Pluralist egalitarians think that luck and relational egalitarianism each articulates a component in a pluralist account of egalitarian justice. However, this ecumenical view appears problematic in the light of Elizabeth Anderson's claim that the divide arises because two incompatible views of justification are in play, which in turn generates derivative disagreements – e.g. about the proper currency of egalitarian justice. In support of pluralist egalitarianism I argue that two of Anderson's derivative disagreements are not rooted in the disagreement over justification (...) she identifies, and that the disagreement over justification cuts across standard disagreements between luck and relational egalitarian justice. (shrink)

Kasper Lippert-Rasmussen tackles all the major questions concerning luck egalitarianism, providing deep, penetrating and original discussion of recent academic discourses on distributive justice as well as responses to some of the main objections in the literature. It offers a new answer to the “Why equality?” and “Equality of what?” questions, and provides a robust luck egalitarian response to the recent criticisms of luck egalitarianism by social relations egalitarians. This systematic, theoretical introduction illustrates the broader picture of distributive (...) justice and enables the reader to understand the core intuitions underlying, or conflicting with, luck egalitarianism. (shrink)

Over the last twenty years, many political philosophers have rejected the idea that justice is fundamentally about distribution. Rather, justice is about social relations, and the so-called distributive paradigm should be replaced by a new relational paradigm. Kasper Lippert-Rasmussen seeks to describe, refine, and assess these thoughts and to propose a comprehensive form of egalitarianism which includes central elements from both relational and distributive paradigms. He shows why many of the challenges that luck egalitarianism faces reappear, once (...) we try to specify relational egalitarianism more fully. His discussion advances understanding of the nature of the relational ideal, and introduces new conceptual tools for understanding it and for exploring the important question of why it is desirable in the first place to relate as equals. Even severe critics of the distributive understanding of justice will find that this book casts important new light on the ideal to which they subscribe. (shrink)

G. A. Cohen’s critique of standard liberal interpretations of the difference principle has been very influential. According to Cohen, justice is not realized simply because the state’s tax policies and other distributive tools maximize the position of the worst off. Rather – possibly in addition to, but not to the exclusion of, certain state policies – justice requires talented people to improve the position of the worst off through their actions in their daily lives. Specifically, it prohibits talented people from (...) insisting on inequality-causing incentives. To this extent, Cohen’s view of distributive justice is anti-statist. On standard liberal interpretations, human rights are such that, logically, they can be violated only by states, not private individuals. An individual who tortures someone commits a moral wrong but does not violate the victim’s human rights. For this reason, the crime is less problematic than it would have been had a police officer done it on behalf of the state. To this extent the standard liberal understanding of human rights is statist. This parallel between liberal understandings of distributive justice and human rights raises two questions: Is the statist understanding of human rights vulnerable to Cohenian criticisms parallel to those that he canvasses against the statist understanding of distributive justice? If so, should we welcome an anti-statist understanding of human rights, or should we see it as a problem with Cohen’s critique of a statist focus in distributive justice that it commits us to an implausible anti-statist view of human rights? (shrink)

A recent argument by Nadelhoffer et al. defends a cautious optimism regarding the use of neuroprediction in relation to sentencing based, in part, on an assessment of the offender’s dangerousness. While this optimism may be warranted, Nadelhoffer et al.’s argument fails to justify it. Although neuropredictions provide individualized, non-statistical evidence they will often be problematic for the same reason that basing sentencing on statistical evidence is, to wit, that such predictions are insensitive to the offender’s dangerousness in relevant counterfactual situations (...) and, accordingly, fail to provide the court with knowledge of the offender’s dangerousness. Admittedly, it could be replied that standard clinical assessments of dangerousness possess the same objectionable feature, but doing so undermines a different part of Nadelhoffer et al.’s argument. Finally, I criticize an incentives-based rationale for sentencing informed by neuropredictions of dangerousness. (shrink)

