Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...) arguments for a legal exception, based on sexual rights, beneficence, and luck egalitarianism, respectively. It concludes that although the general case for and against criminalisation is complicated there is a good case for a legal exception. (shrink)

This paper argues that luck egalitarianism, especially in the guise of equality of opportunity for welfare, is in tension with the ideal of fair equality of opportunity in three ways. First, equal opportunity for welfare is compatible with a caste system in employment that is inconsistent with open competition for positions. Second, luck egalitarianism does not support hiring on the basis of qualifications. Third, amending luck egalitarianism to repair this problem requires abandoning fair access to qualifications. Insofar as luck egalitarianism (...) cannot support fair equality of opportunity, it cannot do justice to the claims of the disabled. Indeed, in the absence of fair equality of opportunity, disabled people are likely to be marginalized. (shrink)

John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn (...) Friedman. Nevertheless, I argue that Stark’s proposal is crucially incomplete. Her formulation of the social minimum lacks accompanying criteria with which the adequacy of the provisions for non-cooperators may be assessed. Despite initial appearances, Stark’s proposal does not fully address the needs of non-cooperators. I conclude by considering two payoffs of identifying this lack of criteria. (shrink)

The modern social world is unjust. It is also complex. What does this latter fact imply about the kind of approach that should be used in ameliorating the injustice expressed in the former fact? One answer, recently put forth by Jacob Barrett, is that _ideal theory_, which he understands as being fundamentally defined by the identification and subsequent pursuit of an aspirational macro-level institutional goal, lacks a place in social reform. The reason he thinks ideal theory lacks a place has (...) to do with its inability to deal with complexity. _Pace_ Barrett, I argue that ideal theory, suitably understood, can play a valuable role in social reform in a complex world. While some ideal theorists have underappreciated the extent to which complexity considerations complicate social reform, this does not mean that there is no place for it. This paper surveys the resources ideal theory has available to cope with what I call _the challenge of complexity_. Although the coping techniques will be successful to varying degrees, I believe, in aggregate, a compelling case can be made that ideal theory can combat the challenge of complexity. Still, one may worry that even if ideal theory can adequately deal with complexity, it cannot adequately deal with ever-changing social circumstances. Call this _the dancing landscape objection_. A static ideal theory cannot overcome it, but a _dynamic ideal theory_ could. In sum, dynamic ideal theory can contribute to social reform in a complex and mutable social world. (shrink)