Equality

The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. -/- Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the (...) claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. -/- This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought. (shrink)

Gideon Yaffe has recently argued that children should be subject to lower standards of criminal liability because, unlike adults, they ought to be disenfranchised. Because of their disenfranchisement, they lack the legal reasons enfranchised adults have to comply with the law. Here I critically consider Yaffe’s argument for such disenfranchisement, which holds that disenfranchisement balances children’s interest in self-government with adults’ interest in having an equal say over lawmaking. I argue that Yaffe does not succeed in showing that these two (...) values need to be balanced, nor that disenfranchising children is a justifiable method of achieving this balance. In my conclusion, I sketch an alternative contractualist approach to disenfranchising children that, like Yaffe’s, appeals to the implications that enfranchisement has for political relations among citizens, but unlike Yaffe’s, rests on empirical claims about the influence of parents on children’s voting patterns rather than on a priori claims regarding who has a rightful say over lawmaking. (shrink)

By reconstructing the eighteenth-century movement of the Italian Enlightenment, I show that Italy’s political fragmentation notwithstanding, there was a constant circulation of ideas, whether on philosophical, ethical, political, religious, social, economic or scientific questions—among different groups in various states. This exchange was made possible by the shared language of its leading illuministi— Cesare Beccaria, Ludovico Antonio Muratori, Francesco Maria Zanotti, Antonio Genovesi, Mario Pagano, Pietro Verri, Marco Antonio Vogli, and Giammaria Ortes—and resulted in four common traits. First, the absence of (...) a radical trend, such as the French materialist-atheist trend and British Deism, or religious reformation. Second, the rejection of inhumane laws and institutions, capital punishment, torture, war and slavery. Third, the idea of public happiness as the goal of good government and legislation. And fourth, the conception of the economy as a constellation where social capital, consisting of education, morality, and civility, plays a decisive role. I conclude that the Italian Enlightenment, not unlike the Scottish Enlightenment, was both cosmopolitan and local, which allowed its leading writers to develop a keen awareness of the complexity of society alongside a degree of prudence regarding the possibility and desirability of its modernization. (shrink)

In Liberalism’s religion, Laborde defends a liberal egalitarian position and tackles, from a new perspective, some issues dealt with in his republican writings. This article examines some of these issues, paying attention to the place that the recognition of identities occupies both in her republican and in her liberal theories, as well as the type of justification advanced in both cases. The article shows that the recognition of identities has gone from having a peripheral and instrumental role in her republican (...) writings to having a central role in her liberal theory. (shrink)

Individuals are owed equal respect. But on the basis of what property of individuals are they owed such respect? A popular Kantian answer —rational agency — appears less plausible in light of the growing psychological evidence that human choice is subject to a wide array of biases (framing, laziness, etc.); human beings are neither equal in rational agency nor especially robust rational agents. Defenders of this Kantian answer thus need a non-ideal theory of equal respect for rational agency, one that (...) takes seriously our characteristic deficiencies of practical rationality without junking the notion that rational agency entitles us to equal respect. This article defends an understanding of respect for rational agency wherein the object of such respect is individuals’ aspiration to rationally govern their lives. This understanding of respect for rational agency retains the core notion of respect as a kind of deference, directs respect at persons, has suitably egalitarian implications, and does not require us to deny the aforementioned psychological evidence regarding the infirmities of human rationality. (shrink)

As a fascinating study of global justice in Asia, this book presents a series of contributions reflecting upon the conditions of a greater involvement of East Asian traditions of thought in the debate on global justice. Including chapters on diverse issues such as global social inequalities, human rights practice and the functioning of international institutions, this book examines the political cultures of East Asia in order to help political theorists better appraise the distinctiveness of non‐Western ideas of justice. Confirming the (...) persistence of a strong social ethos, the contributions also demonstrate the long-lasting influence of Buddhism, Taoism and Confucianism in shaping East Asian public conceptions of justice. Bringing much needed non-Western voices to the global justice debate, this book will appeal to students and scholars of politics, law and philosophy, as well as activists involved in the global justice movement. (shrink)

Az alábbi tanulmány a Jugoszláv Kommunisták Szövetségének (JKSZ) nemzetiségi doktrínájáról és politikájáról, valamint a JKSZ egyik prominens vajdasági magyar teoretikusának, Rehák Lászlónak az idevágó írásairól szól. Rehák Lenin és Kardelj nyomán magyarázza a nemzetiségi kérdés összefüggését a gazdasággal. Habár a munkáiban nincs nyílt kritika az alkotmányos renddel és a politikával szemben, amellett érvelek, hogy ha összeszedjük az elszórt és valamicskét burkolt kritikai megjegyzéseit, világos, hogy elég jól látta a rezsim hibáit és igazságtalanságait.

