This paper discusses two distinct questions of distributive justice raised by climate change. Stated very roughly, one question concerns how much protection is owed to the potential victims of climate change (the Just Target Question), and the second concerns how the burdens (and benefits) involved in preventing dangerous climate change should be distributed (the Just Burden Question). In Section II, I focus on the first of these questions, the Just Target Question. The rest of the paper examines the second (...) question, the Just Burden Question. To answer this question, I argue, it is necessary to address two important methodological questions (one concerning the choice between what I term Integrationism and Isolationism and the other concerning the choice between what I term Holism and Atomism). Sections III-V, thus, set out and explore these two methodological issues. Having done so, the paper then turns from methodological issues to substantive analysis, and in Section VI it examines three principles of distributive justice that, it has been suggested, should determine how the burden of addressing dangerous climatic changes should be distributed (the Polluter Pays Principle, the Ability to Pay Principle and the Beneficiary Pays Principle). (shrink)

Distributive justice, defined as justice in distribution of income and wealth, is impossible. Income and wealth are distributed either unequally or equally. If unequally, then those with less are unjustly subject to social contempt. But equal distribution is impossible because it is inconsistent with bargaining to advance our own good. Hence justice in distribution of income and wealth is impossible. More generally, societies where social relations are mediated by money are necessarily unjust, and Marx was wrong to (...) think a socialist society which retained money would lead to communism. Contributive justice proposes that each flourishes by advancing the flourishing of others. To achieve this goal all labor, both simple and complex, must be shared among all capable of doing it. The good of contributing our abilities to benefit others is then available to all non-competitively. (shrink)

Global distributive justice is now part of mainstream political debate. It incorporates issues that are now a familiar feature of the political landscape, such as global poverty, trade justice, aid to the developing world and debt cancellation. This is the first textbook to focus exclusively on issues of distributive justice on the global scale. It gives clear and up-to-date accounts of the major theories of global justice and spells out their significance for a series of important (...) political issues, including climate change, international trade, human rights and migration. These issues are brought to life through the use of case studies, which emphasise the connection of theories of justice to contemporary politics, and 'Further Issues' sections, which discuss emerging debates or controversies that are likely to command increasing attention in the coming years. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

Everyone agrees that justice is a profoundly important value. People march and protest to demand it; more than a few have died in its pursuit. Yet when we stop to reflect on what makes for justice, or try to state in a clear way what we mean when we speak of justice, we may be perplexed. But if you are going to die in defense of some value, it is important for you to have a fairly clear (...) conception of what that value is. This book is an attempt to explain and defend, in clear and precise terms, a novel and controversial view about what makes for distributive justice in a country. The theory is a form of desertism, according to which justice reigns in a country when the government ensures that citizens receive the benefits and burdens they deserve. (shrink)

In John Rawls’s theory, the role of the principles of justice is to regulate the basic structure of society—its major social, political and economic institutions—and to specify the fair terms of cooperation for free and equal persons. Some have interpreted Rawls as excluding contract law, and perhaps the private law as a whole, from the basic structure. However, this interpretation of Rawls is untenable, given the motivations for his emphasis on the basic structure and the highly inclusive characterisations he (...) gives of it. Yet if he includes private law within the basic structure, he seems committed to holding that its design and operations should be regulated by his two principles of justice, which govern the distribution of basic liberties, economic resources and opportunities. This would leave it unclear whether there was any room for values other than distributive values to inform the design of private law. Leaving no role for other values might be unproblematic if distributive justice were a master normative category with equal regulative authority over all basic social institutions. But we should not assume that this ‘distributivist paradigm’ gives the best interpretation either of private law or of the fair terms of cooperation for a society of free and equal people. We need to think further about how non-distributive values may inform the principles of justice that regulate the institutional structure of society. And we need to ask how much of law, whether public or private, is regulated solely by principles of justice that focus on the distribution of basic liberties, economic resources and opportunities. (shrink)

