Distributive Justice, Misc

The topic of alienation has fallen out of fashion in social and political philosophy. It used to be salient, especially in socialist thought and in debates about labor practices in capitalism. Although the lack of identification of people with their working lives—their alienation as workers—remains practically important, normative engagement with it has been set back by at least four objections. They concern the problems of essentialist views, a mishandling of the distinction between the good and the right, the danger of (...) paternalistic impositions, and the significance of democratic authorization. This paper recasts the critique of alienation in a way that vindicates its importance for social and political philosophy and rebuts these objections. First, it provides an analytic framework to understand alienation—distinguishing its various conceptual, explanatory, and normative dimensions. Second, it accounts for the normative aspect of the critique of alienation by articulating it in terms of prudential and moral ideas of positive freedom regarding human flourishing and solidaristic empowerment. Finally, the normative account is developed further, and sharpened to respond to the four objections, through the introduction of the Dignitarian Approach—the view that we have reason to organize social life in such a way that we respond appropriately to the valuable features of individual human beings that give rise to their dignity. (shrink)

A discussion of the historical development of the relationship between moral philosophy and political economy and economics qua disciplines, followed by a treatment of questions of justice in the contemporary discussion and then by an overview of the subdiscipline of busness ethics.

_ 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)

John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn (...) Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria. (shrink)

A discussion of McCloskey's argument for a bourgeois virtue ethics. I criticize his opposition of Adam Smith's and Kant's ethics, arguing that they share much more than the author believes. I criticize the idea that what is most respectable in modern liberal-democratic societies is a gift of Capitalism.

We give two social aggregation theorems under conditions of risk, one for constant population cases, the other an extension to variable populations. Intra and interpersonal welfare comparisons are encoded in a single ‘individual preorder’. The theorems give axioms that uniquely determine a social preorder in terms of this individual preorder. The social preorders described by these theorems have features that may be considered characteristic of Harsanyi-style utilitarianism, such as indifference to ex ante and ex post equality. However, the theorems are (...) also consistent with the rejection of all of the expected utility axioms, completeness, continuity, and independence, at both the individual and social levels. In that sense, expected utility is inessential to Harsanyi-style utilitarianism. In fact, the variable population theorem imposes only a mild constraint on the individual preorder, while the constant population theorem imposes no constraint at all. We then derive further results under the assumption of our basic axioms. First, the individual preorder satisfies the main expected utility axiom of strong independence if and only if the social preorder has a vector-valued expected total utility representation, covering Harsanyi’s utilitarian theorem as a special case. Second, stronger utilitarian-friendly assumptions, like Pareto or strong separability, are essentially equivalent to strong independence. Third, if the individual preorder satisfies a ‘local expected utility’ condition popular in non-expected utility theory, then the social preorder has a ‘local expected total utility’ representation. Fourth, a wide range of non-expected utility theories nevertheless lead to social preorders of outcomes that have been seen as canonically egalitarian, such as rank-dependent social preorders. Although our aggregation theorems are stated under conditions of risk, they are valid in more general frameworks for representing uncertainty or ambiguity. (shrink)

This paper offers a normative exploration of what exploitation is and of what is wrong with it. The focus is on the critical assessment of the exploitation of workers in capitalist societies. Such exploitation is wrongful when it involves a contra-solidaristic use of power to benefit oneself at the expense of others. Wrongful exploitation consists in using your greater power, and sometimes even in making other less powerful than you, in order to get them to benefit you more than they (...) ought to. This account of exploitation is appealing because it simultaneously captures three morally significant dimensions of exploitation—its material and social background, the relational (interpersonal and systemic) attitudes it enacts, and the final distributive results it generates. Exploitation is indeed a multidimensional social process. The flipside of the proposed critical characterization of this process is a positive ideal of solidaristic empowerment in the allocation and use of economic power, which the paper articulates in terms of the socialist Abilities/Needs Principle (“from each according to their abilities, to each according to their needs”). The Abilities/Needs Principle is grounded in human dignity. (shrink)

This introduction aims to describe some fundamental problems of intergenerational justice and climate change. It also intends to provide comments on improved versions of some of the best papers presented in the International Meeting “Intergenerational Justice and Climate Change: juridical, moral and political issues” that took place at Cordoba National University (Argentina), in September 2017. In that meeting, the discussion focused on these topics by considering the ideas of the two keynote speakers invited to the event: Lukas H. Meyer and (...) Alessandro Pinzani. I devote the last part of this essay to discuss two pressing issues concerning climate change whose practical solutions challenge our standard understanding of the notion of harm. I discuss, on the one hand, certain issues related with the non-identity problem. On the other hand, I try to identify what kind of obligation do we have when we talk about minimizing the number of people who will suffer harm as a result of the adverse effects of climate change. (shrink)

