Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

I argue that a theory of distributive justice is sensitive to desert if and only if it does not require an institutional scheme that prevents individuals from treating one another as they deserve, and requires a desert ethos. A desert ethos is a set of principles that, though not embodied in a society’s basic coercive structure, nevertheless governs interpersonal relations between citizens. These two necessary conditions are jointly sufficient for ‘giving desert its due’ in a theory of justice. I therefore (...) reject the received view that a desert-sensitive theory must endeavor to guarantee distributions patterned according to desert. (shrink)

Conventional wisdom among contemporary liberal egalitarians is that taxing individuals according to their “endowment” or “earnings capacity” would constitute an unacceptable intrusion on basic human liberties. In effect, the argument goes, such a scheme would result in a type of slavery - in order to pay the tax, people would be forced to accept jobs commensurate with their identified levels of endowment. The most succinct formulation of this argument comes from John Rawls, who argued that an endowment tax “would force (...) the more able into those occupations in which earnings were high enough for them to pay off the tax; it would interfere with their liberty to conduct their life within the scope of the principles of justice…”This Article examines the Rawlsian objection to endowment taxes and considers whether it can be distinguished from the libertarian claim, advanced most famously by Robert Nozick, that taxation of earnings is unjust because it is “on a par with forced labor.” The Article’s principal claim is that unless one assigns greater moral value to non-market activities than to market activities (a position arguably in tension with the liberal principle of neutrality as between alternative visions of the good life), there is no difference in kind or in degree between the interference with liberty occasioned by the two types of taxes. It follows from this analysis that if one accepts Rawls’s argument regarding endowment taxes, one must also accept Nozick's argument regarding wage taxes. If correct, this conclusion presents the liberal egalitarian with a dilemma: she must either (1) embrace endowment taxes as a moral ideal, rejecting the liberty concerns expressed by Rawls and others, or (2) join Nozick in renouncing the ordinary taxation of earnings, a move that would substantially weaken her commitment to egalitarian outcomes.The purpose of the Article is not to offer any particular resolution of this dilemma, but rather to expose some of the tensions inherent in the liberal egalitarian framework and to suggest that consideration of these tensions is necessary to the development of a more satisfactory liberal egalitarian position on questions of taxation and distributive justice. Toward that end, an alternative framework is suggested for assessing the liberty cost of taxation. It is contended that all taxes-whether on income, consumption, wealth, endowment or other tax bases-interfere with individuals’ pursuit of the good life. For any given level of revenue to be raised through taxation, the recognition and protection of a liberty interest in one type of activity will simply increase the liberty costs associated with unprotected activities. The liberal instinct to shield non-market activity from taxation does not reduce the liberty cost of taxation, but rather shifts it to those whose conceptions of the good life involve the use of markets. This is not to suggest that a concern for personal autonomy should not inform our choice of tax institutions, but rather that the question may ultimately be one of distribution. That is, in fashioning a tax system, how best can we allocate the benefit of being free from taxation's inevitable interference with personal autonomy? (shrink)

Desert plays an important role in most contemporary theories of retributive justice, but an unimportant role in most contemporary theories of distributive justice. Saul Smilansky has recently put forward a defense of this asymmetry. In this study, I argue that it fails. Then, drawing on an argument of Richard Arneson’s, I suggest an alternative consequentialist rationale for the asymmetry. But while this shows that desert cannot be expected to play the same role in distributive justice that it can play in (...) retributive justice, it does not fully vindicate the asymmetry, since desert can still play an important role in the former. (shrink)

Smoking is disproportionately common among the disadvantaged, both within many countries and globally; the burden associated with smoking is, therefore, borne to a great extent by the disadvantaged. In this paper, I argue that this should be regarded as a problem of social justice. Even though smokers do, in a sense, ‘choose’ to smoke, the extent to which these choices can legitimise the resulting inequalities is limited by the unequal circumstances in which they are made. An analysis of the empirical (...) literature reveals a variety of factors—such as targeted advertising, unequal dissemination of information about the health risks of smoking and inequalities in smoking norms—that make the disadvantaged more likely to become smokers and less likely to quit successfully. The paper then considers a range of common tobacco control policies from the perspective of social justice. The social justice perspective developed here poses a challenge for policy-makers: on the one hand, social justice concerns strengthen the case for tobacco control policies because such policies disproportionately benefit the health of the disadvantaged. At the same time, however, we must be particularly sensitive to any harms associated with such policies because such burdens, too, will fall largely on the disadvantaged. (shrink)