It is commonly believed that blamees can dismiss hypocritical blame on the ground that the hypocrite has no standing to blame their target. Many believe that the feature of hypocritical blame that undermines standing to blame is that it involves an implicit denial of the moral equality of persons. After all, the hypocrite treats herself better than her blamee for no good reason. In the light of the complement to hypocrites and a comparison of hypocritical and non-hypocritical blamers subscribing to (...) hierarchical moral norms, I show why we must reject the moral equality account of the hypocrite’s lack of standing to blame. (shrink)

In this book Kasper Lippert-Rasmussen address the complexities of his question "Is affirmative action morally justifiable?" by analyzing the prevailing contemporary arguments both for and against affirmative action. The book applies current political philosophy to demonstrate that arguments on both sides justify different conclusions given different specific cases, though it ultimately does argue in favor of affirmative action based on the relative strength and significance of the anti-discrimination- and equality of opportunity-based positions.

This book addresses these three issues: What is discrimination?; What makes it wrong?; What should be done about wrongful discrimination? It argues: that there are different concepts of discrimination; that discrimination is not always morally wrong and that when it is, it is so primarily because of its harmful effects.

In this critical review, I address two themes from Shelly Kagan’s path-breaking The Geometry of Desert. First I explain the so-called “bell motion” of desert mountains—a notion reflecting that, ceteris paribus, as people get more virtuous it becomes more important not to give them too little of whatever they deserve than not to give them too much. Having argued that Kagan’s defense of it is unsatisfactory, I offer two objections to the existence of the bell motion. Second, I take up (...) an unrelated issue—the relation between comparative and non-comparative desert. I argue that, given a certain disaggregationist view of comparative desert, it is possible that comparative desert is not satisfied, even if non-comparative desert is perfectly so. Unlike my objections to the bell motion, this possibility adds further complexity to an already complex Kaganian account of desert. (shrink)

Philosophers analyzing standing to blame have argued that in view of a blamer’s own fault she can lack standing to blame another for an act even if the act is blameworthy and that standingless, hypocritical blame is pro tanto morally wrongful. The bearing of these conclusions on standing to praise is yet to receive the attention it deserves. I defend two claims. The first is the conditional claim that if and are true, so are and. The latter are: a praiser (...) can lack the standing to praise herself for an act even if that act is praiseworthy and standingless, hypocritical praise is pro tanto morally wrongful. So I am suggesting that facts about standing to blame reflect more general facts about standing to hold responsible. The second is the claim that and are true. (shrink)

In any normal population, health is unequally distributed across different age groups. Are such age-based health inequalities unjust? A divide has recently developed within egalitarian theories of...

Construed as a theory of justice, relational egalitarianism says that justice requires that people relate as equals. Construed as a theory of what makes democracy valuable, it says that democracy is a necessary, or constituent, part of the value of relating as equals. Typically, relational egalitarians want their theory to provide both an account of what justice requires and an account of what makes democracy valuable. We argue that relational egalitarians with this dual ambition face the justice-democracy dilemma: Understanding social (...) relations in such a way that renders relational egalitarianism plausible as an answer to what makes democracy valuable comes at the price of understanding social relations in a way that makes it less plausible as a theory of justice, and vice versa. We also argue that there is no easy way out of the dilemma and that relational egalitarians, who want relational equality to provide both accounts mentioned, may simply have to set their ambitions lower on behalf of relational equality. (shrink)

Relational egalitarianism says that moral equals should relate as equals. We explore how moral unequals should relate.

The all-affected principle is a widely accepted solution to the problem of constituting the demos. Despite its popularity, a basic question in relation to the principle has not received much attention: why does the fact that an individual is affected by a certain decision ground a right to inclusion in democratic decision-making about that matter? An answer to this question must include a reason that explains why an affected individual should be included because she is affected. We identify three such (...) reasons in the literature – to wit, interest protection, self-government and welfare – and show why they all fail. We then propose two alternative reasons, equal relations and fairness, and show why they are also deficient. Surprisingly, the all-affected principle then appears groundless, which supports withholding belief in the all-affected principle or(/and) investing future research in identifying the thus-far unidentified reason why being affected grounds a claim to inclusion. (shrink)

In a recent JME article, Joona Räsänen makes the case for allowing legal age change. We identify three problems with his argument and, on that basis, propose an improved version thereof. Unfortunately, even the improved argument is vulnerable to the objection that chronological age is a better proxy for justice in health than both legal and what we shall call official age.