The prominent call to legalise same-sex marriage in Australia raises questions concerning whether its achievement will result in amplified societal acceptance of lesbian, gay, bisexual, and transgender (LGBT) people, and on what grounds this acceptance will take place. Same-sex marriage may not challenge heteronormative and patriarchal features typically associated with marriage, and may serve to reinforce a hierarchy that promotes traditional marriage as the ideal relationship structure. This may result in only assimilationist acceptance of LGBT people. However, the consequence of (...) inclusion to marriage ought to reflect social acceptance of LGBTs as people worthy of equal treatment in dignity and in rights, regardless of perceived differences or similarities to a supposed majority standard. This article argues that justice would be best served by introducing and promoting a variety of State-sanctioned unions whilst simultaneously introducing same-sex marriage. This ‘pluralisation strategy’ would increase awareness and legitimacy of other relationship-recognition options, promoting respectful acceptance of LGBT and heterosexual people alike. (shrink)

Recent work on Alain Badiou and Jacques Rancière has rightly identified equality both as a central theme in their own thinking and as the key notion in contemporary radical political thought more broadly, but a focus on the differences between their respective accounts of equality has failed to clarify a major problem that they share. The problem is that human equality is said to rest on a particular human capacity, leaving Badiou's axiomatic equality and Rancière's assumed equality vulnerable to the (...) charge of having a blind spot for some of society's most vulnerable. This article introduces an alternative understanding of equality drawn from the thought of Jean-Luc Nancy, an equality that does not rely on a human capacity to guarantee or verify it but rests on Nancy's notion of sense. The article explores the advantages of Nancy's account of equality in relation to sense over and against an alternative reading that focuses on Nancy's evocation of the suffering human body, before addressing, in conclusion, the problems with which Nancy's idea of equality will have to grapple, and why, despite these problems, it is still preferable to the Badiouian and Rancièrian approaches. (shrink)

While many argue investment-based criteria for immigration are wrong or at least problematic, skill-based criteria remain relatively uncontroversial. This is normatively inconsistent. This article assesses three prominent normative objections to investment-based selection criteria for immigrants: (i) that they wrongfully discriminate between prospective immigrants (ii) that they are unfair, and (iii) that they undermine political equality among citizens. It argues that either skill-based criteria are equally susceptible to these objections, or that investment-based criteria are equally shielded from them. Indeed, in some (...) ways investment-based criteria are less normatively problematic than skill-based criteria. Given this analysis, the resistance to investment-based migration criteria, but not to skill-based criteria, is inconsistent. (shrink)

En este artículo discuto la relevancia que tiene el autorrespeto en la teoría de la justicia de Rawls. Para alcanzar dicho objetivo, en primer lugar examino las nociones de valor moral y mérito y su vinculación con el autorrespeto como forma de autovaloración. En segundo lugar, especifico las bases que sustentan el autorrespeto al interior de su teoría. Finalmente, discuto la función que tiene el autorrespeto en la justificación de los principios de la justicia como equidad.

Para quienes tengan interés en la filosofía moral y política contemporánea la obra de John Rawls es sin discusión una parada necesaria. De hecho, la tesis de Robert Nozick según la cual resulta imposible hacer filosofía moral y política sin considerar el marco ofrecido por Rawls, aunque parezca extrema, resulta bastante acertada. En gran medida el impacto de la obra de Rawls radica en su interés por ofrecer una teoría sustantiva de la justicia, teoría que hundiendo sus raíces en la (...) tradición de la filosofía sea capaz de orientarnos al momento de abordar las discusiones contemporáneas sobre justicia social. -/- En los trabajos que componen este libro el lector podrá encontrar una discusión actualizada sobre aquellos elementos que definen la base moral y política que Rawls presentó como fundamento de su teoría de la justicia. Al mismo tiempo, estos ensayos intentan construir un puente entre la justicia como equidad y otras tradiciones de la filosofía moral y política contemporánea. Para lograr este último fin, varios de los trabajos que aquí se presentan consideran las ideas de reconocimiento y autorrespeto como claves de interpretación de la obra de Rawls. (shrink)

