Basic liberty, according to Rawls's first principle of justice, is not to be sacrificed for other values such as wealth. And, according to his second principle of justice, the material well-being of the worst-off members of society is not to be sacrificed to benefit better-off members of society. These trade-offs would be unjust, according to Rawls, no matter how small the sacrifice or how large the offsetting benefit. A decision-maker conforming to Rawls's theory, who is unwilling to sacrifice some values (...) in favor of others, has lexical preferences. Lexical preferences, however, are not encountered in studies of consumer demand for market goods. Since goods trade off within the range of choices studied in demand theory, it seems to economists that political values ought to trade off as well. (shrink)

This paper shows an alternative way in which compatriot partiality could be justified within the framework of global distributive justice. Philosophers who argue that compatriot partiality is similar to racial partiality capture something correct about compatriot partiality. However, the analogy should not lead us to comprehensively reject compatriot partiality. We can justify compatriot partiality on the same grounds that liberation movements and affirmative action have been justified. Hence, given cosmopolitan demands of justice, special consideration for the economic well-being of your (...) nation as a whole is justified if and only if the country it identifies is an oppressed developing nation in an unjust global order. This justification is incomplete. We also need to say why Person A, qua national of Country A, is justified in helping her compatriots in Country A over similarly or slightly more oppressed non-compatriots in Country B. I argue that Person A’s partiality towards her compatriots admits further vindication because it is part of an oppressed group’s project of self-emancipation, which is preferable to paternalistic emancipation. Finally, I identify three benefits in my justification for compatriot partiality. First, I do not offer a blanket justification for all forms of compatriot partiality. Partiality between members of oppressed groups is only a temporary effective measure designed to level an unlevel playing field. Second, because history attests that sovereign republics could arise as a collective response to colonial oppression, justifying compatriot partiality on the grounds that I have identified is conducive to the development of sovereignty and even democracy in poor countries, thereby avoiding problems of infringement that many humanitarian poverty alleviation efforts encounter. Finally, my justification for compatriot partiality complies with the implicit cosmopolitan commitment to the realizability of global justice theories. (shrink)

Abstract:This article sets out two central theses. Both theses primarily involve a fundamental criticism of current contractarian business ethics (CBE), but if these can be sustained, they also constitute two boundary conditions for any future contractarian theory of business ethics. The first, which I label the self-discipline thesis, claims that current CBE would gain considerably in focus if more attention were paid to the logic of the social contract argument. By this I mean the aims set by the theorist and (...) method of reasoning by which normative conclusions are drawn in the contract model. The second, to which I refer as the domain-specificity thesis, argues that current CBE needs to be better adapted to its field of application and the specific goals which it aims to establish. I will substantiate these two theses on the basis of a comparative analysis of CBE with two earlier families of social contract theories. (shrink)

Uses Buddhist philosophy to discuss diversity as a value, one that can contribute to equity in a globalizing world.

The arc of the moral universe -- Structure, choice, and legitimacy: Locke's theory of the state -- Democratic equality -- A more democratic liberalism -- For a democratic society -- Knowledge, morality and hope: the social thought of Noam Chomsky: with Joel Rogers -- Reflections on Habermas on democracy -- A matter of demolition?: Susan Okin on justice and gender -- Minimalism about human rights: the most we can hope for? -- Is there a human right to democracy? -- Extra (...) republicam nulla justitia?: with Charles Sabel. (shrink)

