This paper argues for a dilemma: you can accept liberalism or immigration restrictions, but not both. More specifically, the standard arguments for restricting freedom of movement apply equally to textbook liberal freedoms, such as freedom of speech, religion, occupation and reproductive choice. We begin with a sketch of liberalism’s core principles and an argument for why freedom of movement is plausibly on a par with other liberal freedoms. Next we argue that, if a state’s right to self-determination grounds a prima (...) facie right to restrict immigration, then it also grounds a prima facie right to restrict freedom of speech, religion, sexual choice and more. We then suggest that the social costs associated with freedom of immigration are also costs associated with occupational choice, speech and reproduction. Thus, a state’s interest in reducing these costs gives it prima facie justification to restrict not only immigration but also other core liberal freedoms. Moreover, we rebut the objection that, even if the standard arguments for a prima facie right to restrict immigration also support a prima facie right to restrict liberal freedoms generally, there are differences that render immigration restrictions – but not restrictions on speech, religion, etc. – justified all things considered. In closing, we suggest that the theoretical price of supporting immigration restrictions – viz., compromising a commitment to liberal principles – is too steep to pay. (shrink)

_Unequivocal Justice_ challenges the prevailing view within political philosophy that broadly free market regimes are inconsistent with the basic principles of liberal egalitarian justice. Freiman argues that the liberal egalitarian rejection of free market regimes rests on a crucial methodological mistake. Liberal egalitarians regularly assume an ideal "public interest" model of political behavior and a nonideal "private interest" model of behavior in the market and civil society. Freiman argues that this asymmetrical application of behavioral assumptions biases the analysis and undercuts (...) ideal theoretical treatments of every major liberal egalitarian principle, including political liberty, economic sufficiency, fair opportunity, and social equality. This book reexamines the institutional implications of each of these principles in nonideal conditions, making novel philosophical use of political psychology and public choice economics along the way. (shrink)

Modern political philosophers have been notoriously reluctant to recognize desert in their theories of distributive justice.2 A large measure of the philosophical resistance to desert can be attributed to the fact that much of what people possess ultimately derives from brute luck. If a person’s assets come from brute luck, then she cannot be said truly to deserve those assets. John Rawls suggests that this idea is “one of the fixed points of our considered judgments;”3 Eric Rakowski calls it “uncontroversial;”4 (...) Serena Olsaretti claims that a theory must accept it to be “defensible;”5 Peter Vallentyne, to be “plausible.”6 But there is dissent. Two prominent liberal political philosophers, David Miller and David Schmidtz, have recently denied that brute luck nullifies claims of desert and, in turn, articulated.. (shrink)

This paper argues for the legalization of vote markets. I contend that the state should not prohibit the sale of votes under certain institutional conditions. Jason Brennan has recently argued for the moral permissibility of vote selling; yet, thus far, no philosopher has argued for the legal permissibility of vote selling. I begin by giving four prima facie reasons in favour of legalizing vote markets. First, vote markets benefit both buyers and sellers. Second, citizens already enjoy significant discretion in their (...) use of their vote, including the ability to use their vote in ways antithetical to justice and the public interest. Third, vote markets are relevantly similar to other democratic practices that are legally permissible. Fourth, vote markets enable elections to better reflect the intensity of citizens’ preferences. Next, I reply to two counter-arguments. The first contends that vote markets will increase the political power of the wealthy; the second contends that votes must be used in the serv.. (shrink)

Positional goods are goods whose relative amount determines their absolute value. Many goods appear to have positional aspects. For example, one’s relative standing in the distribution of education and wealth may determine one’s absolute condition with respect to goods like employment opportunities, self-respect, and social inclusion. Positional goods feature in recent arguments from T.M. Scanlon, Brian Barry, and Harry Brighouse and Adam Swift that assert that we should favor egalitarian distributions of positional goods even if we reject equality as a (...) fundamental principle of distributive justice. With respect to positional goods, worsening the better off is required to better the worse off. Thus, we have reason to “level down” goods such as education and wealth in order to benefit those worse off with respect to the value of those goods. I argue that the allegedly positional aspects of the goods in question are not actually positional. Moreover, leveling down these goods risks self-defeat: it may produce a net decrease in the value of the shares of individuals with less of such goods. If so, leveling down measures would fail on their own terms. (shrink)

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 self-ownership thesis asserts, roughly, that agents own their minds and bodies in the same way that they can own extra-personal property. One common strategy for defending the self-ownership thesis is to show that it accords with our intuitions about the wrongness of various acts involving the expropriation of body parts. We challenge this line of defense. We argue that disgust explains our resistance to these sorts of cases and present results from an original psychological experiment in support of this (...) hypothesis. We argue further that learning that disgust is responsible for pro-self-ownership intuitions should reduce our confidence in those intuitions. After considering and rejecting some prominent “debunking” arguments predicated on disgust’s evolutionary history, we provide alternative reasons for thinking that disgust is not a reliable source of moral judgments. Rejecting the reliability of disgust as a mechanism for producing moral beliefs coheres with our considered judgments about the general kinds of considerations that are morally relevant and a range of particular moral problems. (shrink)