Through modern driver assistant systems, algorithmic decisions already have a significant impact on the behavior of vehicles in everyday traffic. This will become even more prominent in the near future considering the development of autonomous driving functionality. The need to consider ethical principles in the design of such systems is generally acknowledged. However, scope, principles and strategies for their implementations are not yet clear. Most of the current discussions concentrate on situations of unavoidable crashes in which the life of human (...) beings is existentially affected. In this paper, we argue that ethical considerations should be mandatory for any algorithmic decision of autonomous vehicles, instead of a limitation to hazard situations. Such an ethically aligned behavior is relevant because autonomous vehicles, like any other traffic participants, operate in a shared public space, where every behavioral decision impacts the operational possibilities of others. These possibilities concern the fulfillment of a road-user’s safety, utility and comfort needs. We propose that, to operate ethically in such space, an autonomous vehicle will have to take its behavior decisions according to a just distribution of operational possibilities among all traffic participants. Using an application on a partially-autonomous prototype vehicle, we describe how to apply and implement concepts of distributive justice to the driving environment and demonstrate the impact on its behavior in comparison to an advanced but egoistic decision maker. (shrink)

Various arguments have been provided for drawing non-humans such as animals and artificial agents into the sphere of moral consideration. In this paper, I argue for a shift from an ontological to a social-philosophical approach: instead of asking what an entity is, we should try to conceptually grasp the quasi-social dimension of relations between non-humans and humans. This allows me to reconsider the problem of justice, in particular distributive justice . Engaging with the work of Rawls, I show (...) that an expansion of the contractarian framework to non-humans causes an important problem for liberalism, but can be justified by a contractarian argument. Responding to Bell’s and Nussbaum’s comments on Rawls, I argue that we can justify drawing non-humans into the sphere of distributive justice by relying on the notion of a co-operative scheme. I discuss what co-operation between humans and non-humans can mean and the extent to which it depends on properties. I conclude that we need to imagine principles of ecological and technological distributive justice. (shrink)

Household debt has been widely discussed among social scientists, policy makers, and activists. Many have questioned the levels of debt households are required to take on, and have made various proposals for assisting households in debt. Yet theorists of distributive justice have left household debt underexamined. This article offers a normative examination of the distributive justice issues presented by proposals to relieve household debt or protect households from overindebtedness. I examine two goals at which debt relief proposals aim: (...) remedying disadvantage and stabilizing expectations. I then examine strategies for relieving existing debts such as debt abolition, forgiveness, bankruptcy, and mitigation, as well as strategies that aim to prevent future indebtedness, such as public provision or financing of costly goods and credit or interest rate regulations. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

One of the arguments against conducting human subject trials in the Third World adopts a distributive justice principle found in a commentary of the CIOM'S Eighth Guideline for international research on human subjects. Critics argue that non-participant members of the community in which the trials are conducted are exploited because sponsoring agencies do not ensure that the products developed have been made reasonably available to these individuals. I argue that the distributive principle's wording is too vague and ambiguous to (...) be used to criticize any trial. Furthermore, the mere fact that an experiment does not fulfill this particular distributive justice principle does not entail that it is unethical. (shrink)

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Distributive Justice Theories of distributive justice seek to specify what is meant by a just distribution of goods among members of society. All liberal theories (in the sense specified below) may be seen as expressions of laissez-faire with compensations for factors that they consider to be morally arbitrary. More specifically, such theories may be interpreted […].

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

The Global Financial Crisis of 2007–2009 exacerbated two distinct concerns about the independence of central banks: a concern about legitimacy and a concern about economic justice. This paper explores the legitimacy of independent central banks from the perspective of these two concerns, by presenting two distinct models of central banking and their different claims to political legitimacy and distributive justice. I argue primarily that we should avoid construing central bank independence in binary terms, such that central banks either (...) are, or are not, independent. I will argue that we should instead construe central bank independence in scalar terms, so that independence admits of degree, thus allowing us to develop an account of independence in which central banks can retain it to the extent necessary for economic efficiency, while meeting reasonable concerns regarding democratic legitimacy and economic justice. (shrink)

Dismissal is a major issue for distributive justice at work, because it normally has a drastic impact on an employee’s livelihood, self-esteem and future career. This article examines distributive justice under the US’s employment-at-will (EAW) system and New Zealand’s just-cause dismissal system, focusing on the three main categories of dismissal, namely misconduct, poor performance and redundancy. Under EAW, employees have limited protection from dismissal and remedies are restricted to just a few so-called exceptions. Comparatively, New Zealand’s just-cause system (...) delivers much more just outcomes, both in terms of remedies and punishments. Despite a few shortcomings, it should be considered as a reasonable reference for policy changes in the US. (shrink)

