Algorithmic systems are increasingly used by state agencies to inform decisions about humans. They produce scores on risks of recidivism in criminal justice, indicate the probability for a job seeker to find a job in the labor market, or calculate whether an applicant should get access to a certain university program. In this contribution, we take an interdisciplinary perspective, provide a bird’s eye view of the different key decisions that are to be taken when state actors decide to use an (...) algorithmic system, and illustrate these decisions with empirical examples from case studies. Building on these insights, we discuss the main pitfalls and promises of the use of algorithmic system by the state and focus on four levels: The most basic question whether an algorithmic system should be used at all, the regulation and governance of the system, issues of algorithm design, and, finally, questions related to the implementation of the system on the ground and the human–machine-interaction that comes with it. Based on our assessment of the advantages and challenges that arise at each of these levels, we propose a set of crucial questions to be asked when such intricate matters are addressed. (shrink)

Efforts to promote equitable public policy with algorithms appear to be fundamentally constrained by the “impossibility of fairness” (an incompatibility between mathematical definitions of fairness). This technical limitation raises a central question about algorithmic fairness: How can computer scientists and policymakers support equitable policy reforms with algorithms? In this article, I argue that promoting justice with algorithms requires reforming the methodology of algorithmic fairness. First, I diagnose the problems of the current methodology for algorithmic fairness, which I call “formal algorithmic (...) fairness.” Because formal algorithmic fairness restricts analysis to isolated decision-making procedures, it leads to the impossibility of fairness and to models that exacerbate oppression despite appearing “fair.” Second, I draw on theories of substantive equality from law and philosophy to propose an alternative methodology, which I call “substantive algorithmic fairness.” Because substantive algorithmic fairness takes a more expansive scope of analysis, it enables an escape from the impossibility of fairness and provides a rigorous guide for alleviating injustice with algorithms. In sum, substantive algorithmic fairness presents a new direction for algorithmic fairness: away from formal mathematical models of “fair” decision-making and toward substantive evaluations of whether and how algorithms can promote justice in practice. (shrink)

I examine the main anticosmopolitan Rawslian argument, the ‘basic structure argument.’ It holds that distributive justice only applies to existing basic structures, there are only state basic structures, so distributive justice only applies among compatriots. Proponents of the argument face three challenges: 1) they must explain what type of basic structure relation makes distributive justice relevant only among compatriots, 2) they must explain why distributive justice (as opposed to allocative or retributive) is the relevant regulative concept for basic structures, and (...) 3) they must put forth a plausible concept of distributive justice. I show that Rawlsians support what I will call the ‘division of labor thesis’ to answer the first two challenges. Briefly, the division of labor thesis holds that distributive justice only becomes relevant where members of a division of labor jointly produce some socioeconomic product. To meet the third challenge, Rawlsians seem to accept what Elizabeth Anderson calls the ‘modern systemic concept of distributive justice’ – the idea that distributive justice organizes entire economic systems with respect to their distributive consequences or the relationships they maintain. I argue that if Rawlsians accept the systemic concept, they should reject the anticosmopolitan basic structure argument. (shrink)

As John Rawls makes clear in A Theory of Justice, there is a popular and influential strand of political thought for which brute luck – that is, being lucky in the so-called “lottery of life” – ought to have no place in a theory of distributive justice. Yet the debate about luck, desert, and fairness in contemporary political philosophy has recently been rekindled by a handful of philosophers who claim that desert should play a bigger role in theories of distributive (...) justice. In the present paper, we present the results of our attempts to fill in some of the missing empirical details of this debate. Our findings provide some preliminary evidence that, contrary to what most contemporary political philosophers have assumed, people are not as worried by natural luck as previously thought. Instead, people’s worries seem to be focused exclusively on inequalities generated by social luck. (shrink)