Public officials should compensate the victims of wrongful conviction and enforcement. The same considerations in favor of compensating people for wrongful conviction and enforcement in other cases support officials’ payment of reparations to the victims of unjust enforcement practices related to the drug war. First, we defend the claim that people who are convicted and incarcerated because of an unjust law are wrongfully convicted. Although their convictions do not currently qualify as wrongful convictions in the legal sense, we argue that (...) the same reasons for legally recognizing other wrongful convictions support conceiving of these cases as wrongful convictions. If so, then people who suffered wrongful convictions associated with unjust laws, like others who were wrongfully convicted, are entitled to compensation and reparation. We then argue that America’s drug laws are unjust laws. Therefore, people who were convicted of nonviolent drug offenses are entitled to compensation. (shrink)

Terry Horgan and Mark Timmons’s “Moral Twin Earth” thought experiment allegedly undercuts virtually any form of naturalist moral realism. I argue that a neo-Aristotelian conception of moral properties defeats Moral Twin Earth. Developing themes in the work of Peter Geach, Philippa Foot, and Rosalind Hursthouse, I sketch an Aristotelian moral semantics that is unique in construing terms like ‘right’ and ‘good’ exclusively as attributive adjectives that denote relational properties. On this view, moral goodness is a relational property predicated of those (...) human beings that satisfy kind-relative criteria of goodness; i.e., morally good human beings are good qua human being. The reference of moral terms is therefore fixed by the natural properties of human beings. This account ensures that moral facts cannot differ across worlds in which the relevant natural facts do not differ and thus defeats Moral Twin Earth. (shrink)

Prioritarianism doesn’t value equality as such – any reason to equalize is due to the benefits for the worse off. But some argue that prioritarianism and egalitarianism coincide in their implications for the distribution of education: Equalizing educational opportunities improves the socioeconomic opportunities of the worse off. More specifically, a system that prohibits parents from making differential private educational expenditures would result in greater gains to the worse off than a system that permits these expenditures, all else equal. This article (...) argues that prioritarianism opposes a cap on educational expenditures. The argument, in brief, is that an equalized provision of schooling does a worse job of channeling the partiality of rich families in ways that produce positive spillover for poorer children. My challenge to the prioritarian case for educational equality is an internal one: the very concerns about parental partiality that underlie prioritarian objections to uncapped educational expenditures apply with even greater force to a system that caps educational expenditures. (shrink)

A number of countries sell citizenship rights to foreign buyers. Gary Becker makes an economic case for the state's sale of citizenship; more recently, Javier Hidalgo has offered a moral defence. However, the private sale of citizenship on a market remains largely unexplored and undefended. This article argues that under certain conditions states ought to permit their citizens to swap citizenship rights with foreigners in exchange for payment. I begin by offering two defeasible reasons to legalize citizenship markets: they would (...) enable mutually beneficial exchange and increase the labour market opportunities of the global poor. I consider a number of counterarguments and conclude that none are dispositive, leaving the case for citizenship markets undefeated. (shrink)

Economist Paul Romer proposes the establishment of charter cities. Charter cities would resemble special economic zones; that is, small regions that experiment with economic rules that differ from those governing their larger ‘host’ countries. Yet unlike a special economic zone, a charter city would also experiment with its own legal and political rules. The rules, in turn, can be enforced by a third-party coalition of representatives of foreign countries that enforce these rules at home. Host countries that face problems of (...) economic stagnation or political instability can thus leverage the experience and credibility of ‘guarantor’ countries to gradually reform their own institutions. I defend charter cities as an instrument of cosmopolitan justice in nonideal global conditions. Contributing to efforts to establish charter cities is, in many cases, a more efficient use of a country's scarce resources than foreign aid or attempts to facilitate institutional change abroad. I argue that countries also have a moral reason to contribute to charter cities: they can serve as compensation for the coercive harms due to those countries' border closures. I conclude that cosmopolitans and nationalists can find common ground in their reasons to support the establishment of charter cities. (shrink)

Formal guarantees of political equality are compatible with inequalities in the value of political liberties, as individuals may convert their socioeconomic advantages into political advantages. Perhaps the predominant strategy for limiting substantive political inequalities recommends limiting inequalities in the means of acquiring political power for private gain – most notably, economic means. I express a worry that measures instituted to restrict economic inequalities may do more to frustrate the cause of political equality than to further it. I argue that attempts (...) to decrease individuals' means to capture political power will systematically increase their motives to capture political power. (shrink)

G.A. Cohen famously claims that egalitarians shouldn’t be so rich. If you possess excess income and there is little chance that the state will redistribute it to the poor, you are obligated to donate it yourself. We argue that this conclusion is correct, but that the case against the rich egalitarian is significantly stronger than the one Cohen offers. In particular, the standard arguments against donating one’s excess income face two critical, unrecognized problems. First, we show that these arguments imply (...) that citizens have no duty to further egalitarian political institutions—a conclusion that Cohen’s Rawlsian opponents cannot abide. Second, these arguments yield unacceptable implications for other questions of justice. We conclude that even moderately rich egalitarians are obligated to donate their excess income. (shrink)

