Luck egalitarians contend that, while each person starts out with a claim to an equal quantity of advantage, she can forfeit this claim by making certain choices. The appeal of luck egalitarianism is that it seems to satisfy what this paper calls the moral tyranny constraint. According to this constraint, any acceptable theory of justice must preclude the possibility of an agent unilaterally, discretionarily, and foreseeably leaving others with less advantage under conditions of full compliance with the theory. This paper (...) argues that claim forfeiture is built into luck egalitarianism specifically to preclude such moral tyranny. However, it contends that the dominant interpretation of luck egalitarianism fails to fully satisfy the moral tyranny constraint. It offers an alternative interpretation that both eliminates the possibility of moral tyranny and rescues the position from two other prominent objections that have been directed against luck egalitarianism. (shrink)

Many distributive egalitarians do not endorse strict equality of goods. Rather, they treat an equal division as having a special status such that departures from equality must be justified. They claim, then, that an equal division is “presumptively” just. Though the idea that equality is presumptively just and that departures from it may be just has intuitive appeal, making a case for this idea proves difficult. I argue, first, that extant “presumption arguments” are unsound. Second, I distill two general philosophical (...) morals: luck egalitarians have not adequately defended the presumption of equality and they face serious obstacles in doing so; Rawls has defended it, but only indirectly via the contract apparatus. This approach narrows the presumption’s appeal. Third, I consider and reject two alternative ways of understanding the presumption of equality that might avoid the problems revealed by my examination of extant views. The first appeals to the idea of value pluralism. The second treats the presumption as a view about the burden of proof. I conclude, ultimately, that it is misleading to think of distributive egalitarianism as typically having the form of a presumption argument. (shrink)

Can compensation repair the moral harm of a previous wrongful act? On the one hand, some define the very function of compensation as one of restoring the moral balance. On the other hand, the dominant view on compensation is that it is insufficient to fully repair moral harm unless accompanied by an act of punishment or apology. In this paper, I seek to investigate the maximal potential of compensation. Central to my argument is a distinction between apologetic compensation and non-apologetic (...) compensation. Apologetic compensation, I argue, is an act that expresses regret and apology by means of some offer of money, goods, or services. Non-apologetic compensation is an act that seeks to restore loss or harm without expressing regret or apology. In the paper, I defend the view that acts of compensation can be apologetic and argue that such apologetic compensation is sufficient for moral repair. (shrink)

Distributive justice assumes a morally critical judgment of nature, which typically contradicts providential conceptions. Hence, simple conceptions of divine Providence cannot support distributive justice. This essay analyzes and develops a complex strand of theorizing about Providence within Jewish philosophy that is compatible with distributive justice. According to this conception, the actions of divine Providence express different and mutually exclusive considerations of justice. Therefore, the moral value of outcomes is intransitive between the situations of different people. And while each providential action (...) is justified from an ethical perspective, the total outcome is distinct from God's ultimate desire. Human ethics responds to this disparity by redistribution. This conception of Providence also contributes to the additional issue of intergenerational justice through the concomitant idea of life missions. The classical rendering of missions creates problems, however, for distributive justice. I conclude by formulating a conception of life missions that is compatible with both distributive and intergenerational justice. (shrink)

Conceptul de dreptate socială este unul dintre cele mai controversate concepte ale filosofiei politice. Foarte puține aspecte legate de acest concept nu sunt înconjurate de controverse și dezbateri argumentative. Unele dintre cele mai importante astfel de controverse sunt cele legate de definirea, de specificarea și de legitimitatea lui. Prima este, în esență, o controversă în privința răspunsului la următoarea întrebare: care este conceptul care surprinde cel mai bine trăsătura fundamentală a dreptății și nedreptății sociale? A doua este o controversă în (...) privința exigențelor sau a principiilor „corecte” ale dreptății sociale. În sfărșit, a treia este o controversă pe marginea acceptabilității conceptului de dreptate socială. În studiul de față prezint pe scurt principalele idei, poziții și argumente invocate de filosofii politici recenți în cadrul fiecăreia dintre aceste controverse. (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)

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)

While there need be no conflict in theory between addressing global inequality (inequalities between people worldwide) and addressing domestic inequality (inequalities between people within a political community), there may be instances in which the feasible mechanism for reducing global inequality risks aggravating domestic inequality. The burgeoning literature on global justice has tended to overlook this type of scenario, and theorists espousing global egalitarianism have consequently not engaged with cases that are important for evaluating and clarifying the content of their theories. (...) This chapter explores potential tensions between promoting global and domestic inequality. We introduce a class of second-best scenarios that global justice theorists have neglected to demonstrate the importance of such scenarios as an aid to constructing and evaluating ideals of global justice. (shrink)

Imagine a two-person distributive case in which Ernest's choices yield X and Bertie's choices yield X + Y, producing an income gap between them of Y. Neither Ernest nor Bertie is responsible for this gap of Y, since neither of them has any control over what the other agent chooses. This is what Susan Hurley calls the “Boring Problem” for luck egalitarianism. Contrary to Hurley's relatively dismissive treatment of it, it is contended that the Boring Problem poses a deep problem (...) for standard luck egalitarianism. To counter it, luck egalitarianism needs to be recast as a baseline-relative theory. This new version of luck egalitarianism is then put to work against some significant problems that have been encountered by luck egalitarianism: Saul Smilansky's “Paradox of the Baseline,” the “Partiality Worry,” and the “Pluralism Worry.” But baseline-relative luck egalitarianism is not without problems of its own. (shrink)