This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

Luck egalitarianism has come under a lot of criticism for its apparent harshness towards negligent victims of voluntary actions (the harshness objection) and its inability to respond to morally-acceptable voluntary acts that lead to disadvantage (the discrimination objection). This paper surveys a series of responses in the luck egalitarian literature, showing that for the most part each one is unable to respond, on its own, to the crux of the objections. These responses often face a dilemma: Either they must bite (...) the bullet on the objections to retain their luck egalitarian commitments, or they must propose a reply to the objection that diverges from their core luck egalitarian principles. In this paper, I advance a preliminary framework for grounding luck egalitarian theories of justice based upon a two-level model and what I shall call the Fact of Inherent Normativity. Two-level luck egalitarianism makes fundamental rights and basic needs de facto insensitive to responsibility at the first level, while retaining the scope for responsibility for the distribution of second-level goods. The account remains distinctly luck egalitarian, while leaving scope for the consideration of rights, respect, and a host of other morally relevant considerations within the luck egalitarian framework. Luck egalitarianism, properly understood as a two-level theory, can successfully respond to objections against its harshness and propensity to discriminate. (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)

This paper examines the link between political liberties and social equality, and contends that the former are constitutive of, i.e. necessary to secure, the latter. Although this constitutive link is often assumed in the literature on political liberties, the reasons why it holds true remain largely unexplored. Three such reasons are examined here. First, political liberties are constitutive of social equality because they bestow political power on their holders, leaving disenfranchised individuals excluded from decisions that are particularly pervasive, coercively enforced, (...) hard to avoid, monopolistic, and final. Second, they are constitutive of social equality due to their positional value, such that those who are denied such liberties are socially downgraded because and to the extent that others enjoy them. Third, they are constitutive of social equality due to their expressive value, in the sense that, by disenfranchising some individuals, the state publicly fails to recognize their equal moral agency. While unpacking these reasons, we address some criticisms of this constitutive link recently raised by Steven Wall and Jason Brennan. (shrink)

The range of opportunities people enjoy in life largely depends on social, biological, and genetic factors for which individuals are not responsible. Philosophical debates about equality of opportunities have focussed mainly on addressing social determinants of inequalities. However, the introduction of human bioenhancement should make us reconsider what our commitment to equality entails. We propose a way of improving morally relevant equality that is centred on what we consider a fair distribution of bioenhancements. In the first part, we identify three (...) main positions in the debate on bioenhancement and equality, and we show how each of them fails to meet the demands of a serious commitment to equality. In the second part, we formulate a new proposal that we think better promotes equality of opportunities: people from disadvantaged socio-economic backgrounds should be given access to bioenhancements while people from privileged socio-economic background should be prohibited from using them. We argue that those who are concerned about the inequality implications of bioenhancement should embrace this solution, rather than reject bioenhancement. (shrink)

Most theories of justice rest on the idea that emotions need to be contained or set aside and that rationality serves as the best, if not exclusive, criterion for identifying the principles of a fair distribution. In recent years, however, two important claims have been made. One is that rationality and emotions are not in conflict with one another, but should be conceived of as strictly interconnected; the other is that social justice is not just about distribution, but also – (...) or especially – about social relations. This paper aims to bridge these claims and argues that (a) the role of emotions should be recognised by theories of justice, as it is compatible with the importance such theories attribute to rationality, and (b) an inquiry into emotions is particularly important to investigate the socio-relational dimension of justice. Moreover, the paper claims that (c) in order to adequately investigate the role of emotions in social justice, it is important to acknowledge that emotions are structurally mediated and shaped by powerful transformative forces, among which technologies – especially so-called socially disruptive technologies (SDTs) – prove to be particularly relevant. The paper argues that SDTs have a fundamental role in shaping social relations, shared commitments, and the emotions that follow from them or enable them. (shrink)