The principle of equality before the law is often characterized as procedural or formal in nature. Recent scholarship has offered a more nuanced representation of this critique, maintaining that the principle is procedural in nature but emphasizing its instrumental value. This paper challenges that characterization, arguing that equality before the law is best interpreted as a foundational constitutional principle which manifests substantive restrictions on the content of legal rules. Equality before the law, as an independent constitutional principle, should not be (...) confused with the broader value of equality, nor with the rule of law: it incorporates aspects of both, mandating that legal subjects, including legal officials, be treated as prima facie equals in the creation, interpretation, and application of the law. As such, it in an integral normative foundation for the common law constitutional order. Any analysis of the common law constitution must adequately account for and give proper recognition to this foundational constitutional principle. (shrink)

Among the most persuasive arguments against hate speech bans was made by Ronald Dworkin, who warned of the threat to political legitimacy posed by laws that deny those subject to them adequ...

This paper argues that citizens have a basic right to invite family members and spouses into their society on the basis of Rawlsian egalitarian premises. This right is argued to be just as basic as other recognized basic rights, such as freedom of speech. The argument suggests further that we must treat immigration and family reunification, in particular, as central issues of domestic justice. The paper also examines the implications of these points for the importance of immigration in liberal domestic (...) justice and suggests avenues for further research on the interplay of considerations of justice towards citizens and non-citizens. (shrink)

Le rapport issu de la commission Bouchard-Taylor qualifie la laïcité qui s’est implantée au Québec comme étant « plus libérale que républicaine », car elle permet à tous les citoyens « d’exprimer leurs convictions religieuses dans la mesure où cette expression n’entrave pas les droits et libertés d’autrui ». Les régimes républicains y sont présentés comme ceux qui refoulent les différences ethnoculturelles, « en les laissant en marge », tandis que le multiculturalisme accorderait une place prioritaire à la diversité. Dans (...) cet essai, je présente la relation entre le républicanisme et le multiculturalisme sous un éclairage différent. (shrink)

Recognizing that offers of payment to research participants can serve various purposes—reimbursement, compensation, and incentive—helps uncover differences between participants that can justify differential payment of participants within the same study. Participants with different study-related expenses will need different amounts of reimbursement to be restored to their pre-participation financial baseline. Differential compensation can be acceptable when some research participants commit more time or assume greater burdens than others, or if inter-site differences affect the value of compensation. Finally, it may be permissible (...) to offer differential incentive payments if necessary to advance a study’s goals. We encourage investigators and Institutional Review Boards to think not only about whether to offer payment, in what amounts, and for what purpose, but also to consider whether differential payment can help promote the scientific and ethical goals of clinical research. (shrink)

Karl Marx states in Capital that “man, if not as Aristotle thought a political animal, is at all events a social animal” (Marx, 1992, 444). That Marx draws from Aristotle’s work has been long-recognized, but one could argue that Marx’s very conception of man—what he calls “species-being”—is a derivative of Aristotle’s theory of the good life. This article explores the Aristotelian underpinnings of Marx’s political philosophy and argues that Marx’s theory of species-being and human emancipation supervenes upon Aristotle’s theory of (...) eudaimonia. The consequence of such a rethinking suggests that the Aristotelian good life itself is possible only in the communist society of Marx’s imaginings and, as such, is a state that must be realized—whether by nature or revolution—for human flourishing. Inspired by Aristotle’s assertion that “friendship exists to the extent that what is just exists” (Aristotle, 1991a, 527), this article draws from several of Aristotle’s and Marx’s texts to situate man as an inherently social being, whose need of other men serves both to edify and realize a common end toward which the state is oriented: the life of virtuous activity performed by and in an association of equals. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

People with disabilities suffer from pervasive inequalities in employment, education, transportation, housing, and health care compared to those who are not disabled. Moreover, people with disabilities are often subject to unjustified stigma and pity. In this paper, I will explain why these disadvantages violate relational egalitarian principles of justice. As I will show, my argument can account for both kinds of inequality that disabled people face.