appropriate redistributive principles is a proper part of what justice entails, these principles must also paradoxically include the possibility of an agent-based response to misfortune that transforms adverse contingencies, such that the initial ‘bad luck’ becomes a positive part of the ‘sufferer's’ identity. This neo-Kantian accommodation within theories of justice signifies a ‘deep’ egalitarian empathic connectedness between persons, based on an equal respect for persons as agents (and not simply as passive victims of misfortune). Moreover, it is an accommodation that (...) (a) can promote equality as ‘an end in itself’ rather than as merely a means to the end of enhancing a teleological conception of ‘well-being’ and ‘human flourishing’ and (b) can underpin a more robust Rawlsian conception of ‘justice as reciprocity’ than is usually allowed. (shrink)

Contemporary egalitarian theories of justice constrain the demands of equality by responsibility, and do not view as unjust inequalities that are traceable to individuals' choices. This paper argues that, in order to make non-arbitrary determinate judgements of responsibility, any theory of justice needs a principle of stakes , that is, an account of what consequences choices should have. The paper also argues that the principles of stakes seemingly presupposed by egalitarians are implausible, and that adopting alternative principles of stakes amounts (...) to fleshing out the demands of responsibility rather than imposing limits on them. (shrink)

Desert plays a central role in most contemporary theories of retributive justice, but little or no role in most contemporary theories of distributive justice. This asymmetric treatment of desert is prima facie strange. I consider several popular arguments against the use of desert in distributive justice, and argue that none of them can be used to justify the asymmetry.

What do we owe to the lazy? On the assumption that the lazy are a paradigmatic case of people who are worse off, when they are through a fault, or choice, of their own, one might suspect that the answer is: not very much. This article shows that this suspicion is simple-minded. Four notions of laziness are distinguished. It is then shown that these notions differ – even from a luck egalitarian perspective – in ways bearing on the question of (...) what is owed to the lazy. It is claimed that in some – but not all – cases, being lazy grounds a claim to compensation rather than forming a ground for withholding it. (shrink)

Equality is typically presumed to be an end of justice; however, in this chapter, we argue that it is better understood as a condition of justice. Our argument draws on the Just World Fallacy, the phenomenon of people mistakenly believing fortuitous patterns of reward or harm to be reflective of justice. This phenomenon can undermine relationships of equality even where differences in reward or harm are ostensibly deserved. If everyone received equal pay, then the propensity for people to defer to (...) the more successful or derogate the less successful would be diminished, and thus there would be greater scope for people to enter into the sorts of relationships of equal respect and regard that just communities require. (shrink)

When is it fair that some people are less healthy than others due to their own individual choices and preferences? In this paper, I explore two alternative answers. The first is a luck-egalitarian account that holds people responsible for choices that society could have reasonably expected them to avoid. I argue that this account is indeterminate and go on to sketch an alternative proposal based on Rawls’s idea of a “social division of responsibility.” This latter approach connects the notion of (...) responsibility for health to the social conditions under which health-related behaviour is developed. (shrink)

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.

Contemporary Marxism may seem to have been eclipsed by the dominance of Left-liberalism in egalitarian thought. Since Rawls, the liberal tradition has made a robust contribution to the argument for distributive justice, whilst Marxist orthodoxy regarding the “withering away” of the state has seemed unhelpful in comparison. However, most Left liberals are wedded to several claims that constrain the ambition and depth of the egalitarian project, claims which can be shown to be wanting in light of the socialist commitment to (...) distribution on the basis of need, as well as the Marxist critique of alienation. This paper explores the potential of Marxism to address some of the limitations of contemporary liberal egalitarianism. (shrink)

ABSTRACT Individual responsibility is now very much on the political agenda. Even those who believe that its importance has been exaggerated by the political right — either because the appropriate conditions for assigning responsibility to individuals are rarely satisfied or because not enough is done to protect individuals from the more harmful consequences of their past choices and gambles — accept that individual responsibility is at least one of the values against which a society and its institutions ought to be (...) evaluated. One might be forgiven for assuming, then, that we know exactly why individual responsibility is important. The truth is otherwise. Surprisingly little philosophical work has been undertaken to analyse and separate out the different rationales that might be in play. Several possible reasons are examined here including: utility, the social bases of self‐respect, autonomy, human flourishing and fairness. However, once we adopt a pluralistic view of the value of individual responsibility we open up the possibility of value conflict, which conflict can make it harder to arrive at definitive prescriptions about which social policies best advance our concerns for individual responsibility. It is nevertheless possible to draw at least some conclusions about which policies we should favour. One important conclusion is that sometimes it is better not to hold individuals responsible for their past choices by denying them aid now, so that they might be better able to assume individual responsibility at a later date. (shrink)

