Public insurance is commonly assimilated with redistributive tools mobilized by the welfare state in the pursuit of an egalitarian ideal. This view contains some truth, since the result of insurance, at a given moment, is the redistribution of resources from the lucky to unlucky. However, Joseph Heath considers that the principle of efficiency provides a better normative explanation and justification of public insurance than the egalitarian account. According to this view, the fact that the state is involved in the provision (...) of specific insurance is explained and justified by the greater efficiency of the state, in comparison with markets, in addressing market failures such as moral hazard or adverse selection. Our argument is that while insurance, intrinsically and idealistically, may diverge from a redistributive scheme, it is nevertheless difficult to deny that insurance has nothing to do with equality. More precisely, we argue that insurance may be understood as an egalitarian tool if our understanding of equality is broadened to include relational equality. Our paper aims to briefly recap the debates surrounding public insurance as a redistributive tool, advancing the idea that public insurance may be a relational egalitarian tool. It then presents a number of relational arguments in favor of the involvement of the state in the provision of specific forms of insurance, arguments that have been overlooked given the domination of luck egalitarian approaches in these debates. (shrink)

Public insurance is both everywhere and nowhere. It is everywhere in the sense that it is omnipresent in industrialised societies: public health insurance, unemployment benefits and pensions. It is a sizeable part of modern nations’ public budget . It has permeated our understanding of societal institutions to the extent that now access to public insurance coverage is understood as being a struggle for equality and equal citizenship .Public insurance is only one aspect of a broader phenomenon: the transformation of modern (...) societies into insurance societies, i.e. societies that are orientated toward risk-management . Nevertheless, public insurance is at the core of the welfare state as insurance system. Paul Krugman once said of the modern state that it is ‘an insurance company with an army’ while David Moss argues that government is the ultimate risk manager ( .. (shrink)

In “The Pecking Order,” Dalton Conley argues that inequalities between siblings are larger than inequalities at the level of the overall society. Our article discusses the normative implications for institutions of this observation. We show that the question of state intervention for curbing intra-family inequality reveals an internal tension within liberalism between autonomy and toleration, which bears on the forms that the intervention of institutions may take. Despite the pros and cons of both commitments, autonomy-based liberalism appears more compatible with (...) the involvement of the state for egalitarian reasons within the family than toleration-based liberalism.Export citation Request permission. (shrink)

Imagine a two-person distributive case in which Ernest's choices yield X and Bertie's choices yield X + Y, producing an income gap between them of Y. Neither Ernest nor Bertie is responsible for this gap of Y, since neither of them has any control over what the other agent chooses. This is what Susan Hurley calls the “Boring Problem” for luck egalitarianism. Contrary to Hurley's relatively dismissive treatment of it, it is contended that the Boring Problem poses a deep problem (...) for standard luck egalitarianism. To counter it, luck egalitarianism needs to be recast as a baseline-relative theory. This new version of luck egalitarianism is then put to work against some significant problems that have been encountered by luck egalitarianism: Saul Smilansky's “Paradox of the Baseline,” the “Partiality Worry,” and the “Pluralism Worry.” But baseline-relative luck egalitarianism is not without problems of its own. (shrink)

Insurance is pervasive in many social settings. As a cooperative device based on risk pooling, it serves to attenuate the adverse consequences of various risks by offering policyholders coverage against the losses implied by adverse events in exchange for the payment of premiums. In the insurance industry, the concept of actuarial fairness serves to establish what could be adequate, fair premiums. Accordingly, premiums paid by policyholders should match as closely as possible their risk exposure. Such premiums are the product of (...) the probabilities of losses and the expected losses. This article presents a discussion of the fairness of actuarial fairness through three steps: defining the concept based on its formulation within the insurance industry; determining in which sense it may be about fairness; and raising some objections to the actual fairness of actuarial fairness. The necessity of a normative evaluation of actuarial fairness is justified by the influence of the concept on the current reforms of public insurance systems and the fact that it highlights the question of the repartition of the gains and burdens of social cooperation. (shrink)

This paper addresses the debate surrounding epistocracy. While many discussions of epistocracy focus on its instrumental defenses, this paper aims to critically examine the non-instrumental jury argument offered by Jason Brennan. Brennan’s argument equates the rights of individuals in political decisions to their rights in jury decisions, asserting that just as individuals have a right to a competent jury, they likewise have a right to a competent electorate. We disagree. By juxtaposing the costs of enforcing such rights and the severity (...) of the harm prevented by their enforcement, this paper argues in favor of maintaining the right to a competent jury while denying the existence of a right to a competent electorate. The central claim is that while securing a competent jury is feasible and vital, attempting to secure a competent electorate poses significant challenges and may prevent less significant harm than perceived. (shrink)

Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcare. We argue that one prominent approach, the Rawlsian approach developed by Norman Daniels, is unable to provide such reasons and such care. This is because of a central feature in (...) Daniels' account, namely that care should be provided to restore people's opportunities. Daniels' view is both unable to provide pain relief to those who need it as a supplement to treatment and, without justice-based reasons to provide palliative care to those whose opportunities cannot be restored. We conclude that this makes Daniels' framework much less attractive. (shrink)

Luck egalitarianism is a family of egalitarian theories of distributive justice that aim to counteract the distributive effects of luck. This article explains luck egalitarianism's main ideas, and the debates that have accompanied its rise to prominence. There are two main parts to the discussion. The first part sets out three key moves in the influential early statements of Dworkin, Arneson, and Cohen: the brute luck/option luck distinction, the specification of brute luck in everyday or theoretical terms and the specification (...) of advantage as resources, welfare, or some combination of these. The second part covers three later developments: the democratic egalitarian critique of luck egalitarianism, the luck egalitarian acceptance of pluralism, and luck egalitarian doubts about the significance of the brute luck/option luck distinction. (shrink)

This paper considers issues raised by Elizabeth Anderson’s recent critique of the position she terms ‘luck egalitarianism’. It is maintained that luck egalitarianism, once clarified and elaborated in certain regards, remains the strongest egalitarian stance. Anderson’s arguments that luck egalitarians abandon both the negligent and prudent dependent caretakers fails to account for the moderate positions open to luck egalitarians and overemphasizes their commitment to unregulated market choices. The claim that luck egalitarianism insults citizens by redistributing on the grounds of paternalistic (...) beliefs, pity and envy, and by making intrusive and stigmatizing judgments of responsibility, fails accurately to characterize the luck egalitarian’s rationale for redistribution and relies upon luck egalitarians being insensitive to the danger of stigmatization. The luck egalitarian position is reinforced by the fact that Anderson’s favoured conception of equality, ‘democratic equality’, is counterintuitively indifferent to all unchosen inequalities, including intergenerational inequalities, once bare social minima are met. (shrink)

Critics of luck egalitarianism have claimed that, far from providing a justification for the public insurance functions of a welfare state as its proponents claim, the view objectionably abandons those who are deemed responsible for their dire straits. This article considers seven arguments that can be made in response to this ‘abandonment objection’. Four of these arguments are found wanting, with a recurrent problem being their reliance on a dubious sufficientarian or quasi-sufficientarian commitment to provide a threshold of goods unconditionally. (...) Three arguments succeed, showing that luck egalitarians have good reasons for assisting ‘negligent victims’ on account of changes that may occur in an individual between the time of their choice and their subsequent disadvantage, bad option luck, and doubts about free will and responsibility. Luck egalitarianism is therefore shown to offer strong support for public insurance. (shrink)

?Negative? and ?positive? liberty are not distinct types of freedom. They represent distinct points of stress within the one logical matrix. The abstract logical formula for liberty is taken to be ?A is free from x to do y?, where ?from x? is taken to implicate ?to do y?, and vice versa. By contrast, concrete cases of freedom ('rights'), such as ?from hunger? or ?to speak?, are taken always to contradict other concrete cases, such as property rights or defences against (...) libel, slander, or ?hate speech? more generally. As all rights are expressions of liberty, however mutually contradictory, we cannot appeal to liberty per se as a principle enabling us to mediate between them. Liberty pre?eminent, or indeed alone, seems too brittle to contain the alienation or anomie of modernity. It may now be necessary, philosophically, to decoct the glue of empathy, of friendship and, by extension, equality. (shrink)

Our ambivalent attitudes toward the notion of ‘a life worth living’ present a philosophical puzzle: Why are we of two minds about the birth of a severely disabled child? Is the child’s life worth living or not worth living? Between these two apparently incompatible evaluative judgments, which is true? If one judgment is true and the other false, what makes us continue to find both evaluations appealing? Indeed, how can we manage to hold these inconsistent judgments simultaneously at all? I (...) critically examine two solutions to this puzzle: the hidden-indexical account and Velleman’s anti-realist account. I propose an alternative explanation which appeals to (a) state-given, as opposed to object-given, reasons for belief and (b) the distinction between belief and acceptance. I argue that (1) the fact that a severely disabled life is not worth living provides object-given reason to believe that that life is not worth living, but (2) after the birth of a severely disabled child, the psychological utility of positive evaluation gives us a state-given reason to believe that that child’s life is worth living, and a reason to accept that, in our relation with the child, her life is worth living. I conclude by drawing a practical lesson about wrongful life suits. (shrink)