This volume of seminal and recent articles by philosophers in the distributive justice debate covers a range of representative positions, including libertarian, egalitarian, desert and welfare theories. The introduction and articles are designed to allow students and professionals to see some of the most influential pieces that have shaped the field, as well as some key critics of these positions. The articles intersect in such a way as to develop an appreciation of the types of theories and the central (...) issues addressed by theories of distributive justice. (shrink)

Distributive justice is achieved when entitlements to economic goods are allocated to people as they ought to be. Throughout most of the history of political philosophy, the attempt to specify the principles of distributive justice so conceived has been pitched at the domestic level: it has been concerned with distribution between the inhabitants of a city, the citizens of a country, the members of a society. But as the ‘globalization’ of communication and economic activity started being perceived, conceptualized (...) and named, there were fewer and fewer people whose city was their world, and more and more for whom the world had become their city. From grassroots activists to armchair philosophers, serious thought started being given to the idea that the demands of distributive justice should be pitched primarily at the global level, at the level of mankind as a whole. For those following this track, it would seem natural that whatever conception of justice was deemed plausible for the distribution of resources between members of a particular society should also provide a suitable characterization of global distributive justice. Yet, this view, as we shall see, turns out to be very controversial. (shrink)

The paper discusses the problem of global distributive justice. It proposes to distinguish between principles for the domestic and for the global or intersocietal distribution of wealth. It is argued that there may be a plurality of partly diverging domestic conceptions of distributive justice, not all of which need to be liberal egalitarian conceptions. It is maintained, however, that principles regulating the intersocietal distribution of wealth have to be egalitarian principles. This claim is defended against Rawls's argument in (...) The Law of Peoples that egalitarian principles of distributive justice should not be applied globally. Moreover, it is explained in detail, why Rawls's “duty of assistance to burdened societies” cannot be an appropriate substitute for a global principle of distributive justice. (shrink)

Distributive justice has come to the fore in political philosophy: how should we arrange our social and economic institutions so as to distribute benefits and burdens fairly? Thirty-two leading figures from philosophy and political theory present specially written critical assessments of the key issues in this flourishing area of research.

This case study analyzes the Fair Trade coffee label "Café Feminino" (as well as Fair Trade more generally) from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.

The paper tries to examine the effects of economic crisis on philosophical considerations of distributive justice. It tackles the problem of a radical increase in scarcity as a condition of justice. Instead of assuming a relatively fixed (“moderate”) level of scarcity as a background against which justice in distribution obtains, the paper examines what happens when this level risks falling below and how does that change our views of distributive justice. It takes upon the recent events (...) in the United States to construe a specific philosophical model and ask how crisis distribution, where that favors wealthier actors, can be justified. By analyzing the crisis distribution principle, it ultimately aims to suggest that moderate scarcity should not be seen as a mere condition, but an important and vital object of justice. As such it falls within, not beyond legitimate obligations of democratic governance. (shrink)

Can we achieve greater fairness by reforming the corporation? Some recent progressive critics of the corporation arguethat we can achieve greater social justice both inside and outside the corporation by simply rewriting or reinterpreting corporate rulesto favor non-stockholders over stockholders. But the progressive program for reforming the corporation rests on a critical assumption,which I challenge in this essay, namely that the rules of the corporation matter, so that changing them can effect a lasting redistribution of wealth from stockholders to (...) non-stockholders. This essay uses a critique of the progressive reform program to argue that the rules ofthe corporation are distributively neutral. The corporation isn't rigged against non-stockholders, and changing its rules will not improve the bargaining power of non-stockholders. However, while the rules may be epiphenomenal from the standpoint of distributive justice, they can have substantial impacts on the corporation's efficiency. As a result, the proposed reforms may hurt the corporation's capacity to generate benefits for all the parties concerned. (shrink)

This case study analyzes precarious employment from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.

