, or older age, or the ad hoc consideration of clinical risk factors. (shrink)

The coronavirus disease 2019 (COVID-19) pandemic has motivated medical ethicists and several task forces to revisit or issue new guidelines on allocating scarce medical resources. Such guidelines are relevant for the allocation of scarce therapeutics and vaccines and for allocation of ICU beds, ventilators, and other life-sustaining treatments or potentially scarce interventions. Principles underlying these guidelines, like saving the most lives, mitigating disparities, reciprocity to those who assume additional risk (eg, essential workers and clinical trial participants), and equal access may (...) compete with one another. We propose the use of a “categorized priority system” (also known as a “reserve system”) as an improvement over existing allocation methods, particularly because it may be able to achieve disparity mitigation better than other methods. (shrink)

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)

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)

The scope and type of property rights recognized over the effectiveness of antibiotics have a direct effect on how those claiming ownership engage in the exploitation and stewardship of this scarce resource. We examine the different property claims and rights the four major interest groups are asserting on antibiotics: (i) the inventors, (ii) those demanding that the resource be treated like any other transferable commodity, (iii) those advocating usage restrictions based on good stewardship principles and (iv) those considering the resource (...) as common heritage of humankind. (shrink)

According to luck egalitarianism, it is unjust if some are worse off than others through no fault or choice of their own. The most common criticism of luck egalitarianism is the ‘harshness objection’, which states that luck egalitarianism allows for too harsh consequences, as it fails to provide justification for why those responsible for their bad fate can be entitled to society's assistance. It has largely gone unnoticed that the harshness objection is open to a number of very different interpretations. (...) We present four different interpretations of the harshness objection in which the problem pertains to counterintuitive implications, badness of outcome, disproportionality, or inconsistency, respectively. We analyse and discuss appropriate luck egalitarian replies. Disentangling these different versions clarifies what is at the heart of this dispute and reveals the point of the harshness objection. We conclude that only the inconsistency version involves a durable problem for luck egalitarianism. (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)

We live in a market system and witness much economic inequality. Although such inequality may not be an essential characteristic of market systems, it seems historically inevitable. How we should evaluate this inequality, on the other hand, is contentious. I propose that bleeding heart libertarians provide the best diagnosis and prescription.

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)

In the wake of health and economic crises across the world, solidarity is emerging as both a moral imperative and urgent social goal. This book approaches solidarity as a political good, both a framework of power structures and grounds for moral motivation. The distinct approaches to public goods and social value demonstrate how social connectedness is intricately tied to the distribution of public goods, and the moral commitments that grow out of them. The essays in this book explore different features (...) of the political, moral and civic approaches to solidarity. They offer moral justification for solidarity, grounded in the intrinsic value of social connectedness and epistemic deference; propose structural accounts of solidarity as action against racial oppression, or as an effective non-moral framework; propose to redefine property relations, so as to capture and redistribute property’s social value, and envision public goods as both an instrument of civic relations and as a condition to well-rounded, meaningful human lives. By providing a series of thought-provoking debates about social obligations and justice, the book reestablishes solidarity and public goods as an urgent and timely topic. The chapters in this book were originally published as a special issue of the journal Critical Review of International Social and Political Philosophy. (shrink)

The topic of alienation has fallen out of fashion in social and political philosophy. It used to be salient, especially in socialist thought and in debates about labor practices in capitalism. Although the lack of identification of people with their working lives—their alienation as workers—remains practically important, normative engagement with it has been set back by at least four objections. They concern the problems of essentialist views, a mishandling of the distinction between the good and the right, the danger of (...) paternalistic impositions, and the significance of democratic authorization. This paper recasts the critique of alienation in a way that vindicates its importance for social and political philosophy and rebuts these objections. First, it provides an analytic framework to understand alienation—distinguishing its various conceptual, explanatory, and normative dimensions. Second, it accounts for the normative aspect of the critique of alienation by articulating it in terms of prudential and moral ideas of positive freedom regarding human flourishing and solidaristic empowerment. Finally, the normative account is developed further, and sharpened to respond to the four objections, through the introduction of the Dignitarian Approach—the view that we have reason to organize social life in such a way that we respond appropriately to the valuable features of individual human beings that give rise to their dignity. (shrink)

The ex ante Pareto principle has an intuitive pull, and it has been a principle of central importance since Harsanyi’s defence of utilitarianism. The principle has been used to criticize and refine a range of positions in welfare economics, including egalitarianism and prioritarianism. But this principle faces a serious problem. I have argued elsewhere :303-323 2017) that the concept of ex ante Pareto superiority is not well defined, because its application in a choice situation concerning a fixed population can depend (...) on how the members of that population are designated. I show in this paper that in almost all cases of policy choice, there will be numerous sets of rival designators for the same fixed population. I explore two ways that we might complete the definition of ex ante Pareto superiority. I call these the ‘supervaluationist’ reading and the ‘subvaluationist’ reading. I reject the subvaluationist reading as uncharitable, and argue that the supervaluationist reading is the most promising interpretation of the ex ante Pareto principle. I end by exploring some of the implications of this principle for prioritarianism and egalitarianism. (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)

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

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)

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.

Infants born to those resident in a particular state are generally granted automatic citizenship, which in most Global North states confers a range of privileges, and may therefore be seen as the u...

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)

In this article, I discuss whether the theory of justice as fairness famously proposed by John Rawls can justify the implementation of global principles of socioeconomic justice, contrary to what Rawls himself maintains. In particular, I dwell on the concept of the basic structure of society, which Rawls defines as “the primary subject of justice” and considers as a prerogative of domestic societies. In the first part, I briefly present Rawls’s theory of socio-economic justice and his account of justice between (...) peoples. I then proceed with the analysis of the cosmopolitan counterarguments that have been levelled against Rawls’s dualism between domestic and international justice, which mainly revolve around the outlining of a global basic structure as a consequence of globalisation. Between these two opposing poles, I also discuss the intermediate stance taken by those authors who maintain that the empirical dispute between a domestic and a global basic structure is misleading, because the pressing question is whether the unfair practices and norms that characterise the global economy demand the existence of a global basic structure, regardless of the fact that it already exists or not. Lastly, I collect some points, both theoretical and empirical, that have emerged from the analysis and I argue that the theoretical requirement of a global basic structure can have practical implications even if its existence is contradicted in empirical terms. (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)

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 paper addresses one particular controversy that has recently received much attention in political theory broadly, and in justice theory in particular: it concerns the role of distributive justice. The proponents of the so-called distributive paradigm argue that just distribution is the most basic aspect of justice. Their opponents claim that this is a misleading “picture” of justice. Instead, they argue for a concept of justice that is primarily concerned with the social status of persons. The distributive paradigm is confronted (...) with several different objections, which the Gosepath attempts to refute. At the same time, he further elucidates the function of distributive justice. The paper addressing the three most central differences/challenges, namely (i) the contested concept of goods, (ii) the contested concept of social relations, and (iii) the contested significance of political justice. (shrink)