Conceptions of desert and responsibility have had a powerful influence in justifying economic inequality. Currently, they are being reaffirmed in policies advocated by the centre left in Britain. In contrast, luck egalitarianism, one of the dominant theoretical positions in contemporary political philosophy, puts equality at the top of the agenda and notoriously undermines traditional notions of desert and rejects the conception of personal responsibility on which traditional ideas rely. Although luck egalitarians are sceptical about desert and redefine responsibility to reduce (...) its role in arguments for just distribution, they nevertheless retain a commitment to holding people responsible for the distributive consequences of what they freely choose to do. They attempt to demonstrate that equality can be reconciled with responsibility. I will argue that luck egalitarians have not gone far enough in eliminating desert and responsibility from the armoury of social justice, and that their own arguments should have led them to do so. My aim in this article is to push the ideas implicit in luck egalitarian's arguments to their logical conclusion. I argue that for practical and conceptual reasons, they should have formulated their theories as though hard determinism is true, or nearly true, even if it is not. Denying the pertinence of judgements of desert and responsibility to questions of distributive justice removes an obstacle to egalitarian aims by suggesting a more egalitarian distribution than one that is hostage to voluntary choice. It could be accepted that luck egalitarianism cannot accommodate the concept of personal responsibility without accepting the conclusion that considerations of responsibility should be abandoned. However, any plausible account of responsibility would demonstrate that existing inequalities are undeserved, and that these inequalities make a mockery of politicans current emphasis on personal responsibility. (shrink)

Egalitarians claim that inequality in society is only justified to the extent that it results from choices freely and responsibly made. Inequality resulting from brute bad luck is not justified. I argue that luck, and therefore responsibility, are defined in terms of the reward structure. Luck and responsibility are epiphenomena of the incentives that people have to choose from the opportunity sets available. To that end egalitarians should look more directly at the degree of inequality that is acceptable and examine (...) more closely the classes of actions they want to leave to individual responsibility even though these will lead to greater inequality. State action should concentrate upon reducing inequality between classes of people; it cannot be expected to reduce all inequalities between people even though many of these will have only peripheral relationships to responsibility. (shrink)

Debates over egalitarianism for the most part are not concerned with constraints on achieving an egalitarian society, beyond discussions of the deficiencies of egalitarian theory itself. This paper looks beyond objections to egalitarianism as such and investigates the relevant psychological processes motivating people to resist various aspects of egalitarianism. I argue for two theses, one normative and one descriptive. The normative thesis holds that egalitarians must take psychological constraints into account when constructing egalitarian ideals. I draw from non-ideal theories in (...) political philosophy, which aim to construct moral goals with current social and political constraints in mind, to argue that human psychology must be part of a non-ideal theory of egalitarianism. The descriptive thesis holds that the most fundamental psychological challenge to egalitarian ideals comes from what are called Just World Beliefs. A troubling result of Just World Beliefs, one that poses a prima facie obstacle to egalitarianism, is that people tend to dismiss or explain away any threats to their belief that the world is fundamentally just. The pervasiveness and severity of Just World Beliefs predicts that people will be resistant to egalitarian policies. My aim is to show how research on Just World Beliefs can help diagnose common problems for egalitarianism and assist in making realistic recommendations for bringing current societies closer to egalitarian ideals. (shrink)

The prolonged public debate on human embryonic stem cell (ECS) research has reflected a deepening moral divide in American society over the ontological status of the human embryo and the morality o...

Our aims are to set forth a multiprinciple system for selecting among clinical trials competing for limited space in an immunotherapy production facility that supplies products under investigation by scientific investigators; defend this system by appealing to justice principles; and illustrate our proposal by showing how it might be implemented. Our overarching aim is to assist manufacturers of immunotherapeutic products and other potentially breakthrough experimental therapies with the ethical task of prioritizing requests from scientific investigators when production capacity is limited.

What is the morally significant feature of discrimination? All of the following seem plausible – (i) discrimination is a kind of wrongdoing and it wrongs discriminatees, which is a matter of intrapersonal morality; (ii) in view of cases of indirect discrimination, significant normative features of discrimination are best captured in a discriminatee‐focused, or harm‐based, way; and (iii) discrimination, as an act‐type, necessarily involves interpersonal comparison. The first task of this article is to address which of intra‐ or interpersonal comparison is (...) relevant to philosophical questions concerning discrimination. I submit that each of them has a place in the theory of discrimination; while interpersonal comparison is relevant in determining whether a differentiating act counts as discrimination, intrapersonal comparison is relevant in assessing whether it is morally wrong. The second task is to develop further a harm‐based answer to the latter question. My final proposal is as follows: discrimination is pro tanto morally wrong to the extent that it makes the discriminatees worse off than they would be were it not for the discrimination at issue, where one's well‐being is understood in terms of what one endorses in one's optimum form. (shrink)

The harshness objection is the most important challenge to luck egalitarianism. Very recently, Andreas Albertsen and Lasse Nielsen provided a scrupulous analysis of the harshness objection and claim that only the inconsistency objection—the objection that luck egalitarianism is incompatible with the ideal of basic moral equality—has real bite. I argue that the relevantly construed incoherence objection is not as strong as Albertsen and Nielsen believe. In doing so, first, I show that the deontological luck egalitarian conception of equal treatment does (...) not endorse harsh policies such as excessive responsibility-sensitive healthcare that would be disrespectful to the imprudent. Second, I demonstrate that deontological luck egalitarianism is not troubled by the case that involves a lack of respect for the prudent, which vexes Anderson’s relational egalitarianism that Kasper Lippert-Rasmussen’s argument highlights. I thus claim that the harshness objection is not a truly decisive objection against the luck egalitarian project. (shrink)

