This article asks about the justification for the principle of political equality in the sense of equal entitlement to basic rights. A preliminary portion criticizes standard justifications that refer to a property or properties all human beings share; these fail because they are untrue, irrelevant, or question-begging. The more substantial and constructive portion of the article then argues for a different, indirect mode of justification, based on rebuttals of historical presumptions of inequality and the actual evolution of the idea of (...) equality through partial steps and specific precedents. The justification of political equality is thus connected to the explanation of its emergence. (shrink)

One way to think about capitalism-versus-socialism is to examine the extent to which capitalist economic institutions are compatible with the fulfillment of socialist ideals. The late G. A. Cohen has urged that the two are strongly incompatible. He imagines how it would make sense for friends to organize a camping trip, distills the socialist moral principles that he sees fulfilled in the camping trip model, and observes that these principles conflict with a capitalist organization of the economy. He adds that (...) these principles are ethically attractive, so if it is feasible to organize the economy on the camping trip model, we ought to do so. This essay argues to the contrary that for all that has been said, capitalist economic arrangements might be in the set of institutional arrangements that overall would best fulfill the camping trip principles, and anyway, the principles themselves ought to be rejected, so the question whether or not a capitalist set-up might satisfy these principles should not interest us. The grounds for rejecting the camping trip principles support a form of welfarist consequentialism that denies that equality of distribution of any sort is per se ethically desirable and also denies that liberal freedoms to live as one chooses are per se morally desirable. Equality and freedom should rather be regarded as in the light of possible means (or hindrances) to advancing good for people, fairly distributed. (shrink)

Exploitation is interacting with another in a way that takes unfair advantage of that person. Exploitation is thought to be morally wrong even when it would bring about the best attainable outcome, hence conflicts with the consequentialist morality that holds one ought always to do whatever would bring about the best outcome. This essay aims to reconcile norms against exploitation and act consequentialism. A puzzle about exploitation is raised and resolved.

In Wuthering Heights a man and a woman fall in love and their passion for each other wreaks havoc on several lives, theirs included. Long after his beloved is dead, Heathcliff’s life revolves entirely around his love for her. Frustrated by events, his grand romantic passion expresses itself in destructive spasms of antisocial behavior. Catherine, the object of this passion, marries another man on a whim, but describes her feelings for him as like superficial foliage, whereas ‘her love for Heathcliff (...) resembles eternal rocks beneath.’ ‘I am Heathcliff,’ she declares, shortly before dying at the age of nineteen. (shrink)

Dozens of countries have established Sovereign Wealth Funds (SWFs) in the last decade or so, in the majority of cases employing those funds to manage the large revenues gained from selling resources such as oil and gas on a tide of rapidly rising commodity prices. These funds have raised a series of ethical questions, including just how the money contained in such funds should eventually be spent. This article engages with that question, and specifically seeks to connect debates on SWFs (...) with debates onglobaljustice. Just how good are national claims to the great wealth contained in SWFs in the first place? Using the example of Norway's very large SWF – derived from selling North-Sea petroleum – I show that national claims are at least sometimes very weak, with the implication that the wealth in many such funds is ripe for redistribution in the interests of global justice. I conclude by offering some guidance for how the money contained in such funds could best be spent, with the goal of advancing global justice. (shrink)

The death of multiculturalism has been pronounced many times. In spite of this, this political program has proven resilient and the fact of cultural diversity remains inescapable in most liberal democracies. Still, with the rise of the far right, the migrant crises in the United States and Europe and with social movements pushing the boundaries of multicultural theory, it is high time to review multiculturalism, a movement of the late 20th century, and see where it is headed in the 21st (...) century. This article has two objectives. First, after reviewing three debates—anti‐essentialists versus multiculturalism, interculturalism versus multiculturalism and multiculturalism versus the welfare state—I argue that the normative core of multiculturalism is still viable. Second, I argue that multiculturalism remains unable to contribute to some of the most pressing issues of the 21st century and point to a novel approach to the justification of multicultural policies. This justification relies on the concept of vulnerability, a concept that plays an important but undertheorized role in current multicultural theories. (shrink)