El derecho a migrar, como el derecho a la salud del migrante, se encuentran reconocidos en la Ley de Migraciones Nro. 25871/2003 de Argentina. Dicha ley constituye un avance legislativo en derechos humanos; resultado de un largo proceso constituyente, deliberativo, que dio lugar a un modelo inclusivo de migración sin precedentes internacionales en su momento. Sin embargo, recientemente asistimos a un giro en políticas migratorias (DNU 70/2017). Como consecuencia, se produce un retroceso en derechos sociales y políticos. En lo que (...) hace al derecho a la salud, la instauración de políticas neoconservadoras (Cobertura Universal de la Salud –CUS-) impulsó leyes provinciales (Ley 6119/2019) destinadas a exigir seguros pagos de salud para migrantes, contrarios a nuestra constitución. El objetivo del presente trabajo es analizar las raíces de éstos cambios en las normativas citadas sobre migraciones y salud; aplicando un marco de justicia social que nos permita comprender, críticamente, cómo la bifurcación de políticas distributivas y de reconocimiento en las mismas legislaciones habilitó el desarrollo de políticas neoconservadoras impuestas a través de decretos autoritarios; cuyas consecuencias trascienden la esfera de los migrantes, haciendo peligrar al mismo sistema de salud argentino como bien público. (shrink)

Moral egalitarianism will depend on one of two basic ideas. The first is the idea of equality itself. We might believe that it is a good thing if different people have equal shares of resources, or if their lives score equally well in terms of whatever makes lives valuable, at least if there is no reason based on some other moral value for one person to do better than the other. Equality is a relationship between the lives of different people. (...) This version of egalitarianism claims that the existence of the relationship makes an outcome better. It attributes value to relations between lives rather than to the content of lives. (shrink)

Hun Chung argues for a theory of distributive justice – ‘prospect utilitarianism’ – that overcomes two central problems purportedly faced by sufficientarianism: giving implausible answers in ‘lifeboat cases’, where we can save the lives of some but not all of a group, and failing to respect the axiom of continuity. Chung claims that prospect utilitarianism overcomes these problems, and receives empirical support from work in economics on prospect theory. This article responds to Chung's criticisms of sufficientarianism, showing that they are (...) misplaced. It then shows that prospect utilitarianism faces independent problems, since it too requires a threshold, which Chung bases on the idea of ‘adequate functioning’. The article shows that there are problems with this as a threshold, and that it is not empirically supported by prospect theory. (shrink)

The idea of using responsibility in the allocation of healthcare resources has been criticized for, among other things, too readily abandoning people who are responsible for being very badly off. One response to this problem is that while responsibility can play a role in resource allocation, it cannot do so if it will leave those who are responsible below a “sufficiency” threshold. This paper considers first whether a view can be both distinctively sufficientarian and allow responsibility to play a role (...) even for those who will be left with very poor health. It then draws several further distinctions that may affect the application of responsibility at this level. We conclude that a more plausible version of the sufficientarian view is to allow a role for responsibility where failure to do so will leave someone else who is not responsible below the sufficiency threshold. However, we suggest that individuals must exhibit “sufficient responsibility” in order for this to apply, involving both a sufficient level of control and an avoidable failure to respond adequately to reasons for action. (shrink)

Se presenta aquí brevemente la teoría de la justicia elaborada por Rawls, primeramente sobre una base moral, y luego (en el llamado segundo Rawls) la teoría de justicia desde una perspectiva política, con la que Rawls intenta justificar también la existencia del Estado, mediante un contrato social. Se analizan después las primeras críticas realizadas a su teoría. Se sostiene la tesis de que la conveniencia se convierte, sin desearlo, en utilidad, en Rawls, y ésta se convierte en sinónimo de justicia. (...) Se critica esta concepción dado que la elección hecha por la mayoría, para la conveniencia de la mayoría, no hace a una ley justa. Se advierte, además, que la idea de la igualdad considerada, sin más, sinónimo de justicia social, requiere una profunda reflexión. Se realiza, pues, un análisis de los presupuestos de la idea de justicia rawlsiana en cuanto parece identificarse con la idea de utilidad general y distorsionándose la misma idea de justicia. (shrink)

To what extent can we as a community legitimately require individuals to contribute to producing public goods? Most of us think that, at least sometimes, refusing to pay for a public good that you have enjoyed can involve a kind of 'free riding' that makes it wrong. But what is less clear is under exactly which circumstances this is wrong. To work out the answer to that, we need to know why it is wrong. I argue that when free riding (...) is wrong, the reason is that it is unfair. That is not itself a very controversial claim. But spelling out why it is unfair allows us to see just which forms of free riding are wrong. Moreover, it supplies a basis from which some more controversial conclusions can be defended. Even if a public good is one that you have been given without asking for it or seeking it out, it can still be wrong not to be prepared to pay for it. It can be wrong not to be prepared to pay for public goods even when you do not receive them at all. And furthermore, it can be right to force you to do so. (shrink)