Amartya Sen is a renowned economist who has also made important contributions to philosophical thinking about distributive justice. These contributions tend to take the form of criticism of inadequate positions and insistence on making distinctions that will promote clear thinking about the topic. Sen is not shy about making substantive normative claims, but thus far he has avoided commitment to a theory of justice, in the sense of a set of principles that specifies what facts are relevant for (...) policy choice and determines, given a full characterization of any situation in terms of these relevant facts, what ought to be done in that situation. Moreover, Sen has expressed skepticism about the existence of a fully adequate theory in this sense. According to Sen there is a plurality of moral considerations that bear on choice of action and policy and no particular reason to think that weights can be attached nonarbitrarily to each consideration to yield a theory.1 “Sen’s proposal is that distributive justice entails equalizing midfare levels across persons,” writes John Roemer.2 “Other things being equal,” one has to add by way of correction to Roemer’s formulation. Sen holds that we should be concerned with the extent of people’s capability or freedom to attain midfare as well as the midfare level actually reached. Sen holds that distributive values.. (shrink)

Liberalism and Distributive Justice discusses liberalism, capitalism, distributive justice, and John Rawls's difference principle. Chapters are organized in a narrative arc: from liberalism as the dominant political and economic system, to the laws governing interpersonal transactions in liberal society, to basic economic and political institutions that determine distributive justice.

Introducing the main theories of distributional justice the book covers utilitarianism and welfare economics, moving on to Rawls's social contract and the Sen/Nussbaum capability approach with a refreshingly readable style. There is a chapter covering the position of mothers and children in theories of justice. The book then studies empirical methods used in analysing the distribution of economic goods, covering Lorenz curves and inequality measures. The concepts of income, wealth and economic goods are comprehensively discussed, with a (...) particular view to their role in theories of justice. This book is an important read for economists and other social scientists, as well as philosophers who want to quantify social and economic justice. (shrink)

It is generally recognised that the potential positive and negative impacts of geoengineering will be distributed unevenly both geographically and temporally. The question of distributive justice in geoengineering thus is one of the major ethical issues associated with geoengineering. Currently, the question of distributive justice in geoengineering is framed in terms of who gets what (potential) benefits and harms from geoengineering, i.e. it is about the distribution of the outcomes of geoengineering. In this paper, I argue that the (...) discussions on distributive justice in geoengineering should not be outcome-based. Instead, it should be risk-based. I identify two problems for framing the question of distributive justice in geoengineering in terms of the distribution of its outcomes, i.e. the ‘if and then’ syndrome and the limited applicability of distributive principles in geoengineering policy, and suggest risk is a more proper object of distribution in the case of geoengineering. Following Hayenhjelm, I argue that the object of distribution in the case of fair distribution of risk should be (i) sources of risks and (ii) precautionary measures. I shall then demonstrate how it can be applied to the question of distributive justice in geoengineering. Finally, I end this paper by exploring the possible responses to the question of distributive justice in geoengineering by three major accounts of distributive justice, i.e. egalitarianism, prioritarianism, and sufficientarianism. (shrink)

In several papers, I have argued for a theory of distributive justice and considered its implications. This theory includes a principle of responsibility that was endorsed by others within an account of defensive force (self-defense and defense of others). Whitley Kaufman criticizes this account which he refers to as the "distributive justice theory of self-defense" (DJ theory). In this paper, I respond to this criticism. I argue that Kaufman presents the theory inaccurately, that his standard of evaluation of (...) the theory is inadequate and that his claim that the theory should be rejected is unconvincing. (shrink)

The present article explores ‘anti-cosmopolitan’ arguments that shared institutions above the state, such as there are, are not of a kind that support or give rise to distributive claims beyond securing minimum needs. The upshot is to rebut certain of these ‘anti-cosmopolitan’ arguments. Section 1 asks under which conditions institutions are subject to distributive justice norms. That is, which sound reasons support claims to a relative share of the benefits of institutions that exist and apply to individuals? Such norms (...) may require strict equality, Rawls’ Difference Principle, or other constraints on inequality. Section 2 considers, and rejects, several arguments why existing international institutions are not thought to meet these conditions. (shrink)

This paper considers the relationship between distributive justice and vocational education. It examines both the way that the very notion of a vocational education carries implications for distributive justice and how the meaning of justice itself might be shifting towards one of inclusion. The argument, which is based on the recent work of Bernard Williams (2002), may have some general explanatory and predictive power particularly relevant to the educational uses of certain terms. 'Vocational' is used in the (...) paper as an exemplar. It is argued that consideration of what is just in any liberal society involves weighting the application of principles in ways that respect the shared values of that society. These values are communicated partly through hopeful myths that enable social cohesion. One such set of myths currently serves to sustain some degree of hope that emphasis on the vocational in education will enable distributive justice. Increasingly however experience of and research within vocational education reveals some truths that challenge these myths. Neither myth nor truth floats free of structure, however, and the paper also includes discussion of the ways that structure, truth and myth are related. (shrink)