Many of the foremost defenders of distributive egalitarianism hold that its scope should be limited to co-citizens. But this bracketing of distributive equality exclusively to citizens turns out to be very difficult to defend. Pressure is placed on it, for instance, when we recognize its vulnerability to ?extension arguments? which attempt to cast the net of egalitarian concern more widely. The paper rehearses those arguments and also examines some ? ultimately unsuccessful ? responses which ?citizenship egalitarians? might make. If it (...) does turn out that citizenship egalitarianism cannot be defended, then two options are open to its adherents: to modify that position substantially in order to embrace at least some global egalitarian components, or to argue for a reorganization of citizenship regimes in such a way that citizenship might properly track the subjects of egalitarian justice. Both are radical options. Finally, the paper then briefly considers one way in which an attenuated form of citizenship egalitarianism might still be defended. (shrink)

This paper discusses what implications global luck egalitarianism (GLE) has for border control. Some authors suggest that an open‐borders policy follows from GLE. The idea is that various unchosen inequalities inevitably follow from differences in birthplace, such that GLE will always have principled reason to condemn closed borders. Others are skeptical of the assumption that GLE will have liberal implications for border control, because open borders may have other, adverse effects that outweigh the reductions in unjust inequality. Against such skeptics, (...) we argue that GLE will (typically) have quite liberal implications for border control. However, this connection is not a principled one: Whether (and to what extent) GLE favors opening or closing borders will depend upon empirical circumstances. (shrink)

With by far the lowest population density in the United States, myriad challenges attach to healthcare delivery in Alaska. In the “Size, Population, and Accessibility” section, we characterize this geographic context, including how it is exacerbated by lack of infrastructure. In the “Distributing Healthcare” section, we turn to healthcare economics and staffing, showing how these bear on delivery—and are exacerbated by geography. In the “Health Care in Rural Alaska” section, we turn to rural care, exploring in more depth what healthcare (...) delivery looks like outside of Alaska’s major cities. This discussion continues in the “Alaska’s Native Villages” section, which specifically analyzes healthcare in Alaska’s indigenous villages, some of the smallest and most isolated communities in the United States. Though many of the ways we could improve Alaskan health care for Alaskan residents are limited by its unique features, the “Justice and Healthcare Delivery” and “Technology and Telemedicine” sections consider ways in which certain policies and technology—including telemedicine—could mitigate the challenges developed in previous sections. (shrink)

According to luck egalitarianism, it is unjust if some are worse off than others through no fault or choice of their own. The most common criticism of luck egalitarianism is the ‘harshness objection’, which states that luck egalitarianism allows for too harsh consequences, as it fails to provide justification for why those responsible for their bad fate can be entitled to society's assistance. It has largely gone unnoticed that the harshness objection is open to a number of very different interpretations. (...) We present four different interpretations of the harshness objection in which the problem pertains to counterintuitive implications, badness of outcome, disproportionality, or inconsistency, respectively. We analyse and discuss appropriate luck egalitarian replies. Disentangling these different versions clarifies what is at the heart of this dispute and reveals the point of the harshness objection. We conclude that only the inconsistency version involves a durable problem for luck egalitarianism. (shrink)

In the luck egalitarian literature, one influential formulation of luck egalitarianism does not specify whether equalities that do not reflect people’s equivalent exercises of responsibility are bad with regard to inequality. This equivocation gives rise to two competing versions of luck egalitarianism: asymmetrical and symmetrical luck egalitarianism. According to the former, while inequalities due to luck are unjust, equalities due to luck are not necessarily so. The latter view, by contrast, affirms the undesirability of equalities as well as inequalities insofar (...) as they are due to luck. The symmetrical view, we argue, is by far the more compelling, both by internal luck egalitarian standards and in light of the external rightist emphasis on choice and responsibility to which luck egalitarianism may partly be seen as a response. Our main case for the symmetrical view is that when some people, against a background of equal opportunities, do not exercise their responsibility to the same degree as others, they cannot justifiably call for equalizing measures to be put in place. Indeed, such measures would be positively unfair. The symmetrical view, accordingly, rejects compensation in such cases, whereas the asymmetrical view, implausibly, enjoins it. We also examine two objections to this argument. First, that this view fails to qualify as genuinely egalitarian, instead collapsing the notion of equality into the notion of desert. Second, that the opposing asymmetrical view, in contrast to the symmetrical view, can draw support from its compatibility with sufficientarian concerns. Both objections are rebutted. We conclude that luck egalitarians are best served by endorsing the symmetrical, luck-neutralizing stance. (shrink)