Inspired by recent breakthroughs in predictive modeling, practitioners in both industry and government have turned to machine learning with hopes of operationalizing predictions to drive automated decisions. Unfortunately, many social desiderata concerning consequential decisions, such as justice or fairness, have no natural formulation within a purely predictive framework. In efforts to mitigate these problems, researchers have proposed a variety of metrics for quantifying deviations from various statistical parities that we might expect to observe in a fair world and offered a (...) variety of algorithms in attempts to satisfy subsets of these parities or to trade o the degree to which they are satised against utility. In this paper, we connect this approach to fair machine learning to the literature on ideal and non-ideal methodological approaches in political philosophy. The ideal approach requires positing the principles according to which a just world would operate. In the most straightforward application of ideal theory, one supports a proposed policy by arguing that it closes a discrepancy between the real and the perfectly just world. However, by failing to account for the mechanisms by which our non-ideal world arose, the responsibilities of various decision-makers, and the impacts of proposed policies, naive applications of ideal thinking can lead to misguided interventions. In this paper, we demonstrate a connection between the fair machine learning literature and the ideal approach in political philosophy, and argue that the increasingly apparent shortcomings of proposed fair machine learning algorithms reflect broader troubles faced by the ideal approach. We conclude with a critical discussion of the harms of misguided solutions, a reinterpretation of impossibility results, and directions for future research. (shrink)

A short historical overview of the idea of equality from early modernity to the twentieth century.

The veil of ignorance argument was used by John C. Harsanyi to defend Utilitarianism and by John Rawls to defend the absolute priority of the worst off. In a recent paper, Lara Buchak revives the veil of ignorance argument, and uses it to defend an intermediate position between Harsanyi's and Rawls' that she calls Relative Prioritarianism. None of these authors explore the implications of allowing that agent's behind the veil are averse to ambiguity. Allowing for aversion to ambiguity---which is both (...) the most commonly observed and a seemingly reasonable attitude to ambiguity---however supports a version of Egalitarianism, whose logical form is quite different from the theories defended by the aforementioned authors. Moreover, it turns out that the veil of ignorance argument neither supports standard Utilitarianism nor Prioritarianism unless we assume that rational people are insensitive to ambiguity. (shrink)

In their recent article, Koplin, Gyngell and Savulescu (2019) assess the viability of the precautionary principle as a decision-making tool to determine whether and under what circumstances germline gene editing should proceed. While their survey of different forms of the precautionary principle is illuminating, the most novel contribution is a new account of the precautionary principle, what they dub the Sufficientarian Precautionary Principle (SPP). SPP is meant to avoid several problems with existing accounts, while comporting with at least some of (...) the intuitive force behind the general idea of the precautionary principle. However, as it is only one subsection of a larger paper, SPP is not fully worked out. In this brief response, I will flesh out some problems with SPP as a decision-making tool – particularly that there is a lack of adequate normative justification for adopting it. While this does not constitute a decisive refutation of the approach, SPP needs considerable refinement and clarification before it can be considered viable for use in decision-making. (shrink)

Basic income policies have recently enjoyed a great deal of discussion, but they are not a natural fit with views of distributive or social justice endorsed by many moral and political philosophers. This essay develops and defends a new view of social justice, called relational sufficientarianism, which is more compatible with a universal basic income. Relational sufficientarianism holds that persons in a just society must have sufficient social status, but not necessarily equal social status. It argues that this view offers (...) a more plausible account of just social relations than relational egalitarianism, a better account of the threshold for sufficiency than distributive sufficientarianism, and can serve as a more suitable theoretical backing for a universal basic income than either of these other views, or distributive egalitarianism. (shrink)

G.A. Cohen attempts to provide a case for socialism that takes into consideration the reasons why socialism is desirable and some of the problems for its feasibility. He finds that the kind of community sentiment that socialism requires is possible, but the devices of social organization that can facilitate the growth of socialist sentiment along with the effective transmission of information are not currently known. In short, Cohen thinks social scientists and philosophers need to find out how to harness the (...) information transmission capacity of market exchange without the motivational encouragement of rapacious self-interest that market exchange fosters. This paper argues that Cohen’s appraisal of the ineffectiveness of informational transmission in socialist planned economies in incorrect. A democratically planned socialist economy can serve as the basis for the fostering of the socialist community sentiment that Cohen advocates along with the required transmission of economic information. (shrink)

Recent popularity of the relationship of 'ethics' and 'economics' is at once revealing and misleading. It marks the withering away of a dogmatic confidence in a self-regulating and water-proof economic 'sphere'. It is also a muddled way of treating a number of interrelated but different issues: the interrelations between moralities (as historically given institutions) and markets (as partially self-regulating socially institutionalized mechanisms), the relationship between ethics and economic theory, and finally issues of distributive justice.

