This article explores the Rawlsian goal of ensuring that distributions are not influenced by the morally arbitrary. It does so by bringing discussions of distributive justice into contact with the debate over moral luck initiated by Williams and Nagel. Rawls’ own justice as fairness appears to be incompatible with the arbitrariness commitment, as it creates some equalities arbitrarily. A major rival, Dworkin’s version of brute luck egalitarianism, aims to be continuous with ordinary ethics, and so is (a) sensitive to non-philosophical (...) beliefs about free will and responsibility, and (b) allows inequalities to arise on the basis of option luck. But Dworkin does not present convincing reasons in support of continuity, and there are compelling moral reasons for justice to be sensitive to the best philosophical account of free will and responsibility, as is proposed by the revised brute luck egalitarianism of Arneson and Cohen. While Dworkinian brute luck egalitarianism admits three sorts of morally arbitrary disadvantaging which correspond to three forms of moral luck (constitutive, circumstantial, and option luck), revised brute luck egalitarianism does not disadvantage on the basis of constitutive or circumstantial luck. But it is not as sensitive to responsibility as it needs to be to fully extinguish the influence of the morally arbitrary, for persons under it may exercise their responsibility equivalently yet end up with different outcomes on account of option luck. It is concluded that egalitarians should deny the existence of distributive luck, which is luck in the levels of advantage that individuals are due. (shrink)

The late G.A. Cohen is routinely considered a founding father of luck egalitarianism, a prominent responsibility-sensitive theory of distributive justice. David Miller argues that Cohen’s considered beliefs on distributive justice are not best understood as luck egalitarian. While the relationship between distributive justice and personal responsibility plays an important part in Cohen’s work, Miller maintains that it should be considered an isolated theme confined to Cohen’s exchange with Dworkin. We should not understand the view Cohen defends in this exchange as (...) Cohen’s considered view. Accepting this thesis would change both our understanding of Cohen’s political philosophy and many recent luck egalitarian contributions. Miller’s argument offers an opportunity to reassess Cohen’s writings as a whole. Ultimately, however, the textual evidence against Miller’s argument is overwhelming. Cohen clearly considers the exchange with Dworkin to be about egalitarianism as such rather than about the best responsibility-sensitive version of egalitarianism. Furthermore, Cohen often offers luck egalitarian formulations of his own view outside of the exchange with Dworkin and uses luck egalitarianism as an independent yardstick for evaluating principles and distributions. (shrink)

G.A. Cohen is famous for his critique of John Rawls’s view that principles of justice are restricted in scope to institutional structures. In recent work, however, Cohen has suggested that Rawlsians get more than just the scope of justice wrong: they get the concept wrong too. He claims that justice is a fundamental value, i.e. a moral input in our deliberations about the content of action-guiding regulatory principles, rather than the output. I argue here that Cohen’s arguments for extending the (...) scope of justice equivocate across his distinction between fundamental principles of justice, i.e. principles that tell us what justice is; and regulatory principles of justice, i.e. principles that tell us what is required of us, all things – including justice – considered. Though Cohen initially had the regulatory sense of the word ‘justice’ in mind when critiquing the basic structure restriction, his replies to the problem of demandingness presuppose his own, fundamental sense of the word ‘justice’. The upshot is that he escapes demandingness at the cost of sacrificing regulatory justice’s capacity to provide clear guidance. I conclude by considering Peter Singer’s efforts to deal with demandingness in his own work on global poverty. Since Singer manages to deal with demandingness without giving up clarity, his work is a good a place to start in the search for regulatory principles that are suitable for the context of personal choice. (shrink)

This essay reviews two books by Rainer Forst: "The Right to Justification: Elements of a Constructivist Theory of Justice"; and "Justice, Democracy and the Right to Justification: Rainer Forst in Dialogue".

A standard formulation of luck-egalitarianism says that ‘it is [in itself] bad – unjust and unfair – for some to be worse off than others [through no fault or choice of their own]’, where ‘fault or choice’ means substantive responsibility-generating fault or choice. This formulation is ambiguous: one ambiguity concerns the possible existence of a gap between what is true of each worse-off individual and what is true of the group of worse-off individuals, fault or choice-wise, the other concerns the (...) notion of fault. I show that certain ways of resolving these ambiguities lead to counterintuitive results; and that the most plausible way of resolving them leads to a theory of distributive justice in which responsibility plays a role significantly different from that in standard luck-egalitarian thinking. My main conclusion here is that luck-egalitarianism is best formulated as the view that it is [in itself] bad – unjust and unfair – for an individual to be worse off than others if, and only if, her being worse off does not fit the degree to which she is at fault in a not purely prudential sense. (shrink)

A partir de las críticas que el igualitarismo fraternal lanzó contra el igualitarismo de la suerte, G. A. Cohen propuso un compromiso a través del denominado modelo de campamento. Puesto que dicho trade-off no quedó formalizado, en este artículo se intenta aportar algunos elementos en tal dirección. En concreto, se argumenta: a) que Cohen tiende un primer puente hacia el igualitarismo fraternal al distinguir los aspectos de equidad y legitimidad en una concepción de lo justo, conjuntamente con la afirmación de (...) que la suerte en las opciones nunca preserva la justicia; b) que los principios igualitario y comunitario, que Cohen postula como deseables para el socialismo, operan sobre la base de la distinción equidad-legitimidad, de modo que las desigualdades generadas por elecciones genuinas y mala suerte en las opciones son justas en tanto resultan legítimas pero no son justas en términos de equidad y, en consecuencia, las desigualdades que rasgan el tejido social son causalmente fundamentales mientras que el principio comunitario es normativamente fundamental; y c) que los elementos comunitarios que impulsan el compromiso de Cohen ya están presentes en sus nociones de igualdad voluntaria, ethos igualitario, lectura estricta del Principio de Diferencia rawlsiano y comunidad justificatoria. (shrink)

Recent literature on responsibility-sensitive egalitarianism has suggested that an opposition to unchosen inequality on the grounds of unfairness is compatible with a range of accounts as to which inequalities are fair. I argue that forms of responsibility-sensitive egalitarianism face a challenge in the construction of such accounts; namely to explain the fairness of such inequalities specifically, as opposed to their being merely justified in a broader sense. I illustrate the nature of this challenge through an interesting parallel with an issue (...) in value theory in the form of the so-called ‘wrong kind of reason’ problem. (shrink)