Several attempts have been made to apply the choice-sensitive theory of distributive justice, luck egalitarianism, in the context of health and healthcare. This article presents a framework for this discussion by highlighting different normative decisions to be made in such an application, some of the objections to which luck egalitarians must provide answers and some of the practical implications associated with applying such an approach in the real world. It is argued that luck egalitarians should address distributions of health rather (...) than healthcare, endorse an integrationist theory that combines health concerns with general distributive concerns and be pluralist in their approach. It further suggests that choice-sensitive policies need not be the result of applying luck egalitarianism in this context. (shrink)

We present an experiment designed to investigate three different mechanisms to achieve impartiality in distributive justice. We consider a first-person procedure, inspired by the Rawlsian veil of ignorance, and two third-party procedures, an involved spectator and a detached observer. First-person veiled stakeholders and involved spectators are affected by an initially unfair distribution that, in the stakeholders’ case, is to be redressed. We find substantial differences in the redressing task. Detached observers propose significantly fairer redistributions than veiled stakeholders or involved spectators. (...) Risk preferences partly explain why veiled stakeholders propose less egalitarian redistributions. Surprisingly, involved spectators, who are informed about their position in society, tend to favour stakeholders holding the same position as they do after the initial distribution. (shrink)

In recent decades, economists have developed methods for measuring the country-wide level of inequality of opportunity. The most popular method, called the ex-ante method, uses data on the distribution of outcomes stratified by groups of individuals with the same circumstances, in order to estimate the part of outcome inequality that is due to these circumstances. I argue that these methods are potentially biased, both upwards and downwards, and that the unknown size of this bias could be large. To argue that (...) the methods are biased, I show that they ought to measure causal or counterfactual quantities, while the methods are only capable of identifying correlational information. To argue that the bias is potentially large, I illustrate how the causal complexity of the real world leads to numerous non-causal correlations between circumstances and outcomes and respond to objections claiming that such correlations are nonetheless indicators of unfair disadvantage, that is, inequality of opportunity. (shrink)

Forced choices between rescuing imperilled persons are subject to a presumption of equality. Unless we can point to a morally relevant difference between these persons' imperilments, each should get an equal chance of rescue. Sometimes, this presumption is overturned. For example, when one imperilled person has wrongfully caused the forced choice, most think that this person (rather than an innocent person) should bear the harm. The converse scenario, in which a forced choice resulted from the supererogatory action of one of (...) the imperilled people, has received little attention in distributive ethics. I argue that, sometimes, we need not offer equal chances in these cases either. When the supererogatory act places the initially imperilled person under a reciprocal duty to bear risks for the supererogatory agent's sake in the forced choice, we may fulfil this duty for them if they are unable to do it themselves, by favouring the supererogatory agent. (shrink)

This essay argues that David Miller's criticisms of global egalitarianism do not undermine the view where it is stated in one of its stronger, luck egalitarian forms. The claim that global egalitarianism cannot specify a metric of justice which is broad enough to exclude spurious claims for redistribution, but precise enough to appropriately value different kinds of advantage, implicitly assumes that cultural understandings are the only legitimate way of identifying what counts as advantage. But that is an assumption always or (...) almost always rejected by global egalitarianism. The claim that global egalitarianism demands either too little redistribution, leaving the unborn and dissenters burdened with their societies' imprudent choices, or too much redistribution, creating perverse incentives by punishing prudent decisions, only presents a problem for global luck egalitarianism on the assumption that nations can legitimately inherit assets from earlier generations – again, an assumption very much at odds with global egalitarian assumptions. (shrink)

The annual cost of healthcare in the United States reached $2.5 trillion in 2009 (about 17.6% of GDP) with projections to 2019 of about $4.5 trillion (about 20% of likely GDP).

The annual cost of healthcare in the United States reached $2.5 trillion in 2009 (about 17.6% of GDP) with projections to 2019 of about $4.5 trillion (about 20% of likely GDP).