In response to the spread of COVID-19, governments across the world have, with very few exceptions, enacted sweeping restrictive lockdown policies that impede citizens’ freedom to move, work, and assemble. This paper critically responds to the central arguments for restrictive lockdown legislation. We build our critique on the following assumption: public policy that enjoys virtually unanimous support worldwide should be justified by uncontroversial moral principles. We argue that that the virtually unanimous support in favor of restrictive lockdowns is not adequately (...) justified by the arguments given in favor of them. Importantly, this is not to say that states ought not impose restrictive lockdown measures, but rather that the extent of the acceptance of these measures is not proportionate to the strength of the arguments for lockdowns. -/- We begin by exploring the case for restrictive lockdowns. We first argue that several of the principles that are used to justify the lockdowns yield unexpectedly revisionary implications for other political problems that many would be unwilling to accept. We then outline what we consider the strongest argument for a lockdown—namely, that its net welfare benefits are great enough to defeat the moral presumption against restricting citizens’ civil liberties to move, work, and assemble. However, we give a number of reasons for doubting that the lockdown’s net welfare benefits are, in fact, sufficiently high to defeat the presumption against it. (shrink)

Egalitarians sometimes analogize socioeconomic opportunities to starting gates, playing fields, and the results of a lottery. A fair game is one in which all have an equal opportunity to succeed; egalitarians propose that the same is true of a fair society. A second type of argument for egalitarianism appeals to intuitions about the distribution of found resources. A just division of manna discovered on a strange planet seems to be an equal one. Both types of argument share a crucial feature: (...) they concern the once-off division of a fixed sum of goods. I argue that the most compelling reasons to depart from an equal division of goods derive from the economic activity involved in producing more of those goods, e.g., Pareto improvements due to efficiency gains that result from incentives that encourage production. We cannot conclude that game analogies and found resources cases arbitrate in favour of equality against non-egalitarian principles because they exclude precisely those considerations that provide the strongest reasons to reject equality. (shrink)

This chapter defends open borders on the grounds that people have a right to immigrate and that increased immigration would enrich the world significantly, with large gains going to the global poor. I consider three major objections: immigration can create economic and social costs for citizens of destination countries, citizens ought to prioritize the interests of their compatriots over those of immigrants, and nations possess rights of self-determination that permit them to restrict immigration. I argue that these objections fail to (...) justify significant immigration restrictions and that the case for open borders stands. (shrink)

Journal of Social Philosophy, EarlyView.

Imagine that an anthropologist returns from her study of a group of people and reports the following:They refuse to kill one person even to avert the death of all involved—including that one person;They won’t directly push someone to his death to save the lives of five others, but they will push a lever to kill him to save five others;They punish transgressors because it feels right, even when they expect the punishment to cause far more harm than good—and even when (...) the harm done by the punishment exceeds the harm done by the transgression being punished.The anthropologist’s report might lead us to conclude that these people are at least confused, and perhaps even dangerous.Here’s some bad news. Those people are us. Or so suggests recent research in experimental psychology and the neurosciences. This research indicates that our moral intuitions have a vaguely deontological character and they prompt us to make any number of judgments that appear arbitrary or otherwise unjustified, such ... -/- I contend that Greene partly misunderstands the practical implications of his own principles. If our ordinary moral judgments are to do the strategic work Greene wants them to do, he needs to endorse fullfledged Sidgwickian self-effacement for at least some areas of micro-level decision making. By the lights of some of Greene’s own arguments, people must accept the correctness—and not simply the usefulness—of the relevant intuitions in their personal conduct to satisfy utilitarian standards. I argue that removing utilitarian reasoning from micro-level decision making is consistent with Greene’s preferred strategy of using utilitarianism as a Bcommon currency^ for resolving moral conflict at the institutional level. To clarify upfront: the aim of this paper is to offer an internal criticism rather than to defend (e.g.,) the relevant empirical research, utilitarianism, self-effacement, and so on. I’m making an argument about where Greene’s own psychological and philosophical commitments should take him. (shrink)

Developing themes in the work of Thomas Hill, I argue that servility is an underappreciated but pervasive reason for moral transgression. Recognizing servility as a basic cause of immorality obliges us to reconsider questions about the rationality of morality. Traditional answers to the problem of the immoralist, which tend to be stated in terms of enlightened self-interest, fail to properly engage the problems posed by 'servile immorality.' In response to these problems, I develop a Humean version of a traditionally Kantian (...) strategy for substantiating the rationality of morality: (i.e.) agents' conceptions of themselves commit them to accepting morality's authority. Servile behavior implies cognitive dissonance, which can restructure or dissolve those particular desires, beliefs, and projects that constitute agents' most highly valued contingent conceptions of themselves. I conclude that agents have reason to abstain from servility even on a parsimonious Humean account of practical reasons. (shrink)