The Value of Equality

In this paper I discuss justice in the distribution of resources, both within states and across different states. On one influential view, it is always unjust for one person to have less than another through no fault of her own. State borders, on this account, have no importance in determining which distributions are just. I show that an alternative approach is needed. I argue that distributions of wealth are only unjust in so far as they issue from unfair treatment. It (...) follows that not all inequalities in the distribution of goods are unjust. I use these results to explain how state borders do play a role in determining which inequalities are unjust, since some of these inequalities issue from unfair treatment of citizens by the state. (shrink)

In Faces of Inequality: A Theory of Wrongful Discrimination, Sophia Moreau embarks on a classic philosophical journey. It’s what philosophers nowadays call an explanatory project. The goal of explanatory projects is to deepen our understanding of wrongful actions and what they share in common. In this review essay, I argue that Moreau’s book embodies a valuable explanatory project and contribution to discrimination theory that ought to be on the radar of lawyers, legal theorists, and philosophers. After sketching the book’s arguments, (...) I explain why they are so refreshing. The remainder of the essay proceeds in a more critical mode. First, I argue that book’s explanatory aspirations fall short, and I sketch a framework for a more radically pluralistic theory of wrongful discrimination. This framework has the power to embrace Moreau’s compelling view that discrimination wrongs people by failing to treat them as equals while also recognizing a rich array of other discriminatory wrongs found in lived experience. Second, I argue that Faces of Inequality will disappoint readers looking for a truly inclusive account of wrongful discrimination. I end by emphasizing the book’s contribution to political philosophy and its ambition to provide a truly liberatory theory of what we owe to each other as moral and political equals. (shrink)

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...) forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

The Levelling-Down Objection is a standard objection to monistic egalitarian theories where equality is the only thing that has intrinsic value. Most egalitarians, however, are value pluralists; they hold that, in addition to equality being intrinsically valuable, the egalitarian currency in which we are equal or unequal is also intrinsically valuable. In this paper, I shall argue that the Levelling-Down Objection still minimizes the weight that the intrinsic badness of inequality could have in the overall intrinsic evaluation of outcomes, given (...) a certain way of measuring the badness of inequality, namely, the Additive Individual-Complaints Measure. (shrink)

In this paper the authors examine the role the Dutch gymnasium continues to play in the institutional maintenance of educational inequality. To that end they examine the relational and spatial features of state-sponsored elite education in the Dutch system: the unique identity the gymnasium seeks to cultivate; its value to its consumers; its geographic significance; and its market position amidst a growing array of other selective forms of schooling. They argue that there is a strong correlation between a higher social (...) class background and the concern to transmit one’s cultural habitus. They further speculate on the moral implications of state-sponsored elite education, both as it concerns the specific role of the gymnasium in the reproduction of social inequality as well as the curious tendency among its supporters to rationalise the necessity of its existence. (shrink)

Lara Buchak argues for a version of rank-weighted utilitarianism that assigns greater weight to the interests of the worse off. She argues that our distributive principles should be derived from the preferences of rational individuals behind a veil of ignorance, who ought to be risk averse. I argue that Buchak’s appeal to the veil of ignorance leads to a particular way of extending rank-weighted utilitarianism to the evaluation of uncertain prospects. This method recommends choices that violate the unanimous preferences of (...) rational individuals and choices that guarantee worse distributions. These results, I suggest, undermine Buchak’s argument for rank-weighted utilitarianism. (shrink)

In this article, I reply to some criticisms of my book, Pragmatist Egalitarianism, offered by professors Robert Talisse, Susan Dieleman, and Alexander Livingston. Some of the major themes and questions I address include the following: How are conflicts between different egalitarian ideals best understood and addressed? Does the quest for equality have a fundamental locus, or are the different egalitarian variables I identify in the book, conceptually speaking, on an equal footing? What is the relationship between justice and equality? How (...) are feminist egalitarianism and Marxian egalitarianism best slotted into my distinction between “vertical” and “horizontal” egalitarianism? What does liberalism, problematic though it may sometimes be, have to contribute to the egalitarian project? (shrink)