In this article, we examine how language and linguistic membership might feature in luck egalitarianism, what a luck-egalitarian theory of linguistic justice would look like, and, finally, what the emphasis on language teaches us about the validity of standard luck-egalitarian assumptions. We show that belonging to one language group rather than another is a morally arbitrary feature and that where membership of a specific linguistic group affects individual chances, the effects of such bad brute luck ought to be neutralized on (...) the luck-egalitarian view. We assess two ways of redressing those kinds of unjustified inequalities: the ‘universal language’ option and the ‘linguistic advantages for all’ option. But we also argue, in the second part, that exploring luck egalitarianism through the lens of language exposes some difficulties intrinsic in many existent luck-egalitarian theories. We argue that treating circumstances one identifies with as choices is problematic. In addition, we argue that the linguistic preconditions of both the capacity to be responsible as well the exercise of responsibility complicate the idea of individual responsibility on which most luck-egalitarian theories rely. We conclude by suggesting the need to develop a luck-egalitarian theory of justice which is less reliant on causal features of the distinction between choice and circumstance and which is more sensitive to the idea of collective cooperation as opposed to individual responsibility. (shrink)

The postwar welfare state provides social insurance against economic, health, and related risks in an uncertain world. Because everyone can envision themselves to be among the unfortunate, social insurance fuses self-interest and solidarism in a normative principle Friedman (2020) calls probabilistic justice. But there is a competing principle of status defense, where the aim is to erect boundaries between socioeconomic strata and discourage cross-class mobility. We argue that this principle dominates when inequality is high and uncertainty low. The current moment (...) is one of high inequality and high uncertainty, which results in intense status anxiety, yet does not rule out solidaristic solutions. Our contributions are to diagnose the causes of our current malaise, and to theorize the normative bases for the political choice facing contemporary western democracies. (shrink)

IntroductionThe various special concerns and commitments that individuals ordinarily have, for example towards family members, friends, and possibly compatriots, present an interesting challenge for justice. Justice, after all, is said to be blind and imposes demands on persons that ought to be impartial, at least in some respects, to personal ties and relationships. Yet individual special concerns are obviously of moral importance and are deeply valued by participants in these relationships. Thus any conception of justice to be plausible has to (...) be able to accommodate to some extent the various types of valuable and valued special concern characteristic of ordinary social life. In particular, it is important to see how the impartial demands of justice can be maintained while accommodating special concern. (shrink)

The “welcome return” to “substantive political philosophy” that Rawls'sA Theory of Justicewas said to herald has resulted in forty years of proposals seeking to show that philosophical reflection leads to the demonstrable truth of almost every and any conceivable view of the justice of property rights. Select any view—from the justice of unregulated capitalist markets to the most extreme forms of egalitarianism—and one will find that some philosophers have proclaimed that rational reflection uniquely leads to its justice. This is, I (...) believe, a sort of ideological thinking masquerading as philosophizing. In this paper, using some tools from game theory as well as experimental findings, I seek to sketch a non-ideological approach to the question of the justification of property rights. On this approach the aim of political philosophy is, first and foremost, to reflect on whether our social rules of property are within the “optimal eligible set” of rules acceptable to all. (shrink)

It is widely held that for a life to be conferred meaning it requires the appropriate type of agency. Call this the agency requirement. The agency requirement is primarily motivated in the philosophical literature by the assumption that there is a widespread pre-theoretical intuition that humans have the capacity for meaning whereas animals do not; and that difference must come down to their agency or lack thereof. This paper aims to undercut the motivation for the agency requirement by arguing our (...) pre-theoretical intuitions actually run opposite; that animals, and even objects, can have meaningful lives/existences. The argument is twofold. First, I extend an existing argument for animals as having a capacity for meaning to objects. Second, I argue maintaining that only humans have the capacity for meaning results in the more counterintuitive upshot that all animals and objects have, by definition, meaningless existences. Since we pre-theoretically believe that anything can be meaningful—even things which by definition lack agency—then we have strong reason for being sceptical about an agency requirement for meaning in life. (shrink)

We defend the moral and legal right to secede in accordance with plebiscitary theory. Our paper has three main goals. First, by offering a schematic characterization of plebiscitary theory, the main arguments in its favour (and the main objections to them), we contribute to clarify the structure of this complex debate. Second, we stress the point that, if the moral right to secede is established, the resistance for its inclusion into positive law is unjustified. Finally, by addressing old and new (...) objections to plebiscitary theory, we hope to make a compelling case for a wider recognition of secessionist rights. (shrink)