Competition and contest underpin academic life in many ways, not all of them constructive or valuable. In this paper I make a start on the task of distinguishing valuable academic competition from its opposite and suggest reforms of academic institutions that would diminish the prevalence of destructive competition and approach more nearly the egalitarian goal of treating all members of the academic community—especially, but not only, students—as equally valued and equally deserving of respect. To do this, I develop a distinction (...) between two kinds of competition: tender competition and rank competition. I analyse the illusion of meritocracy in terms of them. My principal recommendation for university pedagogical practice is to eliminate grading of student work and replace grading systems with a system of demanding pass/fail assessments. (shrink)

Article 25 of the Universal Declaration of Human Rights reads as follows: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services.” I shall refer to the right postulated here as “the right to an adequate standard of living” or “The Right.”.

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

What level of government subsidy of higher education is justified, in what form, and for what reasons? We answer these questions by applying the hypothetical insurance approach, originally developed by Ronald Dworkin in his work on distributive justice. On this approach, when asking how to fund and deliver public services in a particular domain, we should seek to model what would be the outcome of a hypothetical insurance market: we stipulate that participants lack knowledge about their specific resources and risks, (...) and ask what insurance contracts they would take out to secure different types of benefit and protection in the domain in question. The great benefit of the hypothetical insurance approach is that it allows us to take apparently intractable questions about interpersonal distribution and transform them into questions about intrapersonal distributions: that is, questions about how an individual would choose to distribute risks and resources across the various lives that they might end up living, in light of their individual ambitions and preferences. Applying this approach to higher education, we argue that the UK model of higher education funding in which the costs of an individual's higher education are shared between general taxation and the individual herself, with the latter element to be paid retrospectively through an income-contingent state-backed loan, is vindicated as just. In particular, we argue that it is more just than alternatives such as a graduate tax, full funding through general taxation, and full privatisation. (shrink)

Consider how your consumption would change if you were stranded on a deserted island. Isolation would eliminate all social influences on your consumption decisions, even for the same choice set. You might decide not to consume cosmetics, curtains, or neckties, and pay less attention to the style or color of your clothes, car, or furniture. These choices might not matter as much to you anymore, for you would not have to consider the reactions of other individuals to your consumption. Similarly, (...) isolation would also eliminate social influences on your speech. Absent an audience, your choice of words would not be subject to the judgments of others. (shrink)

The original position together with the veil of ignorance have served as one of the main methodological devices to justify principles of distributive justice. Most approaches to this topic have primarily focused on the single person decision-theoretic aspect of the original position. This paper, in contrast, will directly model the basic structure and the economic agents therein to project the economic consequences and social outcomes generated either by utilitarianism or Rawls’s two principles of justice. It will be shown that when (...) the differences in people’s productive abilities are sufficiently great, utilitarianism dominates Rawls’s two principles of justice by providing a higher level of overall well-being to every member of society. Whenever this is the case, the parties can rely on the Principle of Dominance (which is a direct implication of instrumental rationality) to choose utilitarianism over Rawls’s two principles of justice. Furthermore, when this is so, utilitarianism is free from one of its most fundamental criticisms that it ‘does not take seriously the distinction between persons’ (Rawls 1971 [1999]: 24). (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)

Political perfectionism, by its nature, is a political morality that is always in danger of being taken as parochial, if not exclusionary, in pluralist societies. In their rejection of the traditional liberal insistence on the priority of the right over the good, defenders of perfectionist theories walk a tightrope between defending substantive moral ideals that are elitist and denigrating to reasonable dissenters, on the one hand, and resting on values that render the view indistinguishable from traditional liberal conceptions from which (...) they want to depart, on the other. Steven Wall, in this painstaking defense of liberal perfectionism, avoids the second pitfall but, insofar as he succeeds, arguably falls into the first. (shrink)

A survey of recent work on egalitarianism.