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional (...) and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

Tomarei no presente artigo o princípio da diferença contido na formulação do segundo princípio de justiça para instituições do liberalismo político de Rawls, entendido como a justiça como equidade, para tratar de tão controverso tópico que é a desigualdade social. Quais seus aspectos negativos ou positivos, se existentes? Devemos evitá-la pelos perjúrios que causa ou abraçá-la incondicionalmente por ser fruto de uma sociedade pluralista? As respostas jazem num deflacionamento do conceito de justiça, não mais aqui como metafisicamente embasada na tradição (...) – independente do ser humano e da sociedade –, mas como sendo “equitativo” (“fair”), como utilizado em jogos e demais empreendimentos do cotidiano. Assim, partindo de nossas convicções ponderadas Rawls desenvolve uma estrutura metodológica que simultaneamente garanta e concilie tanto a liberdade e igualdade dos cidadãos como o pluralismo advindo de um regime democrático constitucional justo –dicotomia sob a qual abordarei os temas supracitados. (shrink)

Decision-makers face severe uncertainty when they are not in a position to assign precise probabilities to all of the relevant possible outcomes of their actions. Such situations are common—novel medical treatments and policies addressing climate change are two examples. Many decision-makers respond to such uncertainty in a cautious manner and are willing to incur a cost to avoid it. There are good reasons for taking such an uncertainty-averse attitude to be permissible. However, little work has been done to incorporate it (...) into an egalitarian theory of distributive justice. We aim to remedy this lack. We put forward a novel, uncertainty-averse egalitarian view. We analyse when the aims of reducing inequality and limiting the burdens of severe uncertainty are congruent and when they conflict, and highlight practical implications of the proposed view. We also demonstrate that if uncertainty aversion is permissible, then utilitarians must relinquish a favourite argument against egalitarianism. (shrink)

Interview with Kai Nielsen conducted by David Rondel and Alex Sager.

This essay explores two largely distinct discussions about equality: the 'luck egalitarian' debate concerning the appropriate metric of equality and the 'equality and difference' debate which has focused on the need for egalitarianism to consider the underlying norms in light of which the abstract principle to 'treat equals equally' operates. In the end, both of these discussions point to the importance of political equality for egalitarianism more generally and, in the concluding section, an attempt is made to show how the (...) ideal of 'equal concern and respect' might best be pursued given the results of these important discussions. (shrink)

Human rights, as traditionally understood in the West, are grounded in an anthropocentric theory of personhood. However, as this chapter argues, such a stance is certainly not culturally universal; historically, it is derivable from a cultural orientation that is Greek in origin. Such an orientation conflates thought with language (logos), and identifies humans as uniquely deserving of moral consideration or standing to the exclusion of non-human knowers. The linguistic theory of thought impedes insight and understanding of both Indian and Western (...) contributions to political and moral thought. It is argued that the idea that we have rights by virtue of being human is problematic. In contrast, the chapter argues for an account of personal rights derivable from Patañjali’s philosophy. On a Patañjalian account, the rights necessary for the good of persons transcend species, sex, caste, race, class, age, ability, and sexual orientation. (shrink)

When it comes to improving the health of the general population, mHealth technologies with self-monitoring and intervention components hold a lot of promise. We argue, however, that due to various factors such as access, targeting, personal resources or incentives, self-monitoring applications run the risk of increasing health inequalities, thereby creating a problem of social justice. We review empirical evidence for “intervention-generated” inequalities, present arguments that self-monitoring applications are still morally acceptable, and develop approaches to avoid the promotion of health inequalities (...) through self-monitoring applications. (shrink)

In this article, I defend a proposal to cap the proportion of students admitted to elite colleges who were educated at elite, often private, schools to not more than the proportion of students who attend such schools in society as a whole. In order to defend this proposal, I draw on recent debates that pit principles of equality against principles of adequacy, and I defend the need for a pluralist account of educational fairness that includes both elements. I argue that (...) while equality best captures our convictions about unfairness in access to the instrumental and positional benefits of education, such as job prospects and college admission, adequacy best captures our convictions about unfairness in stunting the development of human talent and the intrinsic benefits of education. The proposal to cap the proportion of private school students at elite universities advances both of these, usually conflicting, principles because it permits unequal but efficient talent development through the vehicle of private tuition and elite schooling, and yet promises to seriously curtail the unfair positional instrumental benefits of private or elite schooling by having those students compete against each other and not students who did not attend elite schools. The policy also achieves its aim consistent with preserving some attractive aspects of parental choice. Towards the end of the article I consider a number of practical objections and an alternative proposal. (shrink)