Implicitly or explicitly, youth work practitioners, scholars and advocates typically invoke a set of egalitarian values to explain, justify and promote the ethical basis of their work. Despite such commitments, there exists conceptual ambiguity surrounding equality across much of the youth work literature which has significant consequences for how youth work is framed and defended. This article introduces the interdisciplinary field of Equality Studies and argues that an Equality Studies approach provides a means to (i) clarify equality-related normative goals within (...) the youth work field and (ii) enhance radically orientated youth work by strengthening the conception of equality at its core. It analyses three areas of conceptual ambiguity within the youth work literature with respect to the value of equality, in each case demonstrating how an Equality Studies approach can help remedy the problem. These areas are: (i) the assumption that equality means ‘sameness’; (ii) the limits of equality of opportunity and anti-discrimination; and (iii) the relationship between equality and other values. It then evaluates the concept of ‘equity’, arguing that it is a vague, inadequate and unnecessary vehicle for capturing egalitarian concerns. The article concludes with some comments on the feasibility of radically egalitarian youth work. (shrink)

The capabilities approach is the theory according to which, in order to assess people's quality of life and reflect on the basic political entitlements, we should consider what people are capable of doing and being. Focusing mostly on Nussbaum's account, a number of scholars analysed the metaethical structure underlying the approach, showing her Aristotelian and Kantian sources. This article explores another aspect of Nussbaum's theory which has so far been somewhat overlooked: the role of emotions in the justification and motivational (...) support of the approach. After showing the importance Nussbaum places on compassion (and other benevolent emotions) to warrant her moral theory, I argue that – assuming her own cognitive account of compassion – her argument begs the question. I will then contend that Nussbaum's case does not have the inner tools to overcome such a circularity, trying to suggest, in conclusion, a possible way out which is consistent with it. (shrink)

Political egalitarians tend to defend equal distributions of voting power at specific times, as in ‘one election, one vote’. Appealing as it is, the principle seems incompatible with distributing power proportionally to the stakes voters have at different elections, as in ‘one stake, one vote’. This article argues that the tension above stems from the temporal scope ascribed to political equality, as at specific moments of democratic decision-making instead of over entire lives. More specifically, ascribing a lifetime view to political (...) equality renders equality compatible with proportionality at different elections. I first show that storable votes differ from standard votes in their distinctive commitment to lifetime political equality. I then argue that storable voting schemes are compatible with three key reasons to value political equality: equal consideration of interests, relational equality, and non-domination. Finally, storable votes are also consistent with proportionality at specific times. I conclude that the neglected idea of lifetime political equality can, through storable votes, deliver proportionality without inequality. (shrink)

The rise of East Asian Confucian heritage societies (China, South Korea, Japan, Taiwan, Vietnam and Singapore) has inspired an enormous amount of new empirical research. At the political level, one...

Normative discourse on genocide frequently refers to group injuries, but this can be problematic for those for whom normative justification ought, in principle, to be reducible to individual terms. Such ethical individualists may hold that an ultimately individualizable description of injury is always theoretically superior (in lacking either superfluous or ontologically suspect entities). Accepting the strictures of individualistic justification, this paper presumes that attributing injury to group subjects will be unsatisfying if this attribution does not include a normatively significant group (...) character. Taking up these challenges, this essay analyzes the conceptual possibility of normatively significant group injury, describing its necessary and sufficient conditions. (shrink)

In his 2011 book Justice for Hedgehogs, Ronald Dworkin makes a case for the view that genuine values cannot conflict and, moreover, that they are necessarily mutually supportive. I argue that by prioritizing coherence over the conceptual authenticity of values, Dworkin’s ‘interpretivist’ view risks neglecting what we care about in these values. I first determine Dworkin’s position on the monism/pluralism debate and identify the scope of his argument, arguing that despite his self-declared monism, he is in fact a pluralist, but (...) unusual in denying conflict between plural values. I then set out the structure of his interpretive theory of value relations and present a case of value conflict which I think interpretivism cannot deal with. Following this I argue that there are structural reasons why cases like this are liable to occur and suggest that interpretivism will frequently fail to properly reflect people’s moral commitments because reinterpretation of values has the side effect of excluding important moral commitments from our conceptions of values. While, as Dworkin argues, there are no brute moral facts concerning values, moral psychology constrains the range of acceptable conceptions of values. Given the shortcomings of interpretivism I conclude that we should acknowledge that values may conflict. (shrink)