The increasing implementation of and reliance on machine-learning (ML) algorithms to perform tasks, deliver services and make decisions in health and healthcare have made the need for fairness in ML, and more specifically in healthcare ML algorithms (HMLA), a very important and urgent task. However, while the debate on fairness in the ethics of artificial intelligence (AI) and in HMLA has grown significantly over the last decade, the very concept of fairness as an ethical value has not yet been sufficiently (...) explored. Our paper aims to fill this gap and address the AI ethics principle of fairness from a conceptual standpoint, drawing insights from accounts of fairness elaborated in moral philosophy and using them to conceptualise fairness as an ethical value and to redefine fairness in HMLA accordingly. To achieve our goal, following a first section aimed at clarifying the background, methodology and structure of the paper, in the second section, we provide an overview of the discussion of the AI ethics principle of fairness in HMLA and show that the concept of fairness underlying this debate is framed in purely distributive terms and overlaps with non-discrimination, which is defined in turn as the absence of biases. After showing that this framing is inadequate, in the third section, we pursue an ethical inquiry into the concept of fairness and argue that fairness ought to be conceived of as an ethical value. Following a clarification of the relationship between fairness and non-discrimination, we show that the two do not overlap and that fairness requires much more than just non-discrimination. Moreover, we highlight that fairness not only has a distributive but also a socio-relational dimension. Finally, we pinpoint the constitutive components of fairness. In doing so, we base our arguments on a renewed reflection on the concept of respect, which goes beyond the idea of equal respect to include respect for individual persons. In the fourth section, we analyse the implications of our conceptual redefinition of fairness as an ethical value in the discussion of fairness in HMLA. Here, we claim that fairness requires more than non-discrimination and the absence of biases as well as more than just distribution; it needs to ensure that HMLA respects persons both as persons and as particular individuals. Finally, in the fifth section, we sketch some broader implications and show how our inquiry can contribute to making HMLA and, more generally, AI promote the social good and a fairer society. (shrink)

Luck egalitarianism provides a reason to object to conditionality in health incentive programmes in some cases when conditionality undermines political values such as solidarity or inclusiveness. This is the case with incentive programmes that aim to restrict access to essential healthcare services. Such programmes undermine solidarity. Yet, most people's lives are objectively worse, in one respect, in non-solidary societies, because solidarity contributes both instrumentally and directly to individuals' well-being. Because solidarity is non-excludable, undermining it will deprive both the prudent and (...) the imprudent citizens of its goods. Thereby, undermining solidarity can make prudent citizens worse off than they would have otherwise been, out of no fault or choice of their own, but rather as a result of somebody else's imprudent choice. This goes against the spirit of luck egalitarianism. Therefore (luck egalitarian) justice can require us to save the imprudent and avoid conditionality in access to essential healthcare services. (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)

By meeting needs for individualized love and relatedness, the care we receive deeply shapes our social and economic chances and therefore represents a form of luck. Hence, distributive justice requires a fair distribution of care in society. I look at different ways of ensuring this and argue that full redistribution of care is beyond our reach. I conclude that a strong individual morality informed by an ethics of care is a necessary complement of well-designed institutions.

Three claims about love and justice cannot be simultaneously true and therefore entail a paradox: (1) Love is a matter of justice. (2) There cannot be a duty to love. (3) All matters of justice are matters of duty. The first claim is more controversial. To defend it, I show why the extent to which we enjoy the good of love is relevant to distributive justice. To defend (2) I explain the empirical, conceptual and axiological arguments in its favour. Although (...) (3) is the most generally endorsed claim of the three, I conclude we should reject it in order to avoid the paradox. (shrink)

Research Articles Lloyd P. Gerson, Social Philosophy and Policy, FirstView Article.

In his Democratic justice and the social contract, Weale presents a distinctive contingent practice-dependent model of ‘democratic justice’ that relies heavily on a condition of just social and political relations among equals. Several issues arise from this account. Under which conditions might such just social and political relations be realised? What ideal of equality is required for ‘democratic justice’? What are its implications for the political ideal of citizenship? This paper focuses on these questions as a way to critically reconsider (...) Weale’s model. After presenting Weale’s procedural constructivism, I distinguish his model from an institutional practicedependent model, one salient example of which is Rawls’s political constructivism. This distinction allows for a formulation of the social and political equality required for justice in each case. The contingent model assumes that an equality of ‘status’ will generate just social practices, yet it fails to recognise that an equality of ‘role’ is also important to ensure citizens’ compliance. The paper ultimately seeks to show that the contingent model is insufficient to ensure that just social practices will become stable. (shrink)