On this occasion I wish to elaborate further the conception of distributive justice that I have already sketched elsewhere. This conception derives from the ideal of social justice implicit in the two principles proposed in the essay “Justice as Fairness.” These discussions need to be supplemented in at least two ways. For one thing, the two parts of the second principle are ambiguous: in each part a crucial phrase admits of two interpretations. The two principles read as (...) follows: first, each person is to have an equal right to the most extensive basic liberty compatible with a similar liberty for others; and second, social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone's advantage, and (b) attached to positions and offices equally open to all. The two ambiguous phrases in the second principle are “everyone's advantage” in part (a) and “equally open to all” in part (b). I shall consider these ambiguities and the several interpretations of the two principles to which they give rise. I shall leave aside any difficulties with the first principle and assume that its sense is the same throughout and clear enough for our purposes. (shrink)

By exploring the integral relationship between democracy and economic justice, Democratic Distributive Justice seeks to explain how democratic countries with market systems should deal with the problem of high levels of income-inequality. The book acts as a guide for dealing with this issue by providing an interdisciplinary approach that combines political, economic, and legal theory. It also analyzes the nature of economic society and puts forth a new understanding of the agents and considerations bearing upon the ethics of (...) relative pay, such as the nature of individual contributions and the extent of community in capital based market systems. Economic justice is then integrated with democratic theory, yielding what Ross Zucker calls 'democratic distributive justice'. While prevailing theory defines democracy in terms of the electoral mechanism, the author holds that the principles of distribution form part of the very definition of democracy, which makes just distribution a requirement of democratic government. (shrink)

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive (...) class='Hi'>justice. On Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

There exists a significant disparity within society between individuals in terms of intelligence. While intelligence varies naturally throughout society, the extent to which this impacts on the life opportunities it affords to each individual is greatly undervalued. Intelligence appears to have a prominent effect over a broad range of social and economic life outcomes. Many key determinants of well-being correlate highly with the results of IQ tests, and other measures of intelligence, and an IQ of 75 is generally accepted as (...) the most important threshold in modern life. The ability to enhance our cognitive capacities offers an exciting opportunity to correct disabling natural variation and inequality in intelligence. Pharmaceutical cognitive enhancers, such as modafinil and methylphenidate, have been shown to have the capacity to enhance cognition in normal, healthy individuals. Perhaps of most relevance is the presence of an ‘inverted U effect’ for most pharmaceutical cognitive enhancers, whereby the degree of enhancement increases as intelligence levels deviate further below the mean. Although enhancement, including cognitive enhancement, has been much debated recently, we argue that there are egalitarian reasons to enhance individuals with low but normal intelligence. Under egalitarianism, cognitive enhancement has the potential to reduce opportunity inequality and contribute to relative income and welfare equality in the lower, normal intelligence subgroup. Cognitive enhancement use is justifiable under prioritarianism through various means of distribution; selective access to the lower, normal intelligence subgroup, universal access, or paradoxically through access primarily to the average and above average intelligence subgroups. Similarly, an aggregate increase in social well-being is achieved through similar means of distribution under utilitarianism. In addition, the use of cognitive enhancement within the lower, normal intelligence subgroup negates, or at the very least minimises, several common objections to cognitive enhancement. Subsequently, this paper demonstrates that there is a compelling case for cognitive enhancement use in individuals with lower, normal intelligence. (shrink)

Introduction: All countries face the issue of choice in healthcare. Allocation of healthcare resources is clearly associated with the concept of distributive justice and to the existence of a right to healthcare. Nevertheless, there is still the question of whether this right should include all types of healthcare services or if it should be limited to selected types. It follows that choices must be made, priorities must be set and that efficiency of healthcare services should be maximum.