The issue of distributive justice receives substantial amount of attention in our society. On the one hand, we are sensitive to whether and the extent to which people are responsible for being worse off. On the other hand, we are mindful of society’s worst-off members. There has been a debate over luck egalitarianism, which relates to the former concern, and relational egalitarianism, which echoes the latter. By investigating the psychological processes of these two concerns, this paper examines the reliability of (...) the argument that Elizabeth Anderson, a renowned relational egalitarian, presents against luck egalitarianism and for relational egalitarianism. It also considers whether it is possible to support luck egalitarianism and relational egalitarianism simultaneously, using an online experiment. The results of the experiment show that, first, for ordinary people, the luck consideration is as important as the basic capabilities consideration. Second, while real people consider the degree of compensation through the factors of causality and responsibility, the lack of basic capabilities directs them to determine how much victims of bad luck should be compensated. This suggests that pluralist egalitarianism is on the right track. (shrink)

Luck egalitarians claim that disadvantage is worse when it emerges from an unchosen risk than when it emerges from a chosen risk. I argue that disadvantage is also worse when it emerges from an unchosen risk that the disadvantaged agent would have declined to take, had he or she been able to do so, than when it emerges from an unchosen risk that the disadvantaged agent would not have declined to take. Such a view is significant because it allows both (...) luck egalitarians and prioritarians to respond to Voorhoeve and Fleurbaey's charge that they fail to accommodate intuitions about the moral relevance of interpersonal boundaries – the so-called separateness of persons objection. I argue that the view is plausible independently of its ability to answer the separateness of persons objection, and is a natural extension of the luck egalitarian concern with the impact of unchosen circumstance. (shrink)

Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...) sanctions, and it is at least conceptually possible for there to be a legal system that lacks coercive enforcement altogether. This article then examines why most political philosophers and some legal philosophers have been reluctant to treat the conceptual possibility of non-coercive law as significant. (shrink)

What, if anything, is problematic about gentrification? This article addresses this question from the perspective of normative political theory. We argue that gentrification is problematic insofar as it involves a violation of city-dwellers’ occupancy rights. We distinguish these rights from other forms of territorial rights and discuss the different implications of the argument for urban governance. If we agree on the ultimate importance of being able to pursue one’s located life plans, the argument goes, we must also agree on limiting (...) the impact of gentrification on peoples’ lives. Limiting gentrification’s impact, however, does not entail halting processes of gentrification once and for all. (shrink)

Constellations, Volume 29, Issue 1, Page 34-47, March 2022.

Constellations, Volume 29, Issue 1, Page 34-47, March 2022.

In this essay I introduce Pierre Rosanvallon’s recent turn toward relational egalitarianism. Rosanvallon has come to find in relational equality the best remedy for liberal democracy’s crisis and thereby joins a number of egalitarian thinkers who prioritize social and political relations over material distribution in their accounts of equality. Rosanvallon stands out for his historic-genealogical engagement with equality. Unlike other egalitarians, Rosanvallon is also a theorist of democratic legitimacy and governance, which invites a broader contextualization of his egalitarianism. My aim (...) in this essay is to provide such contextualization and to further discuss how elements of earlier works prepared a turn to relational equality bound up with increasingly global political theorizing. Inspired by Tocqueville and Marx, Rosanvallon regards democratic socialism as the normatively preferable regime type for relational equality. As I try to show, his political ambitions for democratic socialism run into a number of problems, mainly due to a schizophrenic relationship to the notion of class and his remarks on the relationship between democracy and capitalism. (shrink)

Does the kind of socialist ideal articulated by G. A. Cohen in Why Not Socialism? add anything substantial to the Rawlsian conception of justice? Is it an ideal that Rawlsians should want to take on board, or is it ultimately foreign to their outlook? I defend a mixed answer to these questions. On the one hand, we shouldn’t underestimate the extent to which Rawls's theory already addresses the concerns that motivate Cohen’s appeal to the socialist ideal. Within the bounds of (...) a society living up to Rawls’s two principles of justice, I maintain, there would be little room left for an ideal of social relations to do any independent work. On the other hand, Cohen’s ideal may still have an important role to play within Rawlsian theory – not within the confines of a given society but on the international stage, beyond the liberal state as we know it. This asymmetry between the domestic and the international case stems from the fact that Rawls's principles of justice apply in full strength only at the domestic l... (shrink)