My aim in this chapter is to place John Stuart Mill’s distinctive utilitarian political philosophy in the context of the debate about luck, responsibility, and equality. I hope it will reveal the extent to which his utilitarianism provides a helpful framework for synthesizing the competing claims of luck and relational egalitarianism. I attempt to show that when Mill’s distributive justice commitments are not decided by direct appeal to overall happiness, they are guided by three main public principles: an impartiality principle, (...) a sufficiency principle, and a merit principle. The question then becomes how luck and relational considerations figure into his articulation of these public principles. I argue that relational egalitarianism is more fundamental than considerations of luck and responsibility in Mill’s thought, but I also hope to show that any fleshed out picture of Mill’s reform proposals must recognize his condemnation of the role luck plays in determining the distribution of opportunities and outcomes. (shrink)

I outline and defend two egalitarian theories, which yield distinctive and, I argue, complementary answers to why health-related inequalities matter: a brute luck egalitarian view, according to which inequalities due to unchosen, differential luck are bad because unfair, and a social egalitarian view, according to which inequalities are bad when and because they undermine people’s status as equal citizens. These views identify different objects of egalitarian concern: the brute luck egalitarian view directs attention to health-related well-being, while social egalitarianism focuses (...) on health-related capabilities that are central to a person’s status as a citizen. I argue that both views are correct and should jointly guide priority-setting in health. (shrink)

Mkhwanazi (2017) has argued that Consciencism is an “expression of ubuntu” and that it “represents the essential elements of ubuntu”. Both Consciencism and ubuntu, according to him, are engaged with the re-humanization of African society for they both advocate for the restitution of humanist and egalitarian principles found in traditional African societies. In this paper, we argue that while Consciencism and ubuntu share common principles, the one cannot be understood as an expression or representation of the other. Rather, the principles (...) they share should be understood as emanating from, and animated by, a primary source: traditional African communalism. This primary source is a true reflection and evidence of the commonality of the philosophical underpinnings of African thought – Consciencism, rooted in Akan (Ghanaian) thought and practices, and ubuntu, which is rooted in the thought and practices of peoples of Southern Africa. We highlight the significant differences between Consciencism as a philosophical system and ubuntu as an ethic or worldview of practical action, and in particular, their responses to the issue of justice. We submit that Consciencism can embrace the ethic of ubuntu in its harmonization of the conflicting heritages of African society; and that ubuntu can evolve into a system of thought by taking a cue from the systematicity and coherence of the philosophical anchoring of Consciencism. (shrink)

Taking equality seriously means that we ought to consider the ways in which persons are not only unfairly advantaged or disadvantaged from the start – e.g., through genetic inheritance, wealth, or a parent’s educational background – but also how opportunities and rewards that result from these basic inequalities are later exacerbated in the distribution of goods and opportunities. The basic point of equality as a normative principle is not that everyone have similar things or achieve similar outcomes, that would be (...) undesirable both for reasons having to do with individual liberty as well as social need. (shrink)

We discuss two leading theories of distributive justice: egalitarianism and prioritarianism. We argue that while each has particular merits and shortcomings, egalitarian views more fully satisfy a key requirement of distributive justice: respect for both the unity of the individual and the separateness of persons.

