The formal theory of equality of opportunity emerged as a response – a friendly amendment – to Ronald Dworkin's (1981) characterization of resource egalitarianism, as defined by the allocation that would emerge from insurance contracts arrived at behind a thin veil of ignorance. This article compares several of the prominent versions of this response, put forth in the period 1993–2008. I argue that a generalization of Roemer's (1998) proposal is the most satisfactory approach. Inherent in that generalization is an indeterminism, (...) which reflects a philosophical problem: that we do not know what comprise the ethically correct rewards to effort. The indeterminism should be resolved, I propose, by an ancillary theory which limits the degree of inequality which is acceptable. (shrink)

Amartya Sen argues that Rawls’s theory is not only unnecessary in the pursuit of justice, but it may even be an impediment to justice in so far as it has discouraged more useful work. Against what he considers the dominance of transcendental theory, Sen calls for a more realistic and practical ‘comparative’ theory of justice. Sen’s negative point has been widely discussed, but here I develop a reconstruction of Sen’s positive theory (a combination of Adam Smith’s Impartial Spectator, Social Choice (...) Theory, and the Capabilities Approach) in order to evaluate it on its own terms. I find that the theory is technocratic, despite Sen’s insistence to the contrary. (shrink)

Harsanyi claimed that his Aggregation and Impartial Observer Theorems provide a justification for utilitarianism. This claim has been strongly resisted, notably by Sen and Weymark, who argue that while Harsanyi has perhaps shown that overall good is a linear sum of individuals’ von Neumann–Morgenstern utilities, he has done nothing to establish any connection between the notion of von Neumann–Morgenstern utility and that of well-being, and hence that utilitarianism does not follow. -/- The present article defends Harsanyi against the Sen–Weymark critique. (...) I argue that, far from being a term with precise and independent quantitative content whose relationship to von Neumann–Morgenstern utility is then a substantive question, terms such as ‘well-being’ suffer (or suffered) from indeterminacy regarding precisely which quantity they refer to. If so, then (on the issue that this article focuses on) Harsanyi has gone as far towards defending ‘utilitarianism in the original sense’ as could coherently be asked. (shrink)

Harsanyi claimed that his Aggregation and Impartial Observer Theorems provide a justification for utilitarianism. This claim has been strongly resisted, notably by Sen and Weymark, who argue that while Harsanyi has perhaps shown that overall good is a linear sum of individuals’ von Neumann-Morgenstern utilities, he has done nothing to establish any con- nection between the notion of von Neumann-Morgenstern utility and that of well-being, and hence that utilitarianism does not follow. The present article defends Harsanyi against the Sen-Weymark cri- (...) tique. I argue that, far from being a term with precise and independent quantitative content whose relationship to von Neumann-Morgenstern utility is then a substantive question, terms such as ‘well-being’ suffer (or suffered) from indeterminacy regarding precisely which quantity they refer to. If so, then (on the issue that this article focuses on) Harsanyi has gone as far towards defending ‘utilitarianism in the original sense’ as could coherently be asked. (shrink)

John Rawls famously argued that the Difference Principle would be chosen by any rational agent in the original position. Derek Parfit and Philippe Van Parijs have claimed, contra Rawls, that it is not the Difference Principle which is implied by Rawls’ original position argument, but rather the more refined Lexical Difference Principle. In this paper, we study both principles in the context of social choice under ignorance. First, we present a general format for evaluating original position arguments in this context. (...) We argue that in this format, the Difference Principle can be specified in three conceptually distinct ways. We show that these three specifications give the same choice recommendations, and can be grounded in an original position argument in combination with the well-known maximin rule. Analogously, we argue that one can give at least four plausible specifications of the Lexical Difference Principle, which however turn out to give different recommendations in concrete choice scenarios. We prove that only one of these four specifications can be grounded in an original position argument. Moreover, this one specification seems the least appealing from the viewpoint of distributive justice. This insight points towards a general weakness of original position arguments. (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)

Suppose we assume that the parties in the original position took Kahneman and Tversky's prospect theory as constituting their general knowledge of human psychology that survives through the veil of ignorance. How would this change the choice situation of the original position? In this paper, I present what I call ‘prospect utilitarianism’. Prospect utilitarianism combines the utilitarian social welfare function with individual utility functions characterized by Kahneman and Tversky's prospect theory. I will argue that, once prospect utilitarianism is on the (...) table, Rawls's original arguments in support of justice as fairness as well as his arguments against utilitarianism are, at best, inconclusive. This shows that how implausible a choice for utilitarianism in the original position is heavily depends on what one assumes to be general knowledge of human psychology that the original contracting parties know. (shrink)

This paper presents an intuitive explanation about why and how Rawlsian Theory of Justice (Rawls in A theory of justice, Harvard University Press, Harvard, 1971) provides the foundations to a solution for algorithmic bias. The contribution of the paper is to discuss and show why Rawlsian ideas in their original form (e.g. the veil of ignorance, original position, and allowing inequalities that serve the worst-off) are relevant to operationalize fairness for algorithmic decision making. The paper also explains how this leads (...) to a specific MinMaxfairness solution, which addresses the basic challenges of algorithmic justice. We combine substantive elements of Rawlsian perspective with an intuitive explanation in order to provide accessible and practical insights. The goal is to propose and motivate why and how the MinMaxfairness solution derived from Rawlsian principles overcomes some of the current challenges for algorithmic bias and highlight the benefits provided when compared to other approaches. The paper presents and discusses the solution by building a bridge between the qualitative theoretical aspects and the quantitative technical approach. (shrink)

We present an experiment designed to investigate three different mechanisms to achieve impartiality in distributive justice. We consider a first-person procedure, inspired by the Rawlsian veil of ignorance, and two third-party procedures, an involved spectator and a detached observer. First-person veiled stakeholders and involved spectators are affected by an initially unfair distribution that, in the stakeholders’ case, is to be redressed. We find substantial differences in the redressing task. Detached observers propose significantly fairer redistributions than veiled stakeholders or involved spectators. (...) Risk preferences partly explain why veiled stakeholders propose less egalitarian redistributions. Surprisingly, involved spectators, who are informed about their position in society, tend to favour stakeholders holding the same position as they do after the initial distribution. (shrink)