Kymlicka has offered an influential luck egalitarian justification for a catalogue of polyethnic rights addressing cultural disadvantages of immigrant minorities. In response, Quong argues that while the items on the list are justified, in the light of the fact that the relevant disadvantages of immigrants result from their choice to immigrate, (i) these rights cannot be derived from luck egalitarianism and (ii) that this casts doubt on luck egalitarianism as a theory of cultural justice. As an alternative to Kymlicka’s argument, (...) Quong offers his own justification of polyethnic rights based on a Rawlsian ideal of fair equality of opportunity. I defend luck egalitarianism against Quong’s objection arguing that if choice ever matters, it matters in relation to cultural disadvantages too. Also, the Rawlsian ideal of fair equality of opportunity cannot justify the sort of polyethnic rights that Quong wants it to justify, once we set aside an unwarranted statist focus in Quong’s conception of fair equality of opportunity. Whatever the weaknesses of luck egalitarianism are, the inadequacy of the position in relation to accommodating cultural disadvantages of immigrants is not among them. (shrink)

The most blatant forms of discrimination are morally outrageous and very obviously so; but the nature and boundaries of discrimination are more controversial, and it is not clear whether all forms of discrimination are morally bad; nor is it clear why objectionable cases of discrimination are bad. In this paper I address these issues. First, I offer a taxonomy of discrimination. I then argue that discrimination is bad, when it is, because it harms people. Finally, I criticize a rival, disrespect-based (...) account according to which discrimination is bad regardless of whether it causes harm. (shrink)

In a series of excellent, recent papers, Deborah Hellman expounds the intuitively appealing idea that we have a duty not to compound injustice. Roughly, one compounds injustice when facts that obtain as a result of prior injustice form part of one’s reason for imposing further disadvantages on the victims of this prior injustice. This article identifies several complexities and problems motivating various amendments to Hellman’s formulation of the duty not to compound injustice. Critically, it argues that the intuitions she and (...) others have sought to explain in terms of the duty not to compound injustice are better explained by the duty not to cause additional harm to people who are already unjustly worse off – perhaps in conjunction with a duty not to implicate ourselves in injustice. (shrink)

In National Responsibility and Global Justice, David Miller defends the view that a member of a nation can be collectively responsible for an outcome despite the fact that: (i) she did not control it; (ii) she actively opposed those of her nation’s policies that produced the outcome; and (iii) actively opposing the relevant policy was costly for her. I argue that Miller’s arguments in favor of this strong externalist view about responsibility and control are insufficient. Specifically, I show that Miller’s (...) two models of synchronic collective responsibility*the like-minded group model and the cooperative practice model*ground neither synchronic nor diachronic national responsibility, nor apply in the case of nations generally speaking. Keywords: collective responsibility; David Miller; nations; historical responsibility; national responsibility (Published: 19 May 2009) Citation: Ethics & Global Politics, Vol. 2, No. 2, 2009, pp. 109-130. DOI: 10.3402/egp.v2i2.1935. (shrink)

A notable feature of our practice of blaming is that blamees can dismiss blame for their own blameworthy actions when the blamer is censuring them hypocritically and, as it is often put, lacks standing to blame them as a result. This feature has received a good deal of philosophical attention in recent years. By contrast, no attention has been given the possibility that, likewise, refraining from blaming can be hypocritical and dismissed as standingless. I argue that hypocritical refrainers have a (...) duty to blame, if asked to do so, and possibly even if they are not asked to do so. Acknowledging this fact about hypocritical silence is crucial to an adequate understanding of our practice of blaming. Specifically, it bears on a worry that naturally arises when we consider cases where the blamee is blameworthy yet the blaming is problematic, because standingless. The worry is that, absurdly, the idea of standing justifies our being more interested in silencing preachers of virtue than making wrongdoers overcome vice. However, if one can lack standing not to blame, this concern is unwarranted. If there is such a thing as standing to blame, then sometimes one must, for reasons of standing, speak up in the face of wrongdoing, meaning, in effect, that one lacks the right not to challenge wrongdoers to improve. (shrink)