This paper argues that the inheritance of wealth must be grounded on reasons other than the defense of the testator’s right to bequeath or that of an heir’s alleged moral right to receive inheritance. It asserts that the accepted approach in anglophone political philosophy about the justice of inheritance along the framework of ‘justice in transfer’ is misguided. Taking _Rest_ land inheritance in Ethiopia as a case study, it defends a system of corporate ownership of land by the descent group (...) with an internal limitation put on the absoluteness of individual titles. Moreover, it submits, inheritance is permissible on reasons that (a) it must relate to preserving equality of opportunity and of a fair playing field, and (b) it ought to be predicated on a more expansive conception of kinship than is customarily accepted in Western societies. As land becomes progressively scarce, the evolution of ownership from private to family and then to corporate ownership signifies a sound interpretation of what it means to leave enough and as good for others to appropriate. (shrink)

El igualitarismo de la suerte es una teoría de justicia distributiva que incluye consideraciones de responsabilidad atributiva individual para definir las obligaciones distributivas. Se presenta como un intento de recomponer cierta consistencia interna a la teoría rawlsiana y evitar algunas de sus consecuencias “inequitativas”. El artículo defiende la consistencia interna del proyecto rawlsiano sin necesidad de incluir un criterio sensible a la responsabilidad atributiva individual, ya que la inclusión de tal criterio resultaría ilegítima desde el punto de vista rawlsiano.

El objetivo de este artículo es defender el valor normativo de un principio de igualdad de oportunidades para influir políticamente en contra de un principio que las distribuya de manera desigual pero beneficiando a los peor situados. Para ello, se muestra que la influencia política es un bien de un tipo especial que permite rechazar la objeción de la nivelación hacia abajo y que la igualdad política, aunque pueda ser derrotada por consideraciones epistémicas, es absolutamente necesaria para criticar aspectos inequitativos (...) de una distribución desigual. The main objective of this article is to defend the normative value of a principle of equal opportunities to politically influence against a principle which distributes them unequally but improving the least advantaged position. In order to do that, the article argues that political influence is a special kind of good which is able to reject the leveling down objection and that political equality, although it could be defeated by epistemic considerations, preserves a prima facie value. (shrink)

In this paper, we take up the call to further examine structural injustice in health, and racial inequalities in particular. We examine the many facets of racism: structural, interpersonal and institutional as they appeared in the COVID-19 pandemic in the UK, and emphasize the relevance of their systemic character. We suggest that such inequalities were entirely foreseeable, for their causal mechanisms are deeply ingrained in our social structures. It is by recognizing the conventional, un-extraordinary nature of racism within social systems (...) that we can begin to address socially mediated health inequalities. (shrink)

In this paper, we start by comparing the two agents, Ann and Bob, who are involved in two car crashes. Whereas Ann crashes her car through no fault of her own, Bob crashes as a result of reckless driving. Unlike Ann, Bob is held criminally responsible, and the insurance company refuses to cover the car’s damages. Nonetheless, Ann and Bob both receive emergency hospital treatment that a third party covers, regardless of any assessment of personal responsibility. What warrants such apparent (...) exceptionalism with respect to personal responsibility in the healthcare context? We turn our attention to an understudied aspect of the debate on personal health responsibility, namely, the conceptualisation of the person in need of emergency hospital treatment. Drawing on the research of Joshua Knobe and Shaun Nichols, we propose that a context-dependent conceptualisation of the person may help explain a reluctance to ascribe responsibility to the individual for negative health outcomes. (shrink)

In the last two decades, an ever-increasing number of scholars have challenged the conceptual borders of political philosophy and the supposed universalism of its normative pre-commitments. Surprisingly enough, the normative underpinnings of this debate have had very little impact on contemporary disputes about pluralism. This article asks how contemporary disputes about the conceptual borders of political theory can help in constructing a more plural theory of pluralism. It shows that such contributions inspire three ways of constructing a more plural political (...) theory of pluralism: a self-transformative approach, a dialogical approach and a pre-relational approach. While all three approaches progress towards less exclusionary theories of pluralism, I argue that a pre-relational approach can lead to a normative theory that is more plural than the alternatives. (shrink)