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)

A natural view in distributive ethics is that everyone's interests matter, but the interests of the relatively worse off matter more than the interests of the relatively better off. I provide a new argument for this view. The argument takes as its starting point the proposal, due to Harsanyi and Rawls, that facts about distributive ethics are discerned from individual preferences in the "original position." I draw on recent work in decision theory, along with an intuitive principle about risk-taking, to (...) derive the view. (shrink)

According to the priority view, or prioritarianism, it matters more to benefit people the worse off they are. But how exactly should the priority view be defined? This article argues for a highly general characterization which essentially involves risk, but makes no use of evaluative measurements or the expected utility axioms. A representation theorem is provided, and when further assumptions are added, common accounts of the priority view are recovered. A defense of the key idea behind the priority view, the (...) priority principle, is provided. But it is argued that the priority view fails on both ethical and conceptual grounds. (shrink)

How should we choose between uncertain prospects in which different possible people might exist at different levels of wellbeing? Alex Voorhoeve and Marc Fleurbaey offer an egalitarian answer to this question. I give some reasons to reject their answer and then sketch an alternative, which I call person-affecting prioritarianism.

I review Shlomi Segall's book 'Why Inequality Matters'. I argue that it conclusively establishes that alongside egalitarians, prioritarians and sufficientarians must sometimes regard a prospect as better (in at least one respect) when it is not better (in terms of well-being) for anyone. Sufficientarians and prioritarians must therefore relinquish a treasured anti-egalitarian argument. It also makes a powerful case that among these three views, egalitarians are in the best position to explain such departures from what is in each person’s prudential (...) interest. For egalitarians can point to the natural idea that it is unfair when, due to pure chance, some fare much better than others. By contrast, it remains unclear what value, if any, sufficientarians or prioritarians can appeal to in order to justify their departures from what best promotes people’s well-being. (shrink)

Luck egalitarians argue that distributive justice should be understood in terms of our capacity to be responsible for our choices. Both proponents and critics assume that the theory must rely on a comprehensive conception of responsibility. I respond to luck egalitarianism’s critics by developing a political conception of responsibility that remains agnostic on the metaphysics of free choice. I construct this political conception by developing a novel reading of John Rawls’ distinction between the political and the comprehensive. A surprising consequence (...) is that many responsibility-based objections to luck egalitarianism turn out to be objections to Rawls’ political liberalism as well. (shrink)

On social equality, individuals ought to relate on terms of equality. An important issue concerning this theory, which has not received much attention, is its scope: which individuals ought to relate on egalitarian terms? The answer depends on the theory’s grounds: the basis upon which demands of social equality arise when they do. In this chapter, I consider how we ought to construe the scope and the grounds of social equality. I argue that underlying the considerations social egalitarians advance for (...) taking demands of social equality to arise in the context of the state are relational facts that can obtain beyond state borders. So, my argument suggests an account of the grounds of social equality, and this account provides support for the scope of social equality potentially transcending the state. (shrink)

This paper introduces a symposium on Equality versus Priority. It explains how cases involving risk are key to distinguishing these views and discusses a 'social egalitarian' critique of both 'telic egalitarians' and 'telic prioritarians'.