Several leading theorists embrace the Simple Desert Account of Discrimination. This account involves two claims: it claims that a mismatch between what people deserve, on the one hand, and what they get, on the other hand, is (a) integral to discrimination, and (b) wrong. I shall query (a). First, I challenge what I see as the principal, positive argument for the Simple Desert Account. Second, in some cases wrongful discrimination brings about a better match between desert and what people get. (...) Situations in which this could be the case include those where: the discriminatee is a serial discriminator herself; the person wrongfully discriminated in favour of deserves greater advantages than she enjoys; by engaging in wrongful discrimination the discriminator reduces her moral deservingness and thereby the gap between her level of deservingness and her otherwise unfittingly low level of advantage. (shrink)

In recent years, neuroscience has been making dramatic progress. The discipline holds great promise but also raises a number of important ethical concerns. Among these is the concern that, some day in the distant future, we will have brain scanners capable of reading our minds, thus making our inner thoughts transparent to others. There are at least two reasons why we might regret our resulting loss of privacy. One is, so the argument goes, that this would undermine our ability to (...) form intimate relations. Another is that the omnipresent gaze of others would render an authentic inner life impossible. I argue that both of these concerns are exaggerated. First, intimacy might flourish through the differential acknowledgement of knowledge as common knowledge; for example, even if I know that both a friend and my taxi driver know that I have kinky sexual fantasies, I might only acknowledge this as common knowledge and, thus, an admissible piece of conversation with my friend, and this differential acknowledgement might be enforced by norms of social interaction. Second, the gaze of others would become much less oppressive if everyone’s inner lives were transparent to everyone else. I also argue that our minds are already partly transparent to others through the use of non-neuroscience-assisted mindreading techniques and, thus, that the latter offer no distinct threat to mind privacy. I offer an additional argument for this conclusion; to wit, that our minds extend beyond our brains. (shrink)

It is impermissible to violate a constraint, even if by doing so a greater number of violations of the very same constraint were to be prevented. Most find this puzzling. But what makes the impermissibility of such minimizing violations puzzling? This article discusses some recent answers to this question. The article's first aim is to make clear in what way these answers differ. The second aim is to evaluate the answers, along with Kamm's and Nagel's proposed solutions of what they (...) see as the puzzle of constraints. The main thesis of the article is this: because defenders of constraints are not committed to any conception of valuable states of affairs, constraints do not conflict with maximizing rationality; but neither can they be accounted for in terms of impersonal values. (shrink)

There are many objections to statistical discrimination in general and racial profiling in particular. One objection appeals to the idea that people have a right to be treated as individuals. Statistical discrimination violates this right because, presumably, it involves treating people simply on the basis of statistical facts about groups to which they belong while ignoring non-statistical evidence about them. While there is something to this objection—there are objectionable ways of treating others that seem aptly described as failing to treat (...) them as individuals—it needs to be articulated carefully. First, most people accept that many forms of statistical discrimination are morally unproblematic, let alone morally justified all things considered. Second, even treating people on the basis of putative non-statistical evidence relies on generalizations. Once we construe treating someone as an individual in a way that respects this fact, it becomes apparent: (1) that statistical discrimination is compatible with treating people as individuals, and (2) that one may fail to treat people as individuals even without engaging in statistical discrimination. Finally, there are situations involving the expression of messages of inclusion where we think it is good, morally speaking, that we are not treated as individuals. (shrink)

This paper takes a fresh look at Elizabeth Anderson’s democratic egalitarianism and its relation to luck egalitarianism in the light of recent trends toward greater socioeconomic inequality. Anderson’s critique of luck egalitarianism and her alternative ideal of democratic equality are set out. It is then argued that the former is not very powerful, and that the latter is vulnerable to many of Anderson’s criticisms of luck egalitarianism. The paper also seeks to show that, on many of the issues over which (...) Anderson disagrees with luck egalitarians, the latter can adopt the view she canvasses without abandoning their luck egalitarianism. At most, her critique shows that we have reason to prefer some views within the luck egalitarian family over others—not that we have reason to reject luck egalitarianismas such. (shrink)