Drawing on feminist labour law and political economy literature, I argue that it is crucial to interrogate the personal and territorial scope of labour. After discussing the “commodification” of care, global care chains, and body work, I claim that the territorial scope of labour law must be expanded beyond that nation state to include transnational processes. I use the idea of social reproduction both to illustrate and to examine some of the recurring regulatory dilemmas that plague labour markets. I argue (...) that unpaid care and domestic work performed in the household, typically by women, troubles the personal scope of labour law. I use the example of this specific type of personal service relation to illustrate my claim that the jurisdiction of labour law is historical and contingent, rather than conceptual and universal. I conclude by identifying some of the implications of redrawing the territorial and personal scope of labour law in light of feminist understandings of social reproduction. (shrink)

The most promising recent attempt to rethink both Discourse Ethics (especially Rawls and Habermas) and Kantian deontology is found in the work of Rainer Forst. This paper suggests the strength of the latter lies in its shift from a theory of justice to a theory of injustice: from the question of what legitimates claims that seek normative consensus, to claims that argue the normative status quo is problematic. In Forst’s idiom: claims arguing the justifications behind that status quo are unacceptable. (...) Yet the association of injustice with justificatory inequality—disparities in people’s capacity to either demand or present reasons—ends up tracking not injustice but mere disagreement. In so doing this theory effectively exposes the broader problem of discourse ethics: its conception of injustice as a (negative) quality of discursive conduct rather than of social relations. At the same time, Forst’s theory also effectively implies a more wholesale rejection of the deontological interpretation of dignity than his reading of Kant suggests. This dual-impasse points to an alternative albeit latent conception of injustice, offering a more promising starting-point for Critical Theory: Injustice understood not as dignity-violations, but as forms of social interdependence predicated on turning certain people systemically vulnerable. (shrink)

One of the most pressing and debated issues in contemporary sport is the inclusion of transgender athletes in competition. This is especially the case of transgender women who seek to compete in th...

Sufficientarians claim that what matters most is that people have enough. I develop and defend a revised sufficientarian conception of justice. I claim that it furnishes the best specification of a general humanitarian ideal of social justice: our main moral concern should be helping those who are badly off in absolute terms. Rival humanitarian views such as egalitarianism, prioritarianism and the difference principle face serious objections from which sufficientarianism is exempt. Moreover, a revised conception of sufficientarianism can meet the most (...) prominent undefeated challenges to the view. I contend that prevailing versions of sufficientarianism have not satisfactorily defined the sufficiency threshold, and so I offer an original specification of the threshold. I also address perhaps the most common objection to sufficientarianism, namely that sufficientarian regimes will channel all of society's resources towards elevating people to the sufficiency threshold regardless of the gains foregone by those above the threshold. (shrink)

The article reviews the recent debate about workplace democracy. It first presents and critically discusses arguments in favor of democratizing the firm that are based on the analogy with states, meaningful work, the avoidance of unjustified hierarchies, and beneficial effects on political democracy. The second part presents and critically discusses arguments against workplace democracy that are based on considerations of efficiency, the difficulties of a transition towards democratic firms, and liberal commitments such as the rights of employees and owners to (...) work for or invest in nondemocratic firms. The conclusion summarizes the debate and argues that experiments with democratic workplaces as what Erik Olin Wright calls “real utopias” could deliver new insights and thus move the discussion forward. (shrink)

The aim of this paper is to advance our understanding of the normative grammar of the concept of democracy by distinguishing two levels at which a political concept may play a normative function, a...

Politics, Philosophy & Economics, Volume 21, Issue 3, Page 269-290, August 2022. This paper argues that libertarianism—and only libertarianism—can vindicate immigration's status as a human right whose protection is morally required in nearly all circumstances. Competing political theories such as liberal egalitarianism fail to rule out significant immigration restrictions in a range of realistic conditions. We begin by outlining the core tenets of libertarianism and their implications for immigration policy. Next, we explain why arguments that appeal to alternative principles are (...) unable to provide robust justification for open borders. We conclude by considering whether our argument vindicates libertarianism or undermines open borders. (shrink)