One cannot adequately understand the persistence of the achievement gap, Darby and Rury argue, until one knows and understands the history that continues to inflict all varieties of dignitary harm on Black people. The authors deploy the phrase, ‘color of mind’, to describe the deeply embedded attitudinal and institutional norms that diminish the intellect, character, and conduct of Black students – norms with a long history that continue to poison the school system. There is, of course, no dearth of American (...) scholarship on these themes, and the reader may be forgiven for thinking she will encounter little that isn’t already known. Fortunately, however, the tack the authors take deviates in several important ways from most scholarship. (shrink)

I argue the existence of two tensions in Smith's system of ideas: the first is that between the postulate of an invisible noumenal order of the universe and the imaginary principles by means of which we connect the phenomena; the second is a tension between the noumenal order of the world where 'is' and 'ought' converge, and the various partial orders that may be reconstructed in social phenomena that leave room for irrationality and injustice. My first claim is that these (...) tensions are dialectical tensions in a unitary, albeit rhapsodically presented in writing. My second claim is that, the system’s unanswered question in the moral domain is a ‘metaphysical’ and ‘theological’ question, namely the problem of evil; by implication, I contend also that Smith was no secularist, but instead a post-skeptical fideist or agnostic, who took Bayle's question: "why are men wicked and unhappy?" quite seriously. His private ethics of prudence, justice, benevolence and his public ethics of liberty, justice, equality were modest proposals for coping with the problem of social evil in our imperfect world. (shrink)

The paper aims at finding a way out of deadlocks in Malthus scholarship concerning his relationship to utilitarianism. The main claim is that Malthus viewed his own population theory and political economy as Hifsdisziplinen to moral and political philosophy, that is, empirical enquiries required in order to be able to pronounce justified value judgments on such matters as the Poor Laws. On the other hand, Malthus’s population theory and political economy were no value-free science and his policy advice – far (...) from being “utilitarian” – resulted from his overall system of ideas and was explicitly based on a set of traditional moral assumptions. These in turn were justified by a peculiar meta-ethical theory, which has been named in a somewhat improper way “theological utilitarianism” and which I propose to name instead “consequentialist voluntarism”. The issue of poverty and its remedies is the one where Malthus’s peculiar approach, once applied to a real-world issue, displays it potentialities, yielding a kind of policy-advice that is softer and more flexible than the one that may be drawn from Benthamite utilitarianism. The reconstruction shows how, through subsequent approximations and under pressure of critics, Malthus yields finally a kind of Institutional approach to policies concerning poverty, making room for generalized basic education, free markets for labour and for corn, colonies, and private beneficence. Such a mix of policies should bring about for the lower classes of society “the means of being respectable, virtuous and happy”. -/- . (shrink)

I discuss first Adam Smith’s ethical theory and the peculiar function played by the quadrangle of sympathy, the social function of sympathy with the rich and powerful and the unavoidable corruption of moral sentiments it carries. Secondly, I examine human nature in Smith’s work, and show how diverging tendencies are carried by different social roles. Thirdly I discuss the modest normative claims advanced by his ethical theory and show how these are not from utilitarian ones, how ethical pluralism is mirrored (...) in Smith’s triad of private virtues, prudence, justice, benevolence and of public virtues, liberty, justice, equality, how these are far from being utilitarian virtues, being rather the result of overlapping between several reasonable normative ethics. Fourthly I discuss Smith’s attitude to merchants and master-manufacturers, showing how, far being the theorist of ‘bourgeois virtues’, he was a radical critic of both the aristocratic establishment and the new emerging class in the name of oppressed. My conclusion is that ‘The Wealth of Nations’ is not an argument for self-regulating markets but instead an argument for a less authoritarian society where political authority, under pressure from a newly formed public opinion made by people in the middling ranks of life, would cease favouring the most powerful pressure group and leave ‘civil society’ in a condition where an adjustment in the distribution of wealth, revenue, knowledge and power could take place through a quasi-spontaneous process. (shrink)