Abstract:This essay aims to bring two important lines of inquiry and criticism together. It first lays out an institutionally enriched account of what a just world economic order will look like. That account prescribes, via the requisites to that mechanism which most directly instantiates the account, “three realms of equal treatment and market completion”—the global products, services, and labor markets; the global investment/financial markets; and the global preparticipation opportunity allocation. The essay then suggests how, with minimal if any departure from (...) familiar canons of traditional international legal mandate interpretation, each of the Bretton Woods institutions—particularly the GATT/WTO and the IMF—can be viewed at least in part as charged with the task of fostering equal treatment and ultimate market completion within one of those three realms. The piece then argues that one of the institutions in particular—the World Bank—has, for reasons of at best negligent and at worst willful injustice on the part of influential state actors in the world community, fallen farthest short in pursuit of what should be viewed as its proper mandate. The article accordingly concludes that a fuller empowerment of the Bank to effect its ideal mission will press the Bretton Woods system more nearly into ethical balance, and with it the world into justice; and that full empowerment of the GATT/WTO and IMF should be partly conditioned upon the fuller empowerment of the Bank. (shrink)

This article attempts to do justice to two conflicting positions in current public debates. On the one hand, it defends a strong version of scientific freedom, according to which science should be free, not only from external obstacles and pressures but also from criticism that is based on reasons “of the wrong kind.” The only admissible criterion in debates about scientific claims, I argue, is whether there is sufficient evidence for their truth. Furthermore, I accept the anti-moralistic view that (non-)conformity (...) with moral ideals is never itself evidence. On the other hand, the article nevertheless argues that there is a possibility of legitimate moral criticism of moral claims. This argument relies on the popular (if controversial) idea that there is pragmatic encroachment – specifically, the idea that the standard of sufficiency for evidence is in part determined by pragmatic factors like the costs of error. This opens up the door for a certain type of legitimate moral criticism. For the costs that determine a standard of sufficiency for epistemic justification can also plausibly count as morally significant. There is thus a con-contingent connection between epistemic and moral defects of certain scientific claims. The resulting view is applied to concrete debates, most importantly about race, genetics and IQ. (shrink)

ABSTRACT:There is considerable overlap between the interests of business ethicists and those of political philosophers. Questions about the moral justifiability of the capitalist system, the basis of property rights, and the problem of inequality in the distribution of income have been of central importance in both fields. However, political philosophers have developed, especially over the past four decades, a set of tools and concepts for addressing these questions that are in many ways quite distinctive. Most business ethicists, on the other (...) hand, consider their field to be primarily a domain of applied ethics, and so adopt methods and conceptual frameworks developed by moral philosophers. In this paper, we discuss some of the salient differences between these two approaches, and suggest some ways in which business ethicists could benefit from taking a more “political philosophy” approach to these questions. Throughout, we underline the importance of seeking greater compatibility among the principles used in normative theorizing about markets, regulations, corporate governance, and business practices. (shrink)

ABSTRACT What kind of basic minimum do we owe to others? This paper defends a new procedure for answering this question. It argues that its minimally good life account has some advantages over the main alternatives and that neither the first-, nor third-, person perspective can help us to arrive at an adequate account. Rather, it employs the second-person perspective of free, reasonable, care. There might be other conditions for distributive justice, and morality certainly requires more than helping everyone to (...) secure a basic minimum. Still, if the minimally good life account is correct, and we owe everyone a basic minimum, we must ensure that everyone lives well enough. (shrink)

Opt-out systems of postmortem organ procurement are often supposed to be justifiable by presumed consent, but this justification turns out to depend on a mistaken mental state conception of consent. A promising alternative justification appeals to the analogical situation that occurs when an emergency decision has to be made about medical treatment for a patient who is unable to give or withhold his consent. In such cases, the decision should be made in the best interests of the patient. The analogous (...) suggestion to be considered, then, is, if the potential donor has not registered either his willingness or his refusal to donate, the probabilities that he would or would not have preferred the removal of his organs need to be weighed. And in some actual cases the probability of the first alternative may be greater. This article considers whether the analogy to which this argument appeals is cogent, and concludes that there are important differences between the emergency and the organ removal cases, both as regards the nature of the interests involved and the nature of the right not to be treated without one’s consent. Rather, if opt-out systems are to be justified, the needs of patients with organ failure and/or the possibility of tacit consent should be considered. (shrink)

Liberal egalitarianism is commonly criticized for being insufficiently sensitive to status inequalities and the effects of misrecognition. I examine this criticism as it applies to Ronald Dworkin’s ‘equality of resources’ and argue that, in fact, liberal egalitarians possess the resources to deal effectively with recognition-type issues. More precisely, while conceding that the distributive principles required to realize equality of resources must apply against a particular institutional background, I point out, following Dworkin, that among the principles guiding this background is a (...) ‘principle of independence,’ and that this principle, properly interpreted, requires government to protect people against the disadvantageous effects of wrongful prejudicial discrimination. Moreover, I give an account of wrongful prejudice which is grounded in a particular interpretation of the abstract egalitarian principle Dworkin requires for a government to be legitimate and which goes a long way toward acknowledging status inequalities. Finally, I suggest other resources within the theory for responding to residual problems of recognition not addressed by the principle of independence. (shrink)