This paper argues that libertarianism—and only libertarianism—can vindicate immigration's status as a human right whose protection is morally required in nearly all circumstances. Competing political theories such as liberal egalitarianism fail to rule out significant immigration restrictions in a range of realistic conditions. We begin by outlining the core tenets of libertarianism and their implications for immigration policy. Next, we explain why arguments that appeal to alternative principles are unable to provide robust justification for open borders. We conclude by considering (...) whether our argument vindicates libertarianism or undermines open borders. (shrink)

The article aims to bridge divides between political theory and management and organization studies in theorizing workplace democracy. To achieve this aim, the article begins by introducing a new definition of democracy which, it is contended, is better suited than mainstream accounts to highlight the democratizing potential of employee involvement. It then defines employee involvement as an offshoot of early twentieth-century humanistic psychologies, from which it inherits an emancipatory ambition. In a third step, the article presents employee involvement as a (...) set of organizational practices liable to transform dominant patterns of authority and social interaction in the workplace. The article concludes by contending that, apart from representation/participation and the employee’s voice, employee involvement must be considered the third necessary pillar of workplace democracy, endowed with distinctive normative features that neither representation/participation nor voices can aptly capture. (shrink)

Journal of Social Philosophy, EarlyView.

In a little noted passage in A Theory of Justice, John Rawls argued that genetic intervention in the traits of offspring may be morally required as a matter of distributive justice. Given that the “greater natural assets” of each “enables him to pursue a preferred plan of life[,]” Rawls wrote, the parties to the original position “want to insure for their descendents the best genetic endowment.…Thus over time a society is to take steps at least to preserve the general level (...) of natural abilities and to prevent the diffusion of serious defects.…The pursuit of reasonable policies in this regard is something that earlier generations owe to later ones.” Whether biological enhancement actually is a moral obligation we owe to future generations is a question that I have taken up elsewhere, but which lies beyond my scope here. If we agree with Rawls that some measure of safe and effective genetic intervention may be required as a matter of justice, it stands to ask how the distribution of genetic goods – that is, the hereditary basis of human traits – should be carried out. (shrink)

Why Does Inequality Matter?, by ScanlonT.M.. New York: Oxford University Press, 2018. Pp. ix + 170.

What kind of equality should we value and why? Current debate centres around whether distributive equality is valuable. However, it is not the only (potentially) morally significant form of equality. David Miller and T. M. Scanlon have emphasised the importance of social equality—a strongly egalitarian notion distinct from distributive equality, and which cannot be reduced to a concern for overall welfare or the welfare of the worst-off. However, as debate tends to focus on distribution, social equality has been neglected and (...) we do not have a clear understanding of what it is and why it might be valuable. This paper aims to address this gap. (shrink)

Many social gradients in health appear steeper for men than for women. I refer to this as the “Steepness Puzzle.” This paper explores the ethical implications of this Puzzle. First, it identifies potential explanations for the Steepness Puzzle, including methodological problems. Second, it highlights two harms associated with the methodological explanation: the consequences of biased epistemic practices and the marginalization of women. It also demonstrates how attempts to flatten the gradients in health could disproportionately favor men or reinforce troubling gendered (...) norms. Finally, I suggest ways to address the methodological problems underlying the Puzzle. (shrink)

In this paper I argue that certain ways in which the relationship among discrimination, emotions and health is presented can undermine equity. I identify a model of this relationship the discrimination-emotion-health model - and claim that while the model is important for understanding the detrimental impact that discrimination and oppression can have on emotions and health, certain implications of the model are troubling. I identify six critiques of the model, and show that equity could be undermined, for example, when stereotypes (...) of the oppressed are reinforced and the experiences of the privileged are normalized. I then assess the implications of my analysis of the model and its critique for a framework of health equity, demonstrating what such a framework would need to look like in order for it to best represent discrimination as a psychosocial determinant of health. (shrink)

L’analyse empirique des inégalités porte en général sur les ressources, tandis que les théories philosophiques de la justice se divisent entre celles qui se concentrent sur les ressources et les opportunités, d’un côté, et celles qui se focalisent sur les relations sociales, de l’autre. Cet article propose une représentation de la société qui intègre à la fois les ressources et les relations sociales au sein d’un réseau d’interactions sociales qui déterminent dans quelle mesure les individus s’épanouissent ou non au cours (...) de leur vie. Cette représentation invite à repenser l’analyse des inégalités et de la justice sociale, et suggère qu’il est possible d’identifier des tensions et des synergies entre les différentes composantes du réseau social. (shrink)