For two decades, egalitarian analytical philosophers have sought to identify the metric to be employed in order to ascertain whether any distribution is equal or not. This essay provides a review of the seminal contributions to this debate by Amartya Sen, Ronald Dworkin, Richard Arneson and G.A. Cohen.

The objective of this article is to explore people’s attitudes toward responsibility in the allocation of public health care resources. Special attention is paid to conceptualizations of responsibility involving blame and sanctions. A representative sample of the Norwegian population was asked about various responsibility mechanisms that have been proposed in the theoretical literature on health care and personal responsibility, from denial of treatment to a tax on unhealthy consumer goods. Survey experiments were employed to study treatment effects, such as whether (...) fairness considerations affect attitudes about responsibility. We find that, overall, a substantial minority of the respondents find it fair to let the health care system sanction people—in one way or another—for voluntary behaviors that increase the risk of becoming ill. Quite surprisingly, we find that people are more prone to report that they should themselves be held responsible for unhealthy lifestyles than others. (shrink)

If we want to make people more equal, what should we make them more equal in? For example, should it be resources, such as income, or should it be subjective well-being, such as preference satisfaction? The aim of this article is to critically examine the two main answers to this question within a luck egalitarian moral framework, which is a framework that aims to eliminate inequalities caused by non-responsibility factors, while preserving inequalities due to responsibility factors. I argue that the (...) arguments typically presented in favor of equalizing incomes rather than subjective well-being are weak and that within a luck egalitarian moral framework the claim that resources and not welfare should be considered the appropriate basis for interpersonal comparisons is in need of justification.The question of what society should equalize is applied to the issue of what should be the fair level of unemployment insurance compensation: Should we only compensate the involuntary unemployed for the income loss associated with unemployment, or also for the non-pecuniary costs associated with unemployment? The answer to this question, I argue, depends on where the cut between responsibility factors and non-responsibility factors is drawn. (shrink)

A liberal egalitarian theory of justice seeks to combine the values of equality, personal freedom, and personal responsibility. It is considered a much more promising position than strict egalitarianism, because it supposedly provides a fairness argument for inequalities reflecting differences in choice. However, we show that it is inherently difficult to fulfill this ambition. We present a liberal egalitarian paradox which shows that there does not exist any robust reward system that satisfies a minimal egalitarian and a minimal liberal requirement. (...) Moreover, we demonstrate how libertarianism may be justified in this framework if we drop the egalitarian condition. (shrink)

Discussions of reproductive responsibility generally draw heavily upon the principles of nonmaleficence and beneficence. However, these principles are typically only applied to women due to the incorrect belief that only women can cause fetal harm. The cultural perception that women are likely to cause fetal and child harm is reflected in numerous social norms, policies, and laws. Conversely, there is little public discussion of men and fetal and child harm, which implies that men do not (or cannot) cause such harm. (...) My goal in this paper is to begin to fill the void in the academic literature about men’s reproductive responsibility by highlighting the health-related, economic, and social harms men can cause to potential fetuses and children and then examining what it would mean to hold them responsible for preventing these harms. Applying the principles of nonmaleficence and beneficence to men, I conclude that men have a moral duty to use contraception if their behavior—past, current, or future—could harm the potential fetuses and children who result from their unprotected sexual behavior. (shrink)

