There is a large and growing body of empirical work on people's intuitions about distributive justice. In this paper, we investigate how well luck egalitarianism and desertism--the two normative approaches that appear to cohere well with people's intuitions--are supported by more fine-grained findings in the empirical literature. The time is ripe for a study of this sort, as the positive literature on justice has blossomed over the last three decades. The results of our investigation are surprising. In three different contexts (...) (good option luck, good brute luck, and bad brute luck) in which the demands of luck egalitarianism and those of a mainstream desert-based view come apart, the latter carries the day. One ramification of these findings is that people's intuitions about justice are moralized; that is, they appeal to particular conceptions of the good. Luck egalitarians must decide whether to embrace these moralized intuitions by adopting desertism--or to resist them. (shrink)

It is typically thought that a student deserves—or at least can deserve—a grade in a class. The students who perform well on assessments, who display a high degree of competence, and who complete all of the required work, deserve a good grade. Students who perform poorly on assessments, who fail to understand the course material, and who fail to complete the required work, deserve a bad grade. In this paper, I raise a challenge to this conventional view about grades. In (...) particular, I challenge the idea that grades—understood appropriately—can be objects of desert for class performance. In other words, grades are simply not the kind of thing that can be deserved. The argument is roughly as follows. In general, when some property or quality of ours is measured, where that property or quality is something that makes us deserving of something, the measurement, itself, is not the thing that is or could be deserved. Grades, however, are a measure of student performance, where performance is meant to be the basis on which students deserve their grades. Since they are mere measures of performance, grades are not and could not be deserved on the basis of performance, and so are not possible objects of desert. Rather, they serve as evidence of the desert basis (academic performance, e.g.) that grounds a student’s being deserving of other objects (praise or recognition, e.g.). In short, grades, at best, measure how deserving one is, but grades themselves are not deserved. (shrink)

The orthodox view of the metaphysics of desert is that desert is a triadic relation that obtains between a subject, an object and a desert base. Not only is this view lacking in motivation, but conceiving of the desert base as part of the desert relation renders the concept of desert incoherent. Instead, desert should be thought of as a dyadic relation between a subject and an object, where desert bases are simply the grounds for dyadic desert facts.

Rawls famously argued against meritocratic conceptions of distributive justice on the grounds that the accumulation of merit is an unavoidably lucky process, both because of differences in early environment, and innate talents. Thomas Mulligan (2018a) has recently provided a novel defense of meritocracy against the “luck objection”, arguing that both sources of luck would be mostly eliminated in a meritocracy. While a system of fair equality of opportunity ensures that differences in social class or early environment do not lead to (...) differences in the accumulation of merit, Kripke’s essentiality of origin thesis means that our genetic endowments, and thus our innate talents, could not have been any other way. But if we could not fail to have our innate talents, Mulligan argues, then it is not a matter of luck that we have them, and so the merits we accumulate on their basis are not so luck-dependent. This paper argues that Mulligan’s appeal to the essentiality of origin thesis fails to rescue meritocratic conceptions of distributive justice from the luck objection for two reasons. First, even granting essentiality of origin and fair equality of opportunity, the contingencies of the market and the social environment mean that having some innate talents is far luckier than having others. And second, the appeal to essentiality of origin misses the underlying motivation for the luck objection, and ignores the intimate connection between desert and responsibility. (shrink)

Climate ethics has been concerned with polluter pays, beneficiary pays and ability to pay principles, all of which consider climate change as a single negative externality. This paper considers it as a constellation of externalities, positive and negative, with different associated demands of justice. This is important because explicitly considering positive externalities has not to our knowledge been done in the climate ethics literature. Specifically, it is argued that those who enjoy passive gains from climate change owe gains not to (...) the net losers, but to the emitters, just as the emitters owe compensation to the net losers for the negative externality. This is defended by appeal to theoretical virtues and to the social benefits of generating positive externalities, even when those positive externalities are coupled with far greater negative externalities. We call this the Polluter Pays, Then Receives ('PPTR', or 'Peter') Principle. This principle is then applied at two levels in the context of Canada. [Open access]. (shrink)

This article presents a fairness principle for evaluating decision-making based on predictions: a decision rule is unfair when the individuals directly impacted by the decisions who are equal with respect to the features that justify inequalities in outcomes do not have the same statistical prospects of being benefited or harmed by them, irrespective of their socially salient morally arbitrary traits. The principle can be used to evaluate prediction-based decision-making from the point of view of a wide range of antecedently specified (...) substantive views about justice in outcome distributions. (shrink)

Luck egalitarianism, a theory of distributive justice, holds that inequalities which arise due to individuals’ imprudent choices must not, as a matter of justice, be neutralized. This article deals with the possible application of luck egalitarianism to the area of health care. It seeks to investigate whether the ethos of luck egalitarianism can be operationalized to the point of informing health care policy without straying from its own ideals. In the transition from theory to practise, luck egalitarianism encounters several difficulties. (...) We argue that the charge of moral arbitrariness can, at least in part, be countered by our provided definition of “imprudent actions” in the health area. We discuss the choice for luck egalitarianism in health care between ex ante and ex post policy approaches, and show how both approaches are flawed by luck egalitarianism’s own standards. We also examine the problem of threshold setting when luck egalitarianism is set to practise in health care. We argue that wherever policy thresholds are set, luck egalitarianism in health care risks pampering the imprudent, abandoning the prudent or, at worst, both. Furthermore, we claim that moves to mitigate these risks in turn diminish the normative importance of the ethos of luck egalitarianism to policy. All in all, our conclusion is that luck egalitarianism cannot be consistently applied as a convincing and relevant normative principle in health care policy. (shrink)

Should priority in the allocation of organs be given to those who have previously donated or declared their willingness to do so? This article examines the Israeli priority rule in light of two prominent critiques of priority rules, pertaining to failure to reciprocate and unfairness. The scope and content of these critiques are interpreted from the perspective of equality of opportunity. Because the Israeli priority rule may be reasonably criticized for unfairness and failing to reward certain behaviors, the article develops (...) an adjusted priority rule, which removes and adjust the elements in the Israeli priority rule deemed problematic. However, such a priority rule is complex to the extent that it may fail to increase donation rates and furthermore introduce new concerns of fairness, as the better off may be better able to navigate the complex adjusted priority rule. (shrink)

People are increasingly subject to algorithmic decisions, and it is generally agreed that end-users should be provided an explanation or rationale for these decisions. There are different purposes that explanations can have, such as increasing user trust in the system or allowing users to contest the decision. One specific purpose that is gaining more traction is algorithmic recourse. We first pro- pose that recourse should be viewed as a recommendation problem, not an explanation problem. Then, we argue that the capability (...) approach provides plausible and fruitful ethical standards for re- course. We illustrate by considering the case of diversity constraints on algorithmic recourse. Finally, we discuss the significance and implications of adopting the capability approach for algorithmic recourse research. (shrink)