A recurring concern about luck egalitarianism is that its implementation would make some individuals, in particular those who lack marketable talents, experience shame. This, the objection goes, undermines individuals’ self-respect, which, in turn, may also lead to unequal respect between individuals. Loss of (self-)respect is a concern for any egalitarian, including distributive egalitarians, inasmuch as it is non-compensable. This paper responds to this concern by clarifying the relationship between shame and (self-)respect. We argue, first, a luck egalitarian society and ethos (...) would be radically different from the current one and incompatible with shame over lack of talent, and, second, that while shame may still occur in a less than ideal luck egalitarian society, this kind of shame does not undermine egalitarian commitments. (shrink)

So-called activation policies aiming at bringing jobless people into work have been a central component of welfare reforms across OECD countries during the last decades. Such policies combine restrictive and enabling programs, but their characteristic feature is that enabling programs are also mandatory, and non-compliers are sanctioned. There are four main arguments that can be used to defend mandatory activation of benefit recipients. We label them efficiency, sustainability, paternalism, and justice. Each argument is analysed in turn. First we clarify which (...) standards it invokes, thereafter we evaluate each argument according to its own standards and introduce competing normative concerns that have to be taken into account. (shrink)

This paper defends traditional political philosophy against the challenges Gaus leverages against it in The Open Society and Its Complexities. Granting Gaus that consensus on the principles of political philosophy is not forthcoming and that complexity undermines many of our most ambitious reform efforts, the paper argues that much work remains for political philosophy as it has been practiced for centuries. This is for three reasons. First, Gaus's own defense of the open society requires resources from the very traditions that (...) he tends to dismiss. Secondly, the kinds of reform Gaus encourages us to focus on in light of complexity presuppose answers to philosophical questions, answers that philosophers have long attempted to provide. Thirdly, not all politically salient philosophical questions are aimed at action guidance. Despite the value in Gaus's analysis, I conclude that political philosophy's future will look, at least in part, like its storied past. (shrink)

A recent movement within political philosophy called luck egalitarianism has attempted to synthesize the right’s regard for responsibility with the left’s concern for equality. The original motivation for subscribing to luck egalitarianism stems from the belief that one’s success in life ought to reflect one’s own choices and not brute luck. Luck egalitarian theorists differ in the decision procedures that they propose, but they share in common the general approach that we ought to equalize individuals with respect to brute luck (...) so that differences in distribution are only a consequence of the responsible choices that individuals make. I intend to show that through the application of its own distributive procedures, the interpersonal luck egalitarian approach actually undermines its original motivation by making the lives of individuals subject to brute luck. I propose two alternative methods that the luck egalitarian could use to prevent the problems suffered by the interpersonal luck egalitarian standard. (shrink)

Can desert be the foundation of justice? Recent attempts to redefine distributive justice in the light of the notions of desert and merit depend largely upon how much independent moral force can be attributed to these notions. This is why a number of theorists, following in Joel Feinberg’s wake, assume desert to be a natural feature (of an action, or a person, or a performance), independently of the institutions that may reward it, and of the socio-political background against which it (...) stands out. This article criticizes such a view, trying to establish that desert cannot exist but ‘in the eyes’ of some person or group who already possesses some system of values. Thus, the concept lacks the moral force for defining the rightness of a society. In the last section, David Miller’s thesis that there is one specific, right pattern for rewarding desert will be examined. (shrink)

This paper examines the concepts of desert and luck, familiar in political theory but neglected by sociologists. I argue that the idea of desert is composed of both personal performance and the degree of responsibility a person has over that performance. Distribution ought to be in accordance with the indebtedness created by the person's performance. This can be compromised by luck; that is, personal desert is undermined where lack of performance scuttles the applicability of the contributory model. This paper examines (...) recent work, focusing on establishing desert criteria for each person's ends and life‐plans, and a formula for distribution according to personal welfare. (shrink)

In this paper we ask whether liberal egalitarians can endorse workfare policies that require that welfare recipients should work in return for their welfare benefits. In particular, we focus on the fairness-based case for workfare, which holds that people should be responsible for their own welfare since they would otherwise impose unfair costs on others. Two versions of the fairness-based case are considered: The first defends workfare on the grounds that it would form part of an unemployment insurance scheme that (...) individuals would endorse under certain hypothetical conditions that are salient for the purposes of determining just public policy. The second appeals to the notion of reciprocity in order to justify the requirement that people work for their benefits. We cast doubt on both of these arguments for workfare. Neither argument shows that the unconditional provision of welfare benefits is unjust; hence, the fairness case for workfare is inconclusive. (shrink)