The World Health Organization (WHO) has identified mental health as a priority for global health promotion and international development to be targeted through promulgation of evidence-based medical practices, health systems reform, and respect for human rights. Yet these overlapping strategies are marked by tensions as the historical primacy of expert-led initiatives is increasingly subject to challenge by new social movements — in particular, disabled persons' organizations (DPOs). These tensions come into focus upon situating the WHO's mental health policy initiatives in (...) light of certain controversies arising under the Convention on the Rights of Persons with Disabilities (CRPD), particularly as it applies to persons with mental (psychosocial) disabilities. I examine two such controversies — concerning, respectively, the legitimacy of involuntary psychiatric interventions and the legitimacy of regimes of substitute decision-making. These controversies illustrate the radical challenges to global and domestic mental health policy that have gained new momentum through the participation of DPOs in the CRPD process. At the same time, they illustrate the need for ongoing, inclusive forums for deliberation at the nexus of mental health policy and human rights, aimed at enabling human flourishing within a framework of respect for diversity. (shrink)

The World Health Organization has in the last decade identified mental health as a priority for global health promotion and international development, to be targeted through promulgation of evidence-based medical practices, health systems reform, and respect for human rights. Yet these overlapping strategies are marked by tensions as the historical primacy of expert-led initiatives is increasingly subject to challenge by new social movements — in particular, disabled persons’ organizations. These tensions come into focus upon situating the WHO’s contributions to the (...) analysis of global mental health in light of the negotiation and early stages of implementation of the Convention on the Rights of Persons with Disabilities, particularly as it applies to persons with mental disabilities. (shrink)

Geographic definitions of constituency—the set of voters eligible to vote for a representative—have been criticized by theorists and reformers as undermining democratic values. I argue, in response, that there is no categorical (or even generally applicable) reason sounding in political equality to reject geographic districts. Geographic districting systems are typically flexible enough that, when properly designed, and matched with an appropriate electoral system, they can satisfy the requirements of political equality. More generally, I argue that it is a mistake to (...) evaluate the egalitarian character of constituency definitions in isolation from the political decision-making process as a whole. While it is conceptually important that we can detach constituency definition from other features of electoral systems, when it comes to normative and evaluative judgment, we ought to judge holistically. When we do so, we will rarely find general reasons to prefer one type of constituency definition to another. Geographic districts may offer benefits of logistical convenience and information circulation, even given the existence of advanced information technology. The best reason to reject geographic districts is their liability to anti-democratic abuse. Their defensibility in any given polity thus depends on how feasible it is to protect against such abuses while retaining a geographic districting system. (shrink)

Robert Sparrow (2014) argues that moral bioenhancement - the project of attempting to improving moral character via medical or biological means - ought to be of great concern to egalitarians. Importantly, Sparrow's argument is meant to apply regardless of whether such bioenhancement is likely to be successful. In this response, I argue against Sparrow's worries concerning successful moral bioenhancement. This response highlights that it may not be possible to separate moral questions of the permissibility of bioenhancement from scientific and conceptual (...) questions regarding its possibility. (shrink)

If there is one point on which defenders and critics of the doctrine of proportionality agree, it is that Dworkin's rights as trumps model stands as a radical alternative to the doctrine. Those who are sympathetic to proportionality reject the rights as trumps model for failing to acknowledge that there are conditions under which a right may be justifiably infringed. In turn, those who regard rights as trumps reject the doctrine of proportionality for failing to take rights seriously. This paper (...) argues that each of these views is mistaken. On the one hand, Dworkin's rights as trumps model elides with a prominent version of the proportionality doctrine. On the other, this version takes rights seriously. (shrink)

In this paper, I examine the terms on which John Simmons rejects all arguments for a moral obligation to obey the law and so defends “philosophical anarchism.” Although I accept his rejection of several criteria on which others might and often do insist, I criticize his reliance on the conditions of “generality” and “particularity.” In doing so, I propose an alternative to his influential conception of legitimacy.