This paper draws on Friedrich Nietzsche’s work to defend the (admittedly non-Nietzschean) conclusion that a non-liberal egalitarian society is superior in two ways: first, as a moral ideal, it does not rest on questionable claims about essential human equality and, second, such a society would provide the optimal psychological and political conditions for individual wellbeing, social stability, and cultural achievement. I first explain Nietzsche’s distinction between forms of egalitarianism: noble and slavish. The slavish form promotes equality, defined negatively as the (...) elimination of privilege. It is non-liberal in its prioritization of equality over the interests of the advantaged. Nietzsche rejects both slavish egalitarianism and liberalism for the same reasons: they questionably assume the equal value of all persons, and they harm cultural achievement, sacrificing the potential of those who are most valuable to cultural development to the interests of the majority. Noble egalitarianism, in contrast, exemplifies Nietzsche’s conception of justice as ‘equality among equals’. It demands that individuals of equal worth or power (such as members of an artistic or political elite) treat each other as what they, in fact, are: equals. It avoids asserting essential equality, demanding instead—against both slavish and liberal forms—respect on the basis of shared superiority. And it escapes the charge of harm to cultural development, commanding respect only where equality already exists. Although Nietzsche quickly assumes that ‘noble egalitarianism’ requires the rejection of all forms of universal egalitarianism, concluding that we should ‘never make equal what is unequal’, in fact it only entails the rejection of slavish methods: equalization through harm to the advantaged. However, non-liberal forms of egalitarianism can be ‘noble’, promoting equality without harm to the advantaged—through, for example, unequal distribution of resources, the equalization of economic opportunities, and economic regulation to prevent the creation of substantial wealth disparities. If egalitarianism can ‘make equal’ without slavish methods, then Nietzsche’s demand for ‘equality for equals’ applies to the newly equal, too. More importantly, his moral psychology of power—the view that our source of happiness and incentive to self-development is the feeling of power in relation to equal resistance or ‘opponents who are our equals’ —supports the superiority of a nobly-achieved, non-liberal egalitarian society. For achieved, practical equality of wealth and opportunity would optimize conditions for the feeling of power: a balance of equal, oppositional powers serving as mutual limitation and resistance. Such a society is superior in three ways. First, it maximizes social happiness by promoting and maintaining the feeling of power in all. Liberal and aristocratic societies, in contrast, allow radical inequalities that not only diminish the power of the disadvantaged, but diminish the opportunities of the advantaged to encounter equal resistance, thus undermining the happiness of all. Second, it promotes social stability by preserving a balance of powers that prevents domination and exploitation, in contrast to the inevitable class conflicts of aristocratic and liberal societies. Finally, it promotes cultural achievement, since the feeling of power in relation to proportional resistance is the psychological incentive for self-development and cultural achievement. (shrink)

In this paper I argue that Nietzsche’s rejection of egalitarianism depends on equivocation between distinct conceptions of power and equality. When these distinct views are disentangled, Nietzsche’s arguments succeed only against a narrow sense of equality as qualitative similarity (die Gleichheit as die Ähnlichkeit), and not against quantitative forms that promote equality not as similarity but as multiple, proportional resistances (die Gleichheit as die Veilheit and der Widerstand). I begin by distinguishing the two conceptions of power at play in Nietzsche’s (...) arguments, power as quantitative superiority of ability and as qualitative feeling of power (das Gefühl der Macht), an affective state that does not directly correlate with quantitative ability and, because based in resistance (der Widerstand), requires relative equality as its condition. Nietzsche presents four principal arguments against egalitarianism, each concluding that equality harms the flourishing of humanity’s highest individuals. First, equality directly promotes qualitative similarity (die Ähnlichkeit) at the expense of multiplicity (die Vielheit). Second, because material inequalities ground the ‘pathos of distance’ (the recognition of spiritual inequality), equality indirectly undermines the desire for self-development. Third, because it opposes aristocratic conditions, egalitarianism promotes a form of liberalism that removes conditions of constraint necessary to human development. Finally, equality is a less efficient means to human enhancement, which is best promoted through unequal distribution of resources to the most able individuals. I argue that in each case Nietzsche’s argument succeeds only if interpreted according to the quantitative conception of power as superiority, but fails when we also consider the qualitative conception of power as feeling. For the promotion of an individual’s qualitative power is compatible with quantitative power equality. Moreover, because power is felt only in resistance, the feeling of power requires relative equality as its precondition—an alternate sense of equality construed, not as qualitative similarity, but as quantitative resistance from proportional counter-powers. I conclude that Nietzsche’s commitment to the promotion of humanity’s highest individuals does not entail the rejection of moral egalitarianism in every form and even supports certain forms. (shrink)

Kok-Chor Tan has recently defended a novel theory of egalitarian distributive justice, institutional luck egalitarianism (ILE). On this theory, it is unjust for institutions to favor some individuals over others based on matters of luck. Tan takes his theory to preserve the intuitive appeal of luck egalitarianism while avoiding what he regards as absurd implications that face other versions of luck egalitarianism. Despite the centrality of the concept of institutional influence to his theory, Tan never spells out precisely what it (...) means for an inequality to be produced by an institution. In this paper, I consider different conceptions of institutional influence that ILE might employ. It appears that however this concept is construed, ILE has serious problems. On some conceptions, the luck egalitarian character of the theory is undermined. On others, the theory gives rise to precisely the sorts of absurd implications facing other versions of luck egalitarianism that Tan takes his theory to avoid. (shrink)