When collective decisions should be made democratically, which people form the relevant demos? Many theorists think this question is an embarrassment to democratic theory: because any decision about who forms the demos must be made democratically by the right demos, which itself must be democratically constituted and so on ad infinitum; and because neither the concept of democracy, nor our reasons for caring about democracy, determine who should form the demos. Having distinguished between these three versions of the demos problem, (...) we argue that each of them can be solved. (shrink)

According to US law, insurance companies can lawfully differentiate individual health insurance premiums on the basis of non-genetic medical information, but not on the basis of genetic information. The article reviews the case for such genetic exceptionalism. First, I critically assess some standard justifications. Next, I scrutinize an argument appealing to the view that genetically based premium differentiation expresses that persons do not all merit equal concern and respect. In the final section, I argue that even if genetic exceptionalism is (...) unjustified, there is a forceful luck egalitarian argument against basing premiums on genetic risks, to wit, that this tends to make some individuals worse off than others as a result of the bad brute luck involved in having a genetically determined, above-average risk of developing health problems. (shrink)

Many ethical theorists believe that a given distribution of healthcare is morally justified only if (1) it is cost-effective and (2) it does not discriminate against older adults and disabled people. However, if (3) cost-effectiveness involves maximizing the number of quality-adjusted life-years (QALYs) added by a given unit of healthcare resource, or cost, it seems the pursuit of cost-effectiveness will inevitably discriminate against older adults and disabled patients. I show why this trilemma is harder to escape than some theorists think. (...) We cannot avoid it by using age- or disability-weighted QALY scores, for example. I then explain why there is no sense of “discrimination” on which discrimination isbothunjust, and thus something healthcare rationing must avoid,andsomething cost-effective healthcare rationing inevitably involves. I go on to argue that many of the reasons we have for not favoring rationing that maximizes QALYs outside the healthcare context apply in healthcare as well. Thus, claim (1) above is dubious. (shrink)

Many theorists think that discrimination is wrongful because it involves treating discriminatees as if they have a lower moral status than others when in fact all people are moral equals. However, there are strong reasons, expounded by Peter Singer and others, to doubt that all people are indeed moral equals. While it may turn out that, ultimately, these reasons can be shown to be unsound, we cannot rule out the possibility that we are not all moral equals. If we are (...) not, discrimination cannot be wrong because it involves failure to treat people as moral equals. With this in mind, I propose two anti-inegalitarian accounts of the wrongness of discrimination – “anti-inegalitarian” rather than “egalitarian” because, strictly speaking, they do not posit equality of status, and “anti-inegalitarian” rather than “inegalitarian” because they reject almost all (and in the case of one of them, all) inequalities in status. These two accounts have many of the attractions of the moral equality account. Being immune to Singerian doubts about moral equality is also a strength of the accounts because it means that they are not hostage to the outcome of the intricate debate over moral equality. Lastly, the anti-inegalitarian accounts I propose are in some ways preferable to the moral equality account because they have certain implications for the wrongness of discrimination that an account given in terms of moral equality does not have, and which egalitarians so far have not theorized. (shrink)

In the final parts of Piketty’s Capital and Ideology, he presents his vision for a just and more equal society. This vision marks an alternative to contemporary societies, and differs radically both from the planned Soviet economies and from social democratic welfare states. In his sketch of this vision, Piketty provides a principled account of how such a society would look and how it would modify the current status of private property through co-managed enterprises and the creation of temporary ownership (...) models. He also sets out two principles for when inequalities are just. The first principle permits inequalities that are beneficial to the worst-off, while the second permits inequalities that reflect differences in people’s choices and ambitions. This article identifies a tension between Piketty’s two inequality-permitting principles. It also argues that the procedural limits on how decisions are made within the enterprises of participatory socialism might create inequalities not permitted by the guiding distributive principles of participatory socialism. This tension points to the need for either further changes in firm structure and ownership, an even more progressive taxation scheme, or an egalitarian ethos reflected in citizens’ choices in their everyday lives under participatory socialism. (shrink)