This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...) that a historicized difference principle considers the relative standing of racial, gender, and other historically stigmatized groups; provides their members assurance by weakening incentives to manipulate justice to another group’s advantage; and may result in policies resembling reparations, though justified by forward-looking considerations of self-respect and public assurance. I then examine how disrespectful justifications were historically used to forcibly include indigenous peoples as citizens. While Rawls thinks providing citizens one package of basic liberties signals respect, indigenous self-government could better support self-respect. I invoke Rawlsian international justice, which calls for mutual respect between peoples. Indigenous peoples’ status should reflect their past and persisting peoplehood, providing assurance by weakening incentives to unjustly transform international into domestic contexts. (shrink)

Based on three recently published books on climate justice, this article reviews the field of climate ethics in light of developments of international climate politics. The central problem addressed is how idealised normative theories can be relevant to the political process of negotiating a just distribution of the costs and benefits of mitigating climate change. I distinguish three possible responses, that is, three kinds of non-ideal theories of climate justice: focused on (1) the injustice of some agents not doing their (...) part; (2) the policy process and aiming to be realistic; and (3) grievances related to the transition to a clean-energy economy. The methodological discussion underpinning each response is innovative and should be of interest more generally, even though it is still underdeveloped. The practical upshot, however, is unclear: even non-ideal climate justice may be too disconnected from the fast-moving and messy climate circus. (shrink)

The article has two aims. First, to show that a version of luck egalitarianism that includes relational goods amongst its distribuenda can, as a matter of internal logic, account for one of the core beliefs of relational egalitarianism. Therefore, there will be important extensional overlap, at the level of domestic justice, between luck egalitarianism and relational egalitarianism. This is an important consideration in assessing the merits of and relationship between the two rival views. Second, to provide some support for including (...) relational goods, including those advocated by relational egalitarianism, on the distribuenda of justice and therefore to put in a good word for the overall plausibility of this conception of justice. I show why relational egalitarians, too, have reason to sympathise with this proposal. (shrink)

The results of empirical research show that people prefer to help identified individuals rather than unidentified ones. This preference has an important influence on many private and public decisions, for example concerning vaccination or the distribution of healthcare resources. The aim of this article is to define the terms: “identified”, “unidentified”, “statistical”, and then to analyze three philosophical arguments concerning the normative implications of this preference: 1) contractualism ex ante ; 2) fair distribution of chances and risks; 3) principles regarding (...) the concentration of good effects and the distribution of bad effects. I will demonstrate that these arguments, which are related to interesting philosophical problems, such as counterfactuals, are not convincing. (shrink)

G. A. Cohen conceptualizes socialism as luck egalitarianism constrained by a community principle. The latter mitigates certain inequalities to achieve a shared common life. This article explores the plausibility of the community constraint on inequality in light of two related problems. First, if it is voluntary, it fails as a response to “the abandonment objection” to luck egalitarianism, as it would not guarantee imprudent people sufficient resources to avoid deprivation and to function as equal citizens in a democratic society. Contra (...) Cohenite socialism, this appears unjust. Second, if it is instead enforced, coercive equalization beyond sufficiency-constrained luck egalitarianism, which is possibly necessary to achieve a shared common life, seems to require unjustified restrictions on liberty. I therefore argue that the constraint is most plausibly specified as requiring enforcement of sufficiency and only voluntary equalization thereafter. I also note, skeptically, why this constraint might be morally preferable to a purely sufficientarian alternative. (shrink)

On conçoit souvent la jalousie comme une émotion ayant pour objet les relations de proximité (amour, amitié, fratrie, etc.). Elle a généralement mauvaise presse et est typiquement envisagée comme une émotion moralement condamnable, voire comme un vice. Or, la jalousie ne porte pas uniquement sur les relations de proximité : elle peut également porter sur divers biens (prestige, richesses, biens matériels, privilèges, etc.). Par ailleurs, certains auteurs soutiennent que des cas de jalousie pourraient être moralement justifiés, voire que la jalousie (...) pourrait être une vertu. La jalousie paraît également jouer un rôle dans l’institution et le maintien d’institutions visant à perpétuer des inégalités entre les individus jaloux de leurs avantages et ceux qu’ils envisagent comme des concurrents cherchant à les déposséder de leurs biens. De fait, la jalousie paraît utile pour la théorie politique de par les liens qu’elle entretient avec la justice distributive. Cet article propose, dans la première section, une discussion portant sur la nature de la jalousie où elle est contrastée avec l’envie et l’indignation. Dans la seconde section, on se demandera si la jalousie est un vice, ou si elle peut être parfois moralement justifiée, ou même être une vertu. La troisième section traitera les rôles joués par la jalousie collective dans la justice distributive et la fondation et le maintien d’institutions sociales visant à protéger les intérêts des jaloux. Pour le faire, le cas de la jalousie économique, telle que David Hume et Adam Smith la concevaient dans les relations commerciales entre États européens au XVIIIème siècle, est considéré. (shrink)