Die demografische Entwicklung und der medizinische Fortschritt werden die Problematik der Ressourcenknappheit im deutschen Gesundheitswesen in Zukunft weiter verschärfen. Soll nicht nur kurzfristig akuten Sparzwängen ausgewichen werden, steht – wie in verschiedenen Ländern bereits geschehen – auch Deutschland auf Dauer eine Prioritätensetzung im Gesundheitswesen bevor. Diese sollte in möglichst transparenter Weise nach klaren Kriterien erfolgen. Eines der seit einiger Zeit häufig öffentlich zitierten Kriterien der Verteilung von Mitteln in der Gesundheitsversorgung ist die Eigenverantwortung von Patienten. Deren Berücksichtigung in der Allokation (...) von Ressourcen birgt allerdings zahlreiche Probleme. Der vorliegende Beitrag untersucht die gerechtigkeitstheoretischen Grundlagen und die praktischen Probleme bzw. die möglichen Konsequenzen von Eigenverantwortung als Verteilungskriterium im Gesundheitswesen. Auf der Grundlage eines alternativen gerechtigkeitstheoretischen Vorschlags werden drei Möglichkeiten skizziert, Eigenverantwortung von Patienten im deutschen Gesundheitswesen in gerechter Weise stärker zu betonen. (shrink)

This paper examines whether an agent becomes liable to defensive harm by engaging in a morally permissible but foreseeably risk-imposing activity that subsequently threatens objectively unjustified harm. It first clarifies the notion of a foreseeably risk-imposing activity by proposing that an activity should count as foreseeably risk-imposing if an agent may morally permissibly perform it only if she abides by certain duties of care. Those who argue that engaging in such an activity can render an agent liable to defensive harm (...) ground this liability in the luck egalitarian thought that we may justly hold individuals responsible for the consequences of their voluntary choices. Against this, I argue that a luck egalitarian commitment to holding people responsible cannot, by itself, ground liability to defensive harm. It can help ground such liability only against the backdrop of a distributively just society, and only if further considerations speak morally in favour of attaching certain well-defined costs to individuals’ risk-imposing choices. I conclude by suggesting that if an account of liability applies robustly across distributively just and unjust contexts alike, then what grounds an agent’s liability is plausibly not her responsibility for threatening objectively unjustified harm, but her culpability for doing so. (shrink)

What does the prospect of being able to alter a human being's “natural assets” by genetic engineering imply for our understanding of the requirements of justice, and of equal opportunity in particular? Although their proponents are reluctant to admit it, some of the most prominent contemporary theories of justice yield a quite radical conclusion: If safe and effective intervention in the genetic “natural lottery” becomes feasible, there will be at least a strong prima facie case for doing so in the (...) name of equality of opportunity , if this is the most effective way to meet the demands of justice. (shrink)

Many philosophers believe that luck egalitarianism captures “desert-like” intuitions about justice. Some even think that luck egalitariansm distributes goods in accordance with desert. In this paper, we argue that this is wrong. Desertism conflicts with luck egalitarianism in three important contexts, and, in these contexts, desertism renders the proper moral judgment. First, compared to desertism, luck egalitarianism is sometimes too stingy: it fails to justly compensate people for their socially valuable contributions—when those contributions arose from “option luck”. Second, luck egalitarianism (...) is sometimes too restrictive: it fails to justly compensate people who make a social contribution when that contribution arose from “brute luck”. Third, luck egalitarianism is too limited in scope: it cannot diagnose economic injustice arising independently of comparative levels of justice. The lesson of this paper is that luck egalitarians should consider supplementing their theory with desert considerations. Or, even better, consider desertism as a superior alternative to their theory. (shrink)

The article sets forth Ronald Dworkin’s efforts to avert the slavery of the talented within his theory of equality, so that they are not forced to work full-time at one type of job, but then criticises Dworkin for failing to apply similar concerns to not so talented workers. It argues that he overlooks the problem of the slavery of the not so talented that results from the tough rules he proposes for dealing with insurance payouts. Finally, it tries to show (...) how this unfairness can be avoided with a better interpretation of the likely outcome of his hypothetical insurance experiment given a better understanding of the motivations of parties operating within that experiment. (shrink)