This article provides a survey of various topics in which questions about taxation feature alongside questions about justice. It seeks to argue mainly that taxation is a rather fragmentary domain of inquiry about which it is hard to envisage the development of views about what justice requires with respect to tax policy in general. Guided by this idea, the article attempts to highlight some aspects of taxation whose connection with justice has been under-explored by philosophers, as well as to acquaint (...) the reader with a sense of the more thoroughly researched areas. (shrink)

:In this essay I defend an alternative account of why markets are legitimate. I argue that markets have a raison d’être—a potential to be valuable that, if fulfilled, would justify their existence. I characterize this potential in terms of the goods that are promoted by the legal protection of economic agency: resource discretion, contribution esteem, wealth, diffusion of power, and freedom of association. I argue that market institutions deliver these goods without requiring the participants to have shared ends, or shared (...) deliberation about joint ends—indeed, this feature is the source of the market’s distinctive contribution to well-being. I suggest that when markets lack legitimacy, this is because they fail to fulfill their raison d’être, or fail to be recognized as doing so. Thus, the contours of legal protection must be drawn so that these goods are realized together in a recognizable way, without sacrificing one good for the sake of others. Finally, I argue that this account is appealing because it allows regulators to consider a plurality of goods, and because it makes room for the essential role of rhetoric in securing market legitimacy. (shrink)

Gender discrimination continues to plague organizations. While the advent of the Internet and the digitization of commerce have provided both a mechanism by which goods and services can be exchanged, as well as an efficient way for consumers to voice their opinions about retailers (i.e., via online rating systems), recent work has begun to uncover significant biases that manifest during the review process. In particular, it has been suggested that the gig-economy’s elimination of previously anonymous arm’s-length transactions may re-introduce bias (...) into perceptions of quality. In this work, we build upon research that has identified biases based on ascriptive characteristics in rating systems of ridesharing platforms. In doing so, we conduct an online experiment using a series of factorial vignettes to consider not only willingness to transact but post-transaction perceptions of quality. Findings suggest that female drivers are not penalized ex ante for taking on gender incongruent roles, i.e., driving, and experience no penalty when a rider reports a high-quality experience. However, conditional upon a lower quality experience, there is a disproportionate penalty for female drivers. Strikingly, we also observe that historic high quality does not serve as a buffer against such penalties, as prior literature would suggest. These findings underscore the challenges platforms face in ensuring their participants are being evaluated in a fair and impartial way, and highlight the difficulties present when non-employees (customers) are rating non-employees (drivers) of the firm. (shrink)

As John Rawls makes clear in A Theory of Justice, there is a popular and influential strand of political thought for which brute luck – that is, being lucky in the so-called “lottery of life” – ought to have no place in a theory of distributive justice. Yet the debate about luck, desert, and fairness in contemporary political philosophy has recently been rekindled by a handful of philosophers who claim that desert should play a bigger role in theories of distributive (...) justice. In the present paper, we present the results of our attempts to fill in some of the missing empirical details of this debate. Our findings provide some preliminary evidence that, contrary to what most contemporary political philosophers have assumed, people are not as worried by natural luck as previously thought. Instead, people’s worries seem to be focused exclusively on inequalities generated by social luck. (shrink)

The purpose of this paper is to consider, in principle and at the most general level, a particular possible approach to educational policy‐making. This approach involves an education‐specific application of the notion of hypothetical markets first developed in Ronald Dworkin's book Sovereign Virtue: The theory and practice of equality . The paper distinguishes the concept of the market from the operation of any actual market, and from the operation of ‘market forces’ in any generalised sense. It continues by arguing that (...) hypothetical markets of the kind identified by Dworkin are not only distinct, in both their nature and purpose, from actual markets operating in education, but also—in the face of continuing widespread debate about the value, at particular times and places, of such actual markets—a potentially valuable theoretical tool for educational policy‐making. The paper then briefly considers a particular instance of such debate about actual markets in education. (shrink)

The purpose of this paper is to consider, in principle and at the most general level, a particular possible approach to educational policy-making. This approach involves an education-specific application of the notion of hypothetical markets first developed in Ronald Dworkin’s book Sovereign Virtue: The theory and practice of equality (2000). The paper distinguishes the concept of the market from the operation of any actual market, and from the operation of ‘market forces’ in any generalised sense. It continues by arguing that (...) hypothetical markets of the kind identified by Dworkin are not only distinct, in both their nature and purpose, from actual markets operating in education, but also—in the face of continuing widespread debate about the value, at particular times and places, of such actual markets—a potentially valuable theoretical tool for educational policy-making. The paper then briefly considers a particular instance of such debate about actual markets in education. (shrink)