In the 1960s Mancur Olson and Samuel Huntington suggested that the positive correlation between per capita income and the level of sociopolitical destabilization that they detected for low and middle income countries might be partly accounted for by the growth of the inequality associated with the economic and technological development in these countries. The empirical tests we perform generally support this hypothesis, but they also identify certain limits for such an explanation. Our tests reveal for low and middle income countries (...) a statistically significant correlation between GDP per capita and the economic inequality levels, but this correlation is not particularly strong. Earlier we found for the same countries significantly stronger positive correlations between GDP per capita and some important components of sociopolitical destabilization, such as the intensity of political assassinations, general strikes and anti-government demonstrations. It is quite clear that the strong association between the increase in the intensity of these components of sociopolitical destabilization and GDP per capita growth, can be explained by a much weaker tendency toward the growth of economic inequality only partly. In addition, our empirical tests suggest the presence of a certain threshold level of about 40 points on the Gini scale, after crossing which one can expect a radical increase in levels of sociopolitical destabilization in general, and the intensity of terrorist acts / guerrilla warfare and anti-government demonstrations in particular. According to the World Bank, the value of the Gini coefficient for Russia is now just in this zone, which suggests that the further growth of inequality in Russia could lead to an abrupt increase in political destabilization. (shrink)

Cadillac, sacs Louis Vuitton, montres Rolex, jacuzzis, caviar et champagne Dom Perignon : ces biens sont indéniablement luxueux. Au contraire, l’oxygène, le travail rémunéré ou l’eau ne sont pas considérés comme des luxes. L’histoire de l’économie regorge de biens qui ont perdu ou acquis un caractère luxueux (par exemple, le café, le thé ou le cacao). Qu’est-ce que le luxe ? La question de l’essence du luxe a été négligée par les philosophes qui se sont plutôt intéressés à la question (...) de la valeur morale du luxe. Nous débuterons par formuler la conception classique du luxe qui prévaut en économie : les objets luxueux sont des biens non nécessaires, c’est-à-dire superflus. La superfluité du luxe est analysée en termes d’accès aux biens: un bien est superflu lorsqu’il n’est accessible qu’à une minorité privilégiée. Cette définition camoufle deux conceptions distinctes du luxe : le luxe comme superfluité et le luxe comme privilège. Notre analyse révèlera que chacune de ces conceptions s’avère problématique. Nous explorerons ensuite une approche sémiotique du luxe en termes de symbole de la classe privilégiée. Nous conclurons en esquissant une nouvelle théorie : le luxe est l’extraordinaire dans l’ordinaire. (shrink)

The most prominent theories of rights, the Will Theory and the Interest Theory, notoriously fail to accommodate all and only rights-attributions that make sense to ordinary speakers. The Kind-Desire Theory, Leif Wenar’s recent contribution to the field, appears to fare better in this respect than any of its predecessors. The theory states that we attribute a right to an individual if she has a kind-based desire that a certain enforceable duty be fulfilled. A kind-based desire is a reason to want (...) something which one has simply in virtue of being a member of a certain kind. Rowan Cruft objects that this theory creates a puzzle about the relation between rights and respect. In particular, if rights are not grounded in aspects of the particular individuals whose rights they are, how can we sustain the intuitive notion that to violate a right is to disrespect the right-holder? I present a contractualist account of respect which reconciles the Kind-Desire Theory with the intuition that rights-violations are disrespectful. On this account, respect for a person is a matter of acknowledging her legitimate authority to make demands on the will and conduct of others. And I argue that kind-based desires authorize a person to make demands even if they do not correspond to that person’s well-being or other non-relational features. (shrink)