This article challenges an argument from Tom Donaldson''s recent bookThe Ethics of International Business with a claim that distributive justice, deemed in many circles to impose a duty of mutual aid on individuals and nations, establishes a basis for holding multinational corporations to such a duty as well. The root idea I advocate is that Rawls'' theory of justice can be deployed — beyond its original intent yet in line with its spirit — to underwrite aprima facie obligation (...) of international business to render aid to ameliorate suffering on behalf of the inhabitants of developing countries in which they operate. (shrink)

The compensatory desert argument is an argument that purports to justify inequalities in (some) incomes generated by a free labour market. It holds, first, that the principle of compensation is a principle of desert; second, that a distribution justified by a principle of desert is just; and third, that (some) rewards people reap on a free labour market are compensation for costs they incur. It concludes that therefore, a distribution of (some) rewards generated by a free labour market is just. (...) In this chapter I criticise the first two premises of this argument. I argue that the principle of compensation is not a principle of desert (sections 3 and 4), and that a distribution of deserved compensatory payments may be unjust (sections 5 and 6). Before developing my critique of the compensatory desert argument, I start by illustrating further that argument in the version of it which has been defended by Julian Lamont (section 1), and to dispel two objections that have been moved against the view that compensation is a principle of desert. (shrink)

In his recent Rescuing Justice and Equality, G. A. Cohen mounts a sustained critique of coerced labour, against the background of a radical egalitarian conception of distributive justice. In this article, I argue that Cohenian egalitarians are committed to holding the talented under a moral duty to choose socially useful work for the sake of the less fortunate. As I also show, Cohen's arguments against coerced labour fail, particularly in the light of his commitment to coercive taxation. In (...) the course of defending those claims, I claim that Cohen's remarks on freedom of occupational choice and taxation exhibit partiality towards the interests of the better-off to the detriment of the less fortunate – a partiality which is in tension with his commitment to equality. (shrink)

Theories of distributive justice are most severely tested in the area of disability. In this book, Mark Stein argues that utilitarianism performs better than egalitarian theories in this area: whereas egalitarian theories help the disabled either too little or too much, utilitarianism achieves the proper balance by placing resources where they will do the most good. Stein offers what may be the broadest critique of egalitarian theory from a utilitarian perspective. He addresses the work of egalitarian theorists John Rawls, (...) Ronald Dworkin, Amartya Sen, Bruce Ackerman, Martha Nussbaum, Norman Daniels, Philippe Van Parijs, and others. Stein claims that egalitarians are often driven to borrow elements of utilitarianism in order to make their theories at all plausible. The book concludes with an acknowledgment that both utilitarians and egalitarians face problems in the distribution of life-saving medical resources. Stein advocates a version of utilitarianism that would distribute life-saving resources based on life expectancy, not quality of life. Egalitarian theories, he argues, ignore life expectancy and so are again found wanting. _Distributive Justice and Disability _is a powerful and engaging book that helps to reframe the debate between egalitarian and utilitarian thinkers. (shrink)

This article examines how the existence of unpredictability should influence the quest to promote distributive justice in education. First, the article briefly discusses resource allocation in education finance policy and its relationships with existing philosophical theories of distributive justice. It then explains why unpredictability comes into play in education and how this endangers the achievements of distributive justice. It is argued that unpredictability poses a real challenge to enhancing educational justice. Second, the article examines the common (...) policy conception that educational justice can best be promoted by reducing unpredictability through means of increased control. It is maintained that the costs of this solution exceed its benefits. Finally, the article offers alternative routes for dealing with unpredictability in educational resource allocations. It is argued that we have good reasons, both normative and practical, to embrace a new approach for furthering distributive justice in education that takes into account the complexity of the educational system. (shrink)

This is the English version of the article, originally published in French as "Justice Postcoloniale" [Postcolonial justice].

In this paper I argue for the following conclusions: 1. The widely shared beliefs that in utilitarianism and consequentialism (a) the good has priority over the right and (b) the right is derived from the good, are both false. 2. The most plausible components of utilitarianism that are used to present it as an intuitively compelling moral theory - welfarism, consequentialism and maximization - do not in fact support utilitarianism because they do not establish that the best state of affairs (...) is the one with the highest sum total of the non-moral good. These components cannot determine which state of affairs is the best and therefore leave it entirely open whether one should opt for distribution-insensitive utilitarianism or a distribution-sensitive welfarist consequentialism. Since this is left open, it is not the case that distribution-insensitive utilitarianism is the default option and every deviation from it towards a more just distribution needs to be defended against utilitarianism. Rather, in light of our moral intuitions and the persistence of the objection from justice against utilitarianism, it seems to be the other way round, that distribution-sensitivity is the default option and any deviation from it bears the burden of proof. (shrink)