Evidence provided by the scientific community strongly suggests that limits should be placed on greenhouse gas emissions. This means that states, firms, and individuals will have to face potentially serious burdens if they are to implement these limits. Which principles of justice should guide a global regime aimed at reducing greenhouse gas emissions originating from human activities, and most notably from CO2emissions? This is both a crucial and difficult question. Admittedly, perhaps this question is too ambitious, given the uncertainties and (...) complexities characterizing the issue of climate change. Yet, rather than listing them all at this stage, let us address the question in a straightforward manner, introducing some of these complexities as the need arises. (shrink)

This article aims to say what democracy is or what the predicate ‘democratic’ means, as opposed to saying what is good, right, or desirable about it. The basic idea—by no means a novel one—is that a democratic system is one that features substantial equality of political power. More distinctively it is argued that ‘democratic’ is a relative gradable adjective, the use of which permits different, contextually determined thresholds of democraticness. Thus, a system can be correctly called ‘democratic’ even if it (...) does not feature perfect equality of power. The article's central undertaking is to give greater precision to the operative notion of power. No complete or fully unified measure of power is offered, but several conceptual tools are introduced that help give suitable content to power measurement. These tools include distinctions between conditional versus unconditional power and direct versus indirect power. Using such tools, a variety of prima facie problems for the power equality approach are addressed and defused. Finally, the theory is compared to epistemic and deliberative approaches to democracy; and reasons are offered for the attractiveness of democracy that flows from the power equality theme. (shrink)

The world is undeniably full of injustice. Many feel that much political philosophy is practically impotent and engaged instead in overly abstract theorising insufficiently sensitive to the realities of the world. One response to this concern is David Miller’s influential model of evidence-based political philosophy, which claims to be sensitive to empirical evidence from the social sciences, takes seriously people’s opinions, and defends the role of facts in grounding normative principles. Using various examples from the field of global justice, one (...) of Miller’s key areas of work, I show that Miller’s method is unconvincing on two levels. His theoretical argument for fact-dependence is flawed, and his practical argument for an opinion-sensitive political theory is either guilty of status quo bias or, in an attempt to escape it, becomes self-defeating. While the paper is primarily critical, I endeavour also to draw out the implications of my critiques for the role of the ‘real world’ in theorising. (shrink)

In the last few decades, residency in some of the world’s desired destination cities has become a privilege, as housing supply has not kept pace with population growth. This has led to a significant rise in housing prices and consequently to the exclusion of middle- and low-income populations on a large scale. These developments have received only scant attention in political theory despite their prominence in local policymaking and their contribution to processes of redrawing the boundaries of inclusion into local (...) political communities. My focus in this article is on the question ‘is it morally permissible for cities to sort members by economic means, and grant the better-off privileged access to residency?’ I explore this question by examining the main arguments used to support the city’s right to selectively admit would-be members. This allows me to delineate the limitations of the city’s general duty to be accessible to all segments of society and to present particular cases where the city has special obligations to incorporate nonmembers. (shrink)