Among the many interesting problems considered in this book, I will center my commentary on two issues: (1) on the role of narrative reconstructions as an alternative to objectivist accounts of culture; (2) on the implications of her proposed reformulation of discourse ethics as interactive universalism for the dilemmas of multiculturalism. On the question of the dialogical-narrative reconstructions of identity, a combination of perspectives of participants as well as of external observers is suggested, instead of a shift from the latter (...) to the former. On the more difficult question of the political, legal and moral implications for democratic theory of forms of rational accommodation of cultural differences, I will consider the problem of justification of morality under conditions not only of radical cultural differences but of asymmetries in power and resources among the participants, which seem to present a problem for a model that presupposes a cooperative engagement and free uncoerced consent from all involved. (shrink)

Many scholars have suggested that Aristotle’s famous aphorism ‘treat equals equally, unequals unequally’ is a formal, and thus impractical, theory of equality. This dissertation aims to criticise the popular view that Aristotle’s theory of equality is purely formal and to develop and defend an interpretation which will pay attention to the substantive elements. The first chapter argues that Aristotle provides us with a spectrum from formal to substantive equality. At the formal end, we have the abstract principles of formal fairness (...) and proportionality, while at the substantive end we can find information for the designation of the appropriate variable of comparison between people or treatments in various domains of social interaction. The second chapter argues for an account of commensurability based on Ph. VII.4. I claim that, in any comparison, the term ‘equal’ should be predicated synonymously of the people or treatment compared, while at the same time they should not admit to difference in species; such an account, I suggest, is also compatible with Aristotle’s theory of economic value in EN V.5. The third chapter presents the Aristotelian account of equality in distributions. I focus on Aristotle’s theory of political distribution in Pol. III, where he puts forward two distinct criteria: political capacity and contribution to the polis. I also examine Aristotle’s moderate suggestion for equalisation of property by the means of public property and taxation. The fourth chapter criticises the popular line that Aristotle holds an inconsistent theory of corrective justice, because in EN V.4 he suggests that people should be treated as equal before the law, while in the first lines of EN V.5 he allows for hierarchical considerations. I eliminate this apparent inconsistency by claiming that the former deals with the compensatory, while the latter with the punitive element of corrective justice. The fifth chapter explores the role of equality within the private domain, mainly in the household and in various types of friendship. I propose that Aristotle offers two types of superiority, one based on actuality and a second based on function, which are not mutually exclusive. To summarise, by examining Aristotle’s responses to various problems about equality and hierarchy I conclude that although he possesses the theoretical tools to argue for ‘inalienable’ metaphysical equality of human beings which will make equality an individual entitlement or right, based on his principle of individuation in Metaph. Z.8, he prefers not to utilise this thesis for political purposes. Instead, he reduces equality to justice (inequality is unjust, since it violates principle of formal fairness which is fundamental for justice) and a set of pragmatical considerations (e.g. concord and the optimal outcome for the polis). He prefers to argue that equality or hierarchy of people or treatments is related to, and defined by, the particular institution that we examine. (shrink)

Based on a close reading of the debate between Rawls and Sen on primary goods versus capabilities, I argue that liberal theory cannot adequately respond to Sen’s critique within a conventionally neutralist framework. In support of the capability approach, I explain why and how it defends a more robust conception of opportunity and freedom, along with public debate on substantive questions about well-being and the good life. My aims are: to show that Sen’s capability approach is at odds with Rawls’s (...) political liberal version of neutrality; to carve out a third space in the neutrality debate; and to begin to develop, from Sen’s approach, the idea of public value liberalism as a position that falls within that third space.En me basant sur une lecture attentive du débat entre Rawls et Sen sur les biens premiers versus les capabilités, je soutiendrai que la théorie libérale est incapable, dans un cadre neutraliste conventionnel, de répondre adéquatement à des injustices dans le domaine de la santé. À partir de l’approche des capabilités, j’explique pourquoi et comment cette approche permet de défendre une conception plus robuste de l’opportunité et de la liberté, de même qu’un débat public sur des questions substantielles concernant le bien-être et la vie bonne. Mes objectifs sont : de clarifier le rapport entre le neutralisme de Rawls et sa défense des biens premiers,, de démontrer les implications de la critique des capabilités de Sen, et, d’esquisser une troisième position dans le débat sur la neutralité versus le perfectionnisme – à savoir, celle d’un perfectionnisme motivé par des considérations de légitimité. (shrink)