This article defends the principle of giving a fresh start to individuals who come to consider that they have mismanaged their share of resources at an earlier stage of their life. The first part challenges the ethical intuition that it would be unfair to tax the steadfast frugal in order to help the regretful spendthrift and argues that the possibility of changing one’s mind is an important freedom. The second part examines the disincentives induced by fresh-start policies. It shows that (...) even when individuals can strategically misrepresent their preferences, there remains a significant difference between unforgiving and forgiving policies. It shows that the optimal policy does not only redistribute funds, but also puts protective constraints on early individual decisions (for example, compulsory saving through social security taxes). Key Words: fairness • freedom • fresh start • incentives • preference changes • regret. (shrink)

Seat belt mandates seem like a paradigmatic case of justified paternalism. Even those who generally object to paternalism often concede that seat belt laws are justified. Against this near-consensus in favor of mandates, I argue that seat belt laws are unjust and public officials should not enforce them. The most plausible exceptions to a principle of anti-paternalism do not justify seat belt mandates. Some argue that seat belt mandates are not paternalistic because unbelted riders are not fully autonomous. Others claim (...) that the decision to ride unbelted harms other people. Yet these attempts to defend seat belt mandates on non-paternalistic grounds cannot overcome the case against seat belt mandates. I therefore conclude that even seat belt mandates are unjust. With this comprehensive case against seat belt mandates, I demonstrate the more general difficulties in justifying any form of coercive paternalism. (shrink)

_ Source: _Page Count 24 Seat belt mandates seem like a paradigmatic case of justified paternalism. Even those who generally object to paternalism often concede that seat belt laws are justified. Against this near-consensus in favor of mandates, I argue that seat belt laws are unjust and public officials should not enforce them. The most plausible exceptions to a principle of anti-paternalism do not justify seat belt mandates. Some argue that seat belt mandates are not paternalistic because unbelted riders are (...) not fully autonomous. Others claim that the decision to ride unbelted harms other people. Yet these attempts to defend seat belt mandates on non-paternalistic grounds cannot overcome the case against seat belt mandates. I therefore conclude that _even_ seat belt mandates are unjust. With this comprehensive case against seat belt mandates, I demonstrate the more general difficulties in justifying any form of coercive paternalism. (shrink)

It has been common for researchers and commentators within the discipline of Social and Public Policy to evoke Rawlsian theories of justice. Yet some now argue that the contractualist tradition cannot adequately incorporate, or account for, relations of care, respect and interdependency. Though contractualism has its flaws this article proposes that we should not reject it. Through a critique of one of its most esteemed critics, Martha Nussbaum, it proposes that contractualism can be defended against the capabilities approach she prefers. (...) The article concludes by suggesting how and why the moral philosophy of Thomas Scanlon offers a basis for reconciling the strengths of a contractualist, egalitarian liberalism with those of Nussbaum’s capabilities approach. (shrink)

Dignity may just be the most promiscuous normative abstraction. This article, informed by dignity’s historical variability, political theoretic multipurpose, and conflicting jurisprudence, focuses on a particular but influential invocation of the term: dignity as the normative ground for the ‘capabilities approach’ model of social justice. We ask whether or not the CA, in particular the influential version propounded by philosopher Martha Nussbaum, requires dignity as its foundational premise, and whether or not dignity may be more costly than beneficial for the (...) CA’s vision of a minimally just society. The first section of this article rehearses the warrants of and criticisms against the dignity-basis of Nussbaum’s CA. We canvass the relatively sparse scholarship on dignity within the CA to situate our contribution. The next two sections are case studies, demonstrating dignity’s shortcomings for assessing and regulating sex and abortion, respectively. The fourth section rebuts two possible objections to our criticisms of dignity. The fifth and final section gestures toward another normative abstraction, ‘minimum conditions of individuation’, less polysemic than dignity, which might alternatively ground the CA. (shrink)