This article carves out a new path between the two dominant wings of contemporary egalitarianism. The luck egalitarian emphasis on choice and personal responsibility is misplaced because individuals differ so deeply, and arbitrarily, in their choice-making capacities. Allowing inequalities to result from ‘choice’ is akin to allowing inequalities to stem from the possession of any other morally arbitrary factor – such as skin colour or gender. The move towards relational egalitarianism has been a case of two-steps forward, one-step back. While (...) the shift away from the focus on choice is salutary, the concurrent rejection of luck is problematic, given the prevalence and importance of luck-based discrepancies in opportunities to lead a good life. A new conceptual framework is presented: good life egalitarianism. The guiding idea is that given the unavoidable arbitrariness of human capacities, the foundation for a good life should be assured for people regardless of the actual choices that they make. The essential goods necessary for leading a good life – such as the opportunities to self-determine and to enjoy non-dominating social relationships – should be guaranteed to all. (shrink)

When individuals receive benefits as a result of the burdens assumed by other people, they are expected to make a return in similar form. To do otherwise is considered as a failure to treat those other people with appropriate respect. It is this which justifies the expectation that individuals share in the labour that is necessary to preserve just institutions and productive practices that characterise complex schemes of social cooperation. In this paper, I argue that where benefits do not meet (...) thresholds specifying the expected function and efficacy of those benefits, this does not simply issue in a ‘downward adjustment’ in the work expectations and reciprocal demands that are made of people. Rather, it legitimates refusal to engage in productive labour even where limited benefits are still being received. Other costs and obligations emerge that contribute to the creation of disruptive political, economic and social associations. These not only replace the demands of reciprocity but actively target and disrupt the practices and exchanges that give form to reciprocity. (shrink)

Among the myriad of technical approaches and abstract guidelines proposed to the topic of AI bias, there has been an urgent call to translate the principle of fairness into the operational AI reality with the involvement of social sciences specialists to analyse the context of specific types of bias, since there is not a generalizable solution. This article offers an interdisciplinary contribution to the topic of AI and societal bias, in particular against the poor, providing a conceptual framework of the (...) issue and a tailor-made model from which meaningful data are obtained using Natural Language Processing word vectors in pretrained Google Word2Vec, Twitter and Wikipedia GloVe word embeddings. The results of the study offer the first set of data that evidences the existence of bias against the poor and suggest that Google Word2vec shows a higher degree of bias when the terms are related to beliefs, whereas bias is higher in Twitter GloVe when the terms express behaviour. This article contributes to the body of work on bias, both from and AI and a social sciences perspective, by providing evidence of a transversal aggravating factor for historical types of discrimination. The evidence of bias against the poor also has important consequences in terms of human development, since it often leads to discrimination, which constitutes an obstacle for the effectiveness of poverty reduction policies. (shrink)

Luck egalitarians maintain that inequalities are always unjust when they are due to luck, but are not always unjust when they are due to choices for which the parties are responsible. In this paper, I argue that the two halves of this formula do not fit neatly together, and that we arrive at one version of luck egalitarianism if we begin with the notion of luck and interpret responsible choice in terms of its absence, but a very different version if (...) we begin with the notion of responsible choice and interpret luck in terms of its absence. I argue, further, that the difference between the two versions is significant because many real-world inequalities fall precisely in the gap between them, and that attempts to adjudicate between them lead quickly to hard questions about the relation between equality and responsibility. (shrink)

This article contributes to the critical engagement with luck egalitarianism by advancing two arguments. Firstly, it questions the cogency of the dichotomies – e.g., luck/choice, person/circumstance, agency/structure – and the accompanying moral ideal of pure voluntarism. This makes it difficult for luck egalitarianism to dissect appropriately the inequalities embedded in social relations, such as social networks and involuntary associations, in which voluntariness and contingency as well as agency and structure are intertwined. Secondly, it suggests that the relational approach, which has (...) been developed, inter alia, in the empirical study of inequality, provides a morally and practically adequate perspective on egalitarian justice. The relational approach achieves this by converging upon those in‐between social relations that are irreducible to the macro‐level structure and to micro‐level agency. Moreover, a relationally sensitive perspective on inequality can adeptly respond to the difficulties that luck‐egalitarian theories encounter. (shrink)