This paper defends the pertinence of global justice in the contemporary world. It accepts, for the sake of argument, Nagel's view that matters of justice arise only when political authority is asserted or exercised and, connectedly, his rejection of the cosmopolitan thesis. However, it challenges his conclusion that considerations of justice do not apply beyond the state. It argues that on any plausible account of the relationship between authority and justice international institutions, such as the World Trade Organisation, are now (...) authoritative in the right way to justify their evaluation from the point of view of justice. (shrink)

This paper examines the apparently widespread belief that the democratic pedigree of a state implies a moral obligation to obey its laws. The analysis focuses on the work of Ronald Dworkin, who is, perhaps surprisingly, alone among theorists of democracy in claiming that those whom the law addresses are morally bound to obey it whenever it is democratic. From Dworkin’s expansive conception of democracy, political obligation follows. But democracy should not be construed so widely. Rather, it ought to be conceived (...) more narrowly, such that, as other theorists concede, it cannot be more than part of a case for a moral obligation to obey the law. Hence, belief in the sufficiency of democracy for political obligation, notwithstanding its ostensible popularity, has yet to be justified. (shrink)

In this paper I aim to examine some problematic implications of the fact that individuals are prone to making systematic reasoning errors, for resource egalitarianism. I begin by disentangling the concepts of preferences, choices and ambitions, which are sometimes used interchangeably by egalitarians. Subsequently, I claim that the most plausible interpretation of resource egalitarianism takes preferences, not choices, as the site of responsibility. This distinction is salient, since preference-sensitive resource egalitarianism is faced with an important objection when applied to situations (...) in which the empirically reasonable assumption that individuals have different degrees of computational abilities is introduced. I first show that this objection can be raised in cases involving individuals who have incomplete information, but that it ultimately fails for such cases since we can appeal to higher order insurance markets in order to mitigate any initial concerns. I further claim, however, that the objection is much more powerful in cases involving individuals who have different reasoning skills, since the appeal to higher order insurance markets is no longer tenable. Consequently, the ideal principle of justice proposed by Dworkin is met with a new feasibility challenge. Finally, I claim that the problem of reasoning errors and various forms of cognitive biases also affect Dworkin’s non-ideal principle of justice, skewing the outputs of the hypothetical insurance mechanism in an unjustifiable manner. (shrink)

In this paper we aim to examine a novel view on distributive justice, i.e. limitarianism, which claims that it is morally impermissible to be rich. Our main goal is to assess the two arguments provided by Ingrid Robeyns in favour of limitarianism, namely the democratic argument and the argument from unmet urgent needs and the two distinct limitarian views which these arguments give rise to. We claim that strong limitarianism, which is supported by the democratic argument, should be rejected as (...) it fails to fully instantiate the value of political equality, while having some other unattractive implications as well. By contrast, we argue that weak limitarianism, which is supported by the argument from unmet urgent needs, should be endorsed, albeit in a qualified version which also takes responsibility constraints into consideration. (shrink)

According to luck egalitarianism, inequalities are justified if and only if they arise from choices for which it is reasonable to hold agents responsible. This position has been criticised for its purported harshness in responding to the plight of individuals who, through their own choices, end up destitute. This paper aims to assess the Harshness Objection. I put forward a version of the objection that has been qualified to take into account some of the more subtle elements of the luck (...) egalitarian approach. Revising the objection in this way suggests that the Harshness Objection has been overstated by its proponents: because luck egalitarians are sensitive to the influence of unequal brute luck on individuals’ choices, it is unlikely that there will be any real world cases in which the luck egalitarian would not have to provide at least partial compensation. However, the Harshness Objection still poses problems for the luck egalitarian. First, it is not clear that partial compensation will be sufficient to avoid catastrophic outcomes. Second, the Harshness Objection raises a theoretical problem in that a consistent luck egalitarian will have to regard it as unjust if any assistance is provided to the victim of pure option luck, even if such assistance could be provided at no cost. I consider three strategies the luck egalitarian could pursue to accommodate these concerns and conclude that none of these strategies can be maintained without either violating basic luck egalitarian principles or infringing upon individual liberty. (shrink)

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they are mere negative liberties, something that (...) capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism. (shrink)