According to many theorists, discrimination either requires a better treated comparator or can occur only if the discriminator belongs to a socially salient group different from that of the discriminatee. Both claims are philosophically important since they have important implications for which account of the moral wrongness of discrimination is correct, e.g., if no comparator is required, the wrongness of discrimination cannot result from treating different people as unequals since the unequal treatment of persons is not an essential feature of (...) discrimination. Most theorists who have written on the topic see their account as articulating the folk concept of discrimination. However, none have subjected their putative articulations thereof to experimental testing. This is what the present study does. Its results are mixed, interesting, and call for further studies. Regarding comparativity, surprisingly, respondents are more disposed to classify a situation as discriminatory when there is no comparator than when there is one. Regarding reflexivity, respondents are more likely to classify our vignettes as involving discrimination when the discriminator is from another socially salient group than the discriminatee as to ethnicity but not when it comes to gender. Hence, non-reflexivity does not appear to be a conceptual requirement on discrimination. Remarkably, our study also shows that the mere reference to a majority, outgroup person in our vignettes makes respondents more likely to classify the vignette as involving discrimination against a minority person, even when the majority group person does not play the role of a comparator. (shrink)

While it has many connections to other topics in normative and applied ethics, discrimination is a central subject in philosophy in its own right. It plays a significant role in relation to many real-life complaints about unjust treatment or unjust inequalities, and it raises a number of questions in political and moral philosophy, and in legal theory. Some of these questions include: what distinguishes the concept of discrimination from the concept of differential treatment? What distinguishes direct from indirect discrimination? Is (...) discrimination always morally wrong? What makes discrimination wrong? How should we eliminate the effects of discrimination? By covering a wide range of topics, and by doing so in a way that does not assume prior acquaintance, this handbook enables the reader to get to grips with the omnipresent issue. The Routledge Handbook of the Ethics of Discrimination is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into six main parts: • conceptual issues • the wrongness of discrimination • groups of ‘discriminatees’ • sites of discrimination • causes and means • history of discrimination Essential reading for students and researchers in applied ethics and political philosophy the handbook will also be very useful for those in related fields, such as law, sociology and politics. (shrink)

Journal of Political Philosophy, Volume 30, Issue 3, Page 395-408, September 2022.

Journal of Political Philosophy, Volume 30, Issue 3, Page 395-408, September 2022.

Journal of Applied Philosophy, EarlyView.

Heloise Robinson argues that pregnant women have a higher moral status than non-pregnant persons and that, for this reason, pregnant women ought to be treated ‘noticeably’ better than non-pregnant persons.1 In this commentary, we present two challenges to Robinson’s argument. First, the compounding disadvantage objection: treating involuntarily, non-pregnant women worse than voluntarily pregnant women unjustly compounds their disadvantage. Second, the identity objection: treating non-pregnant people worse than pregnant people amounts to pro tanto wrongful discrimination based on a fundamental aspect of (...) people’s identity. We conclude that either pregnant persons do not have a higher moral status than non-pregnant persons, or they do, but higher moral status so grounded does not justify better treatment. According to the standard view of moral status: (1) most human beings are persons; (2) persons have a higher moral status than non-persons; and (3) persons have an equal moral status. Many believe: (1) is true because most human beings have a sufficiently high level of personhood-generating psychological capacities; (2) is true because moral status is tied to personhood; and (3) is true because variations in the level of personhood-generating psychological capacities do not matter to an individual’s moral status once that individual’s level surpasses the threshold required for personhood.2 (3) is significant …. (shrink)

Fabre defends a human rights‐focused cosmopolitan theory of peace. One would expect that, given this view, she would be in favour of human rights‐promoting annexations by liberal states. However, she distances herself from this view, adopting the common‐sense view that annexing states ‘act ultra vires’. I argue that her core cosmopolitan view motivates a different and, in principle, much more positive view of four types of annexations. In the course of defending this view, I take a critical look at her (...) appeal to perverse moral incentives and the notion of a cosmopolitan ethos. (shrink)