It is widely thought that we have good reason to try to be important. Being important or doing significant things is supposed to add value to our lives. In particular, it is supposed to make our lives exceptionally meaningful. This essay develops an alternative view. After exploring what importance is and how it might relate to meaning in life, a series of cases are presented to validate the perspective that being important adds no meaning to our lives. The meaningful life (...) does need valuable projects, activities, and relationships. But no added meaning is secured by those projects, activities, and relationships being especially significant. The extraordinary life has no more meaning than the ordinary life. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 9, Page 1226-1246, November 2022. In this study, we claim that political liberalism, despite harsh criticism, is still the best option available for providing a just and stable society. However, we maintain that political liberalism needs to be revised so as to be justifiable from the perspective of not only the “reasonable” in a Rawlsian sense but also the ones whom Rawls labels as “unreasonable.” To support our claim, going beyond Rawls’s original account, (...) we unpack the concept of unreasonableness and identify three different subsets that we label as the “partially reasonable,” the “non-reasonable,” and the “unreasonable.” We argue that both the “fully” reasonable and the “partially reasonable” would be included into the constituency of public justification; more specifically, we claim that the latter would support liberal institutions out of their reasons: we define these reasons as mutually intelligible reasons and claim that they allow to acknowledge the importance of a convergence approach to public justification. As for the “non-reasonable” and “unreasonable,” we claim that they cannot be included in the constituency of public justification, but they nonetheless could be compliant with liberal institutions if political liberalism offers them some reasons to comply: here, we claim that political liberalism should include them through engagement and propose reasoning from conjecture as an effecting way of offering reasons for compliance. In particular, we claim that through reasoning from conjecture, the “non-reasonable” could find conciliatory reasons to comply with liberal institutions on a stable base. With regard to the “unreasonable” in the strict sense, we claim that through reasoning from conjecture, their unreasonableness could be contained and they could find reasons—even if just self-interested—for complying with liberal institutions rather than defying them. In our discussion, we consider the different subsets not as “frozen” but as dynamic and open to change, and we aim to propose a more complex and multilayered approach to inclusion that would be able to include a wider set of people. To strengthen our argument, we show that the need for a wider public justification and for broader inclusion in liberal societies is grounded in respect for persons both as equal persons and as particular individuals. In particular, we claim that individuals’ values, ends, commitments, and affiliations activate demands of respect and can strengthen the commitment to the liberal–democratic order. Through a reformulation of the role of respect in liberal societies, we also show a kind of social and communitarian dimension that, we claim, is fully compatible with political liberalism and opens it up to “civic friendship” and “social solidarity,” which are constitutive elements for the development of a sense of justice and for the realization of a just and stable society. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 9, Page 1226-1246, November 2022. In this study, we claim that political liberalism, despite harsh criticism, is still the best option available for providing a just and stable society. However, we maintain that political liberalism needs to be revised so as to be justifiable from the perspective of not only the “reasonable” in a Rawlsian sense but also the ones whom Rawls labels as “unreasonable.” To support our claim, going beyond Rawls’s original account, (...) we unpack the concept of unreasonableness and identify three different subsets that we label as the “partially reasonable,” the “non-reasonable,” and the “unreasonable.” We argue that both the “fully” reasonable and the “partially reasonable” would be included into the constituency of public justification; more specifically, we claim that the latter would support liberal institutions out of their reasons: we define these reasons as mutually intelligible reasons and claim that they allow to acknowledge the importance of a convergence approach to public justification. As for the “non-reasonable” and “unreasonable,” we claim that they cannot be included in the constituency of public justification, but they nonetheless could be compliant with liberal institutions if political liberalism offers them some reasons to comply: here, we claim that political liberalism should include them through engagement and propose reasoning from conjecture as an effecting way of offering reasons for compliance. In particular, we claim that through reasoning from conjecture, the “non-reasonable” could find conciliatory reasons to comply with liberal institutions on a stable base. With regard to the “unreasonable” in the strict sense, we claim that through reasoning from conjecture, their unreasonableness could be contained and they could find reasons—even if just self-interested—for complying with liberal institutions rather than defying them. In our discussion, we consider the different subsets not as “frozen” but as dynamic and open to change, and we aim to propose a more complex and multilayered approach to inclusion that would be able to include a wider set of people. To strengthen our argument, we show that the need for a wider public justification and for broader inclusion in liberal societies is grounded in respect for persons both as equal persons and as particular individuals. In particular, we claim that individuals’ values, ends, commitments, and affiliations activate demands of respect and can strengthen the commitment to the liberal–democratic order. Through a reformulation of the role of respect in liberal societies, we also show a kind of social and communitarian dimension that, we claim, is fully compatible with political liberalism and opens it up to “civic friendship” and “social solidarity,” which are constitutive elements for the development of a sense of justice and for the realization of a just and stable society. (shrink)

The increasing implementation of and reliance on machine-learning (ML) algorithms to perform tasks, deliver services and make decisions in health and healthcare have made the need for fairness in ML, and more specifically in healthcare ML algorithms (HMLA), a very important and urgent task. However, while the debate on fairness in the ethics of artificial intelligence (AI) and in HMLA has grown significantly over the last decade, the very concept of fairness as an ethical value has not yet been sufficiently (...) explored. Our paper aims to fill this gap and address the AI ethics principle of fairness from a conceptual standpoint, drawing insights from accounts of fairness elaborated in moral philosophy and using them to conceptualise fairness as an ethical value and to redefine fairness in HMLA accordingly. To achieve our goal, following a first section aimed at clarifying the background, methodology and structure of the paper, in the second section, we provide an overview of the discussion of the AI ethics principle of fairness in HMLA and show that the concept of fairness underlying this debate is framed in purely distributive terms and overlaps with non-discrimination, which is defined in turn as the absence of biases. After showing that this framing is inadequate, in the third section, we pursue an ethical inquiry into the concept of fairness and argue that fairness ought to be conceived of as an ethical value. Following a clarification of the relationship between fairness and non-discrimination, we show that the two do not overlap and that fairness requires much more than just non-discrimination. Moreover, we highlight that fairness not only has a distributive but also a socio-relational dimension. Finally, we pinpoint the constitutive components of fairness. In doing so, we base our arguments on a renewed reflection on the concept of respect, which goes beyond the idea of equal respect to include respect for individual persons. In the fourth section, we analyse the implications of our conceptual redefinition of fairness as an ethical value in the discussion of fairness in HMLA. Here, we claim that fairness requires more than non-discrimination and the absence of biases as well as more than just distribution; it needs to ensure that HMLA respects persons both as persons and as particular individuals. Finally, in the fifth section, we sketch some broader implications and show how our inquiry can contribute to making HMLA and, more generally, AI promote the social good and a fairer society. (shrink)