ABSTRACT Individual responsibility is now very much on the political agenda. Even those who believe that its importance has been exaggerated by the political right — either because the appropriate conditions for assigning responsibility to individuals are rarely satisfied or because not enough is done to protect individuals from the more harmful consequences of their past choices and gambles — accept that individual responsibility is at least one of the values against which a society and its institutions ought to be (...) evaluated. One might be forgiven for assuming, then, that we know exactly why individual responsibility is important. The truth is otherwise. Surprisingly little philosophical work has been undertaken to analyse and separate out the different rationales that might be in play. Several possible reasons are examined here including: utility, the social bases of self‐respect, autonomy, human flourishing and fairness. However, once we adopt a pluralistic view of the value of individual responsibility we open up the possibility of value conflict, which conflict can make it harder to arrive at definitive prescriptions about which social policies best advance our concerns for individual responsibility. It is nevertheless possible to draw at least some conclusions about which policies we should favour. One important conclusion is that sometimes it is better not to hold individuals responsible for their past choices by denying them aid now, so that they might be better able to assume individual responsibility at a later date. (shrink)

It is sometimes said that a society should be judged ethically by how it treats its least-fortunate or worst-off members. In one interpretation this is not a point about justice, but instead about moral virtues such as compassion and charity. In our response to the least fortunate among us, we display, or show that we lack, fundamental moral virtues of fellow feeling and concern for others in need. In a different interpretation, however, this point is about justice and a just (...) society—the justice of a society is shown especially in how it treats its least-fortunate members. (shrink)

There is a large and growing body of empirical work on people's intuitions about distributive justice. In this paper, we investigate how well luck egalitarianism and desertism--the two normative approaches that appear to cohere well with people's intuitions--are supported by more fine-grained findings in the empirical literature. The time is ripe for a study of this sort, as the positive literature on justice has blossomed over the last three decades. The results of our investigation are surprising. In three different contexts (...) (good option luck, good brute luck, and bad brute luck) in which the demands of luck egalitarianism and those of a mainstream desert-based view come apart, the latter carries the day. One ramification of these findings is that people's intuitions about justice are moralized; that is, they appeal to particular conceptions of the good. Luck egalitarians must decide whether to embrace these moralized intuitions by adopting desertism--or to resist them. (shrink)

It is widely recognized that prioritizing health care resources by their relative cost-effectiveness can result in lower priority for the treatment of disabled persons than otherwise similar non-disabled persons. I distinguish six different ways in which this discrimination against the disabled can occur. I then spell out and evaluate the following moral objections to this discrimination, most of which capture an aspect of its unethical character: it implies that disabled persons' lives are of lesser value than those of non-disabled persons; (...) it constitutes “double jeopardy” or violates Frances Kamm's non-linkage principle; it conflicts with equality of opportunity; it conflicts with fairness, which requires ignoring (some/most) differential impacts of treatment; it wrongly gives lower priority to disabled persons for equally effective treatment; it conflicts with giving all persons an equal chance to reach their full potential; and, it is in conflict with giving priority to the worse off. (shrink)

Ronald Dworkin’s work on the topic of equality over the past twenty-five years or so has been enormously influential, generating a great deal of debate about equality both as a practical aim and as a theoretical ideal. The present article attempts to assess the importance of one particular aspect of this work. Dworkin claims that the acceptance of abstract egalitarian rights to equal concern and respect can be thought to provide a kind of plateau in political argument, accommodating as it (...) does a number of well-known ethical theories of social arrangement from utilitarianism to libertarianism. The article explores the moral foundations of these egalitarian rights and critically examines five specific reasons for supposing they matter in political debate. It is argued that though these reasons are perhaps less constructive than they might be reasonably expected to be, there is another more fundamental question we can ask about the scope of egalitarian rights the answer to which might ultimately help to explain their fundamental nature and importance. That question is: equality among whom? (shrink)

One of the fundamental components of the concept of economic rationality is that preference orderings are “complete,” i.e., that all alternative actions an economic agent can take are comparable. The idea that all actions can be ranked may be called the single utility assumption. The attractiveness of this assumption is considerable. It would be hard to fathom what choice among alternatives means if the available alternatives cannot be ranked by the chooser in some way. In addition, the efficiency criterion makes (...) sense only if one can infer that an individual's choice reflects the best, in expected welfare terms, among all choices that individual could have made. The possibility that a rearrangement of resources could make someone “better off” without making others “worse off” can be understood only if the post-rearrangement world is comparable with the pre-rearrange-ment world. (shrink)