Holt argues that Rawls’s first principle of justice requires democratic control of the economy and that property owning democracy fails to satisfy this requirement; only liberal socialism is fully democratic. However, the notion of democratic control is ambiguous, and Holt has to choose between the weaker notion of democratic control that Rawls is committed to and the stronger notion that property owning democracy fails to satisfy. It may be that there is a tension between capitalism and democracy, so that only (...) liberal socialism can be fully democratic, but if so, we should reject, rather than argue from, the theory of democracy we find in justice as fairness. (shrink)

Existing accounts of public-goods distribution rely on the existence of solidarity for providing non-universal public goods, such as the humanities or national parks. There are three fundamental problems with these accounts: they ignore instances of social fragmentation; they treat preferences for public goods as morally benign, and they assume that these preferences are the only relevant moral consideration. However, not all citizens unanimously require public goods such as the humanities or national parks. Public-goods distribution that is based only on citizens’ (...) preferences, therefore, means that non-universal public good are at a constant risk of under-provision, and has negative implications for human flourishing. The paper, therefore, develops a complementary justification for the distribution of public goods, that decouples the distribution of public goods from ad hoc preferences, and grounds the distributive justification in the intrinsic value of these goods. There are three reasons to include intrinsic-value considerations in public-goods distribution: responding to crowding-out effects; promoting shared heritage and cross-fertilization. Finally, the intrinsic-value justification may indirectly promote solidarity. Thus, the intrinsic-value and the solidarity justifications need not be mutually exclusive, rather they can be mutually reinforcing. (shrink)

Spanish Abstract: A partir de un análisis desde la historia del derecho, este artículo de investigación busca demostrar la existencia de un significado de justicia social en el discurso jurídico transnacional actual que se resume en la garantía de estos tres elementos: Estado Social de Derecho, dignidad humana e igualdad de oportunidades. Con esto, se pretende superar el simple estudio de teorías de filósofos de moda como John Rawls a la hora de abordar el problema de cómo entender y materializar (...) la justicia social, particularmente, en el plano constitucional. Finalmente, con la ayuda de algunos breves estudios de caso, se espera proveer un marco mínimo útil para entender cómo la justicia social puede lograrse a través del derecho. -/- English Abstract: Based on an analysis from legal history, this paper seeks to prove the existence of a meaning of social justice in the current transnational legal discourse that can be synthetized in the warranty of these three elements: Social Rule of Law, human dignity, and equal opportunities. Thus, it aims to overcome the mere study of theories of justice drawn up by trendy philosophers like John Ralws when addressing the problem on how to understand and achieve social justice, specially, in constitutional law. Finally, with the help of some brief case studies, the author hopes to provide a minimum framework useful to understand how social justice can be realized through law. (shrink)

Interest in the nature and importance of ‘childhood goods’ recently has emerged within philosophy. Childhood goods, roughly, are things that are good for persons qua children independent of any contribution to the good of persons qua adults. According to Colin Macleod, John Rawls’s political conception of justice as fairness rests upon an adult-centered ‘agency assumption’ and thus is incapable of incorporating childhood goods into its content. Macleod concludes that because of this, justice as fairness cannot be regarded as a complete (...) conception of distributive justice. In this paper I provide a political liberal response to Macleod’s argument by advancing three claims. First, I propose that political liberalism should treat leisure time as a distinct ‘primary good.’ Second, I suggest that leisure time should be distributed via the ‘basic needs principle’ and the ‘difference principle’ for all citizens over the course of their complete lives, including their childhoods. Third, the provision of leisure time in this way supports the realization of childhood goods for citizens. (shrink)

The general area of business and professional ethics is full of vexing and confusing problems. For example, questions concerning the im portance of ethical standards, whether ethics is unnecessary given appropriate legal enforcement, whether it is imperative to teach ethical behavior in professional education, and similar questions are all controversial. The specific ethical problems to be found in the areas of accounting and finance are at least as difficult as those in other areas. However, there is one kind of ethical (...) problem which is unusually prominent in finance and accounting, which deserves to be recognized more widely in ethics as a significant kind of issue. This is the problem of conflicts of interest. (shrink)