Notwithstanding some merits of Anderson's celebrated book, in this review essay I argue why she is wrong about integration being a proxy for justice. I offer a number of criticisms, not least of which her cherry picking the empirical evidence in order to make her argument; the absence of social class in her analysis of racial inequality, and thus her unhelpful homogenizing of 'black America'; and finally her perhaps unintentional, yet nevertheless very real and problematic, denigration of black space.

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)

Luck egalitarianism makes a fundamental distinction between inequalities for which agents are responsible and inequalities stemming from luck. I give several reasons to find luck egalitarianism a compelling view of distributive justice. I then argue that it is an incomplete theory of equality. Luck egalitarianism lacks the normative resources to achieve its ends. It is unable to specify the prior conditions under which persons are situated equivalently such that their choices can bear this tremendous weight. This means that luck egalitarians (...) need to become pluralists who understand equality not merely in terms of choice, luck, and responsibility. After developing my critical argument that luck egalitarianism is incomplete, I sketch a strategy for rehabilitating and filling out the theory. (shrink)

What bearing does living in an increasingly globalized world have upon the moral assessment of global inequality? This paper defends an account of global egalitarianism that differs from standard accounts with respect to both the content of and the justification for the imperative to reduce global inequality. According to standard accounts of global egalitarianism, the global order unjustly allows a person’s relative life prospects to track the morally arbitrary trait of where she happens to be born. After raising some worries (...) with these accounts, the author offers an alternative account of global egalitarianism, “social egalitarianism,” which locates the wrongfulness of global inequalities in their effects on social and political interaction rather than in the unfairness of their source. On this view, global inequalities wrongfully exclude the worse-off from partaking in the benefits of globalization. Consequently, social egalitarianism aims for the elimination of only those inequalities that impede such participation. (shrink)

According to the incentives argument, inequalities in material goods are justifiable if they are to the benefit of the worst off members of society. In this paper, I point out what is easily overlooked, namely that inequalities are justifiable only if they are to the overall benefit of the worst off, that is, in terms of both material and social goods. I then address the question how gains in material goods can be weighed against probable losses in social goods. The (...) ultimate criterion, so my idea, is how these gains and losses affect a person’s ability to reach her goals in life. Based on the idea that goals in life cannot be taken as given, I conclude that the absolute material gains are negligible compared to the losses of social goods and the disadvantage in the relative position caused by material inequalities. (shrink)

The striving for a more equal society has been an inspiring ideal for social policy and a powerful engine for the foundations of the welfare state. However, equality as a political concept has been subject to ongoing criticism and has been gradually denounced. In an attempt to reclaim the appeal of economic equality, this paper endeavors to cross the common boundaries of redistribution and to offer a different equalizing strategy titled "Levelling Down". This strategy has been extensively debated in political (...) philosophy but has not been examined through a social policy perspective. This gap is addressed in the following discussion which aims to generate achievable policy implications with greater commitment to the ideal of equality. (shrink)

Postcolonial Liberalism presents a compelling account of the challenges to liberal political theory by claims to cultural and political autonomy and land rights made by indigenous peoples today. It also confronts the sensitive issue of how liberalism has been used to justify and legitimate colonialism. Ivison argues that there is a pressing need to re-shape liberal thought to become more receptive to indigenous aspirations and modes of being. What is distinctive about the book is the middle way it charts between (...) separatism, on the one hand, and assimilation, on the other. These two options present a false dichotomy as to what might constitute a genuinely postcolonial liberal society. In defending this ideal, the book addresses important recent debates over the nature of public reason, justice in multicultural and multinational societies, collective responsibility for the past, and clashes between individual and group rights. (shrink)