Luck egalitarianism, a theory of distributive justice, holds that inequalities which arise due to individuals’ imprudent choices must not, as a matter of justice, be neutralized. This article deals with the possible application of luck egalitarianism to the area of health care. It seeks to investigate whether the ethos of luck egalitarianism can be operationalized to the point of informing health care policy without straying from its own ideals. In the transition from theory to practise, luck egalitarianism encounters several difficulties. (...) We argue that the charge of moral arbitrariness can, at least in part, be countered by our provided definition of “imprudent actions” in the health area. We discuss the choice for luck egalitarianism in health care between ex ante and ex post policy approaches, and show how both approaches are flawed by luck egalitarianism’s own standards. We also examine the problem of threshold setting when luck egalitarianism is set to practise in health care. We argue that wherever policy thresholds are set, luck egalitarianism in health care risks pampering the imprudent, abandoning the prudent or, at worst, both. Furthermore, we claim that moves to mitigate these risks in turn diminish the normative importance of the ethos of luck egalitarianism to policy. All in all, our conclusion is that luck egalitarianism cannot be consistently applied as a convincing and relevant normative principle in health care policy. (shrink)

This paper suggests that rights are best seen as being part of the description of a social state rather than as constituents of the mechanism by means of which society selects a social state. A theory of this kind is outlined in which a social state is modeled as an equilibrium in the game of life played by the citizens of a society.

In recent years, a number of philosophers have argued that much theorizing about the value of equality, and about justice more generally, has focused unduly on distributive issues and neglected the importance of egalitarian social relationships. As a result, relational egalitarian views, according to which the value of egalitarian social relations provides the grounds of the commitment that we ought to have to equality, have gained prominence as alternatives to more fundamentally distributive accounts of the basis of egalitarianism, and of (...) justice-based entitlements. In this paper, I will suggest that reflecting on the kind of explanation of a certain class of our justice-based entitlements that relational egalitarian considerations can offer raises doubts about the project, endorsed by at least some relational egalitarians, of attempting to ground all entitlements of justice in the value of egalitarian social relationships. I will use the entitlement to healthcare provision as my central example. The central claim that I will defend is that even if relational egalitarian accounts can avoid implausible implications regarding the extension of justice-based entitlements to health care, it is more difficult to see how they can avoid what seem to me to be implausible explanations of why individuals have the justice-based entitlements that they do. To the extent that I am correct that relational egalitarian views are committed to offering implausible explanations of the grounds of justice-based entitlements to healthcare, this seems to me to provide at least some support for a more fundamentally distributive approach to thinking about justice in healthcare provision. (shrink)

According to relational egalitarianism, justice requires equal relations. The theory applies to those who stand in the relevant social relations. In this paper, I distinguish four different accounts of what it means to be socially related and argue that in all of them, self-relations—how a person relates to themselves—fall within the scope of relational egalitarianism. I also point to how this constrains what a person is allowed to do to themselves.

Abstract. A special legal status is accorded to human rights within Western liberal democracies: They enjoy a priority over other human goods and are not subjected to the majoritarian principle. The underlying assumption—the idea that there are some human values that deserve special protection—implies the need for both a normative and a conceptual justification. This paper claims that neither can be provided. The normative justification is needed to support the priority of human rights over other human goods and to rank (...) and balance conflicting human rights, but it can't be provided because of the fact of pervasive value pluralism, the fact that human values are many, incompatible and incommensurable. The conceptual justification is needed to avoid arbitrariness in the interpretation of human rights at the adjudication stage. Such a justification is impossible, however, as the concept of human rights, and the concepts used to justify them and to solve their conflicts are "essentially contested concepts." The paper concludes that, provided that the interpretation of human rights presupposes value judgements and political choices, the special legal status accorded to human rights is not justified. (shrink)