Modern money theory is a conjecture concerning fiscal spending and the nature of money. I show that modern money theory provides two interesting insights into distributive justice that have not been addressed in the recent Anglo-American distributive justice literature: (i) that the nature of a sovereign fiat currency allows for some distributive conflicts to be avoided; and (ii) that recent Anglo- American distributive justice theories assume that the economy is at capacity. Based on this, I consider if the policy results (...) of modern money theory can help foster a sense of justice. (shrink)

G.A. Cohen’s critique of the Rawlsian difference principle points out an inconsistency in its presentation. The initial equality decided by the participants in the original position under the veil of ignorance is not preserved by the inequality sanctioned by the difference principle. Cohen shows how the breakdown of the initial equality of the original position prevents the desired results of the Rawlsian system from being realized. Cohen argues that an egalitarian ethos is required within a society for equality preserving economic (...) distributions and Pareto superior outcomes to occur. Nonetheless, Cohen’s analysis of Rawls misses the ultimate cause of inequality, which is the dynamics of capital accumulation. An egalitarian ethos is only possible if there is a socialist mode of production to facilitate its development. Additionally, Cohen’s critique of Rawlsian constructivism through an argument for intuitionism does not address the natural-material existence of human beings. This existence must be considered for any advantageous social formation. (shrink)

This is a chapter of a collective volume of Rawls's and Harsanyi's theories of distributive justice. It focuses on Harsanyi's important Social Aggregation Theorem and technically reconstructs it as a theorem in welfarist social choice.

In anticipation of an imminent "robot revolution," data-based answers are given to these questions: what is a robot; what impact will robots have on the work force; and what can we do about displaced workers?

American business's fascination with both laborsaving devices and low wage environments is causing not only structural unemployment and dissipation of the nation's industrial base but also the deterioration of abandoned host communities. According to individualist understandings of the right of private property, this deterioration is beyond sanction except insofar as it affects the property rights of others. But corporate stockholders and managers should not be considered the only owners of property the value of which is due in part to the (...) investments of employees and of the host community. The contributions of the latter should therefore be adequately recognized in law. Short-term job protection and long-term planning for leisure are helpful. But still more important is a recognition in public policy of the interests of the community in property owned by corporations. There is ample precedent in our legal traditions for public preemption of private property; but in contrast to much taking in the past, this must be exercized in a manner that is truly for the public benefit. (shrink)

The U.S. doctrine of employment-at-will, modified legislatively for protected groups, is being less harshly applied to managerial personnel. Comparable compensation is not otherwise available in the U.S. to workers displaced by technology. Nine pairs of arguments are presented to show how fundamentally management and labor disagree about a company's responsibility for its former employees. These arguments, born of years of labor-management debate, are kaleidoscopic claims about which side has what power. Ultimately, however, not even both together can solve without creative (...) public intervention the emerging problem of massive technological unemployment — the other side of the corporate dream of profit without payrolls. (Originally published as "Displaced Workers: Whose Responsibility?" in Social Policy and Conflict Resolution, eds. T. Attig, D. Callen, and R.G. Frey, Bowling Green, OH: Bowling Green Studies in Applied Philosophy VI, 1984.). (shrink)

As a way of identifying factors that come into play in determining responsibility for displaced workers, author reviews a number of well known arguments for or against responsibility on the part of diverse actors in society. Key figures in this search for responsibility are corporations, unions, and government. No definitive responsibility is asserted.

English Abstract: Through the presentation of the history of social justice in global constitutional discourse, this article aims to demonstrate that, although in Colombia there is not a constitutionalized purpose or principle of social justice, as in other countries, the modern notion of distributive justice, also called social justice today, is implicit in the Constitution of 1991 because it enshrined as mandatory rules the three main elements of its meaning at the time of its promulgation: the principle of social rule (...) of law, the principle of human dignity and the right to a material equality. Thus, in Colombia social justice must not be understood in the Aristotelian sense of distributive justice but in accordance with these three elements, and can only be achieved if they are fulfilled. -/- Spanish Abstract: Mediante la presentación de la historia de la justicia social en el discurso constitucional global, este artículo pretende demostrar que, a pesar de no existir en Colombia, como en otros países, un valor o principio constitucional de justicia social, la noción moderna de justicia distributiva, también llamada hoy justicia social, se encuentra implícita en la Constitución de 1991 porque esta consagró como normas obligatorias los tres elementos principales de su significado en el tiempo en el que fue promulgada: el principio de Estado Social de Derecho, el principio de dignidad humana y el derecho a una igualdad material. Así pues, la justicia social debe entenderse en Colombia a partir de esos tres elementos, no según el sentido aristotélico de justicia distributiva, y sólo puede ser alcanzada si ellos se cumplen. (shrink)

Intellectual property regimes necessarily create artificial scarcity leading to wastage, both by blocking follow-up research and hindering access to those who are only able to pay less then the actual retail price. After revising the traditional arguments to hinder access to people’s intellectual labour we will examine why we should be more open to allow free-riding of inventive efforts, especially in cases where innovators have not secured the widest access to the fruits of their research and failed to cooperate with (...) follow-up innovators. We will do so by questioning the voluntariness involved in consumption of objects of innovation, restating the positive social externalities that arise when wider access to the fruits of innovation is assured, and examining the eventual harms innovators face. (shrink)

This paper offers a justification of labor rights based on an interpretation of the idea of human dignity. According to the dignitarian approach, we have reason to organize social life in such a way that we respond appropriately to the valuable capacities of human beings that give rise to their dignity. That dignity is a deontic status in virtue of which people are owed certain forms of respect and concern. Dignity at work involves the treatment of people in accordance to (...) the ideal of solidaristic empowerment as it pertains to their life as workers. This requires that we generate feasible and reasonable social schemes to support each other as we pursue the development and exercise of our valuable capacities to produce in personally and socially beneficial ways. The spectrum of dignitarian justice goes from basic rights to decent working conditions to maximal rights to flourish in working practices that are free from domination, alienation, and exploitation. (shrink)

The urgent importance of dealing with the climate crisis has led some influential theorists to argue that at least some demands for justice must give way to pragmatic and strategic considerations. These theorists (Cass Sunstein, Eric Posner, and David Weisbach, all academic lawyers, and John Broome, an academic philosopher) contend that the failures of international negotiations and other efforts to change economic policies and practices have shown that moral exhortations are worse than ineffective. Although Broome's position is similar in these (...) respects to that of Sunstein, Posner and Weisbach, it differs in other important respects, including his understanding of the idea of justice, his disagreement with the policy approach (which he calls "efficiency with sacrifice") favored by the economists Nicholas Stern and William Nordhaus, and his proposal for establishing a new international financial institution, a World Climate Bank, in addition to putting a price on carbon. Elsewhere I offer a critical analysis of the position taken by Posner and Weisbach in their book, Climate Change Justice. Their arguments against allowing principles of distributive justice (narrowly understood) to constrain treaty negotiations fail to rule out the principles of John Rawls' Law of Peoples (which is a conception of the moral basis of a just international order, including states' obligations to secure basic human rights for all). Therefore their arguments against shaping climate treaties to reflect any principles of justice do not succeed in supporting their position. Here I offer a critical analysis of Broome's position. I raise and discuss objections to Broome's proposal for a WCB, and I argue that the continued relevance of these objections is contingent on how the proposal for a WCB may get developed. (shrink)

Verteilungsgerechtigkeit befasst sich mit der Verteilung von Gütern innerhalb einer Gruppe, wobei verschiedene Verteilungsprinzipien und -ergebnisse als mögliche Ideale einer solchen Verteilung verhandelt werden. Diese normativen Ansätze sind oft rein verbal formuliert, wodurch ihre Anwendung auf unterschiedliche konkrete Verteilungssituationen, die hinsichtlich ihrer Gerechtigkeit beurteilt werden sollen, häufig schwer fällt. Eine Möglichkeit, fein abgestufte Gerechtigkeitsbeurteilungen verschiedener Verteilungen präzise erfassen zu können, besteht in der formalen Modellierung solcher Ideale durch Maße oder Indizes. Die Auswahl eines geeigneten Maßes, das ein gewisses Ideal abbilden (...) soll, muss ihrerseits eine Fundierung erfahren, was durch die Forderung von begründeten Axiomen erreicht werden kann, denen ein Maß genügen soll. In der vorliegenden Arbeit werden solche Axiome für Maße der Verteilungsgerechtigkeit am Beispiel von Bedarfsgerechtigkeit eingeführt. Ferner werden exemplarische Maße der Bedarfsgerechtigkeit vorgestellt. Damit wird für die Beurteilung und Modellierung von Maßen der Verteilungsgerechtigkeit eine erste diskutable Grundlage gelegt. (shrink)

Distributive justice deals with allocations of goods and bads within a group. Different principles and results of distributions are seen as possible ideals. Often those normative approaches are solely framed verbally, which complicates the application to different concrete distribution situations that are supposed to be evaluated in regard to justice. One possibility in order to frame this precisely and to allow for a fine-grained evaluation of justice lies in formal modelling of these ideals by metrics. Choosing a metric that is (...) supposed to map a certain ideal has to be justified. Such justification might be given by demanding specific substantiated axioms, which have to be met by a metric. This paper introduces such axioms for metrics of distributive justice shown by the example of needs-based justice. Furthermore, some exemplary metrics of needs-based justice and a three dimensional method for visualisation of non-comparative justice axioms or evaluations are presented. Therewith, a base worth discussing for the evaluation and modelling of metrics of distributive justice is given. (shrink)

Common principles for resource allocation in health care can prioritize the alleviation of small health burdens over lifesaving treatment. I argue that there is some evidence that these principles are at odds with a sizable share of public opinion, which holds that saving a life should take priority over any number of cures for minor ailments. I propose two possible explanations for this opinion, one debunking and one vindicatory. I also outline how well-designed surveys and moral inquiry could help decide (...) between them. Finally, I consider how priority-setting principles could be adjusted if the view that saving a life always trumps alleviating small burdens were vindicated. (shrink)

Institutions have often been characterized as responses to conflict, and assumptions about the nature of conflict have frequently determined the structure and scope of political activity. Two prevalent interpretations of conflict portray it as either a conflict of interest or a competition for resources. Yet there is another view of conflict that regards it in terms of a contest of values, something that raises a different set of questions and issues. These issues involve concerns about the incommensurability and incompatibility of (...) values, and challenge contemporary arguments that rely upon the ordering of preferences or that urge the pursuit of a normative consensus. As I argue, both preference based theories and theories of deliberative democracy prove to deal inadequately with the challenges of moral pluralism and value conflict. (shrink)

Conceptul de dreptate socială este unul dintre cele mai controversate concepte ale filosofiei politice. Foarte puține aspecte legate de acest concept nu sunt înconjurate de controverse și dezbateri argumentative. Unele dintre cele mai importante astfel de controverse sunt cele legate de definirea, de specificarea și de legitimitatea lui. Prima este, în esență, o controversă în privința răspunsului la următoarea întrebare: care este conceptul care surprinde cel mai bine trăsătura fundamentală a dreptății și nedreptății sociale? A doua este o controversă în (...) privința exigențelor sau a principiilor „corecte” ale dreptății sociale. În sfărșit, a treia este o controversă pe marginea acceptabilității conceptului de dreptate socială. În studiul de față prezint pe scurt principalele idei, poziții și argumente invocate de filosofii politici recenți în cadrul fiecăreia dintre aceste controverse. (shrink)

I critically examine a common liberal egalitarian view about the justification for, and proper content of, mandatory health insurance. This view holds that a mandate is justified because it is the best way to ensure that those in poor health gain health insurance on equitable terms. It also holds that a government should mandate what a representative prudent individual would purchase for themselves if they were placed in fair conditions of choice. I argue that this common justification for a mandate (...) is incomplete. A further reason for mandated insurance is that it helps secure social egalitarian public goods that would be underprovided if insurance were optional. I also argue that rather than mandating what a representative individual would choose for themselves, we should design the mandatory package by appealing to a pluralistic egalitarian view, which cares about improving people’s well-being, reducing unfair inequality, and maintaining egalitarian social relations. (shrink)

John Broome has proposed a theory of fairness according to which fairness requires that agents’ claims to goods be satisfied in proportion to the relative strength of those claims. In the case of competing claims for a single indivisible good, Broome argues that what fairness requires is the use of a weighted lottery as a surrogate to satisfying the competing claims: the relative chance of each claimant's winning the lottery should be set to the relative strength of each claimant's claim. (...) In this journal, James Kirkpatrick and Nick Eastwood have objected that the use of weighted lotteries in the case of indivisible goods is unacceptable. In this article, I explain why Kirkpatrick and Eastwood's objection misses its mark. (shrink)

The legend of Robin Hood exemplifies a distinct concern of justice neglected by theorists: the distributive results of systemic injustices. Robin Hood’s redistributive activities are justified by the principle that the distributive results of systemic injustices are unjust and should be corrected. This principle has relevance beyond the legend: since current inequalities in the US are results of systemic injustices, the US has good reason to take from the rich and give to the poor.