Luck egalitarianism is often taken to task for its alleged harsh implications. For example, it may seem to imply a policy of nonassistance toward uninsured reckless drivers who suffer injuries. Luck egalitarians respond to such objections partly by pointing to a number of factors pertaining to the cases being debated, which suggests that their stance is less inattentive to the plight of the victims than it might seem at first. However, the strategy leaves some cases in which the attribution of (...) individual responsibility is appropriate . One such case is oral health or significant aspects of this. It is appropriate, the paper argues, to hold people responsible for a number of factors that affect their oral health. A luck egalitarian approach inspired by John Roemer can assess whether people have acted responsibly by comparing their choices to those of their peers. A luck egalitarian approach to oral health would recommend prioritizing scarce resources in a responsibility-weighted queuing system and include copayment and general taxation among its measures of financing. (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)

Luck egalitarianism provides one powerful way of defending global egalitarianism. The basic luck egalitarian idea that persons ought not to be disadvantaged compared to others on account of his or her bad luck seems to extend naturally to the global arena, where random factors such as persons’ place of birth and the natural distribution of the world’s resources do affect differentially their life chances. Yet luck egalitarianism as an ideal, as well as its global application, has come under severe criticisms (...) in recent debate. My aim in this article is to restore plausibility to the luck egalitarian idea, and to suggest how it could then provide a plausible grounding for global egalitarianism. To do this, I will propose a more modest but also more defensible conception of luck egalitarianism that can also strengthen the case for global distributive justice. (shrink)

Imagine a democratic society in which all members are full citizens and citizens relate to each other as equals. Social arrangements bring it about, to the maximum possible extent, that all adults are full functioning members of society. The society is not marred by caste hierarchies, invidious status distinctions, or unequal power relations. No one is able to dominate others. Moreover, the urge to dominate over others does not loom large in social life. Each person's relations with others manifest the (...) belief, shared by all, that each person is fundamentally the equal of all others and that this equality calls for treating others with civility and mutual respect and forbearance. Each is viewed as having the right to live as she chooses, within broad constraints of morality. This individual entitlement to freedom establishes a strong presumption against paternalism, restricting a person's liberty against her will for her own good. Regarding distributive justice, the norm is that each should be enabled to have enough by way of resources and opportunities to sustain herself as a full functioning member of democratic society. (shrink)

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)

Traditional outcome-orientated egalitarian principles require access to information about the size of individual holdings. Recent egalitarian political theory has sought to accommodate considerations of responsibility. Such a move may seem problematic, in that a new informational burden is thereby introduced, with no apparent decrease in the existing burden. This article uses a simple model with simulated data to examine the extent to which outcome egalitarianism and responsibility-sensitive egalitarianism (‘luck egalitarianism’) can be accurately applied where information is incomplete or erroneous. It (...) is found that, while outcome egalitarianism tends to be more accurately applied, its advantage is not overwhelming, and in many prima facie plausible circumstances luck egalitarianism would be more accurately applied. This suggests that luck egalitarianism cannot be rejected as utopian. Furthermore, while some argue that, in practice, luck egalitarianism is best realized indirectly, by securing equality of outcome, our evidence suggests that a luck egalitarian rule of regulation offers a far more accurate implementation of the luck egalitarian ideal than does an outcome egalitarian rule of regulation. (shrink)

Even where an act appears to be responsible, and satisfies all the conditions for responsibility laid down by society, the response to it may be unjust where that appearance is false, and where those conditions are insufficient. This paper argues that those who want to place considerations of responsibility at the centre of distributive and criminal justice ought to take this concern seriously. The common strategy of relying on what Susan Hurley describes as a 'black box of responsibility' has the (...) advantage of not taking responsibility considerations to be irrelevant merely because some specific account of responsibility is mistaken. It can, furthermore, cope perfectly well with an absence of responsibility, even of the global sort implied by hard determinism and other strongly sceptical accounts. Problems for the black box view come in where responsibility is present, but in a form that is curtailed in one significant regard or another. The trick, then, is to open the box of responsibility just enough that its contents can be the basis for judgements of justice. I identify three 'moderately sceptical' forms of compatibilism that cannot ground judgements of justice, and are therefore expunged by the strongest 'grey box' view. (shrink)

Lotteries have long been used to resolve competing claims, yet their recent implementation to allocate school places in Brighton and Hove, England led to considerable public outcry. This article argues that, given appropriate selection is impossible when parties have equal claims, a lottery is preferable to an auction because it excludes unjust influences. Three forms of contractualism are discussed and the fairness of lotteries is traced to the fact that they give each person an equal chance, as a surrogate for (...) their equal claim to the good. It is argued that this can be a reason to favour an artificially-constructed lottery to a 'natural' lottery where there is suspicion that the latter may be biased. (shrink)

This paper argues that there are good reasons to limit the scope of luck egalitarianism to co‐existing people. First, I outline reasons to be sceptical about how “luck” works intergenerationally and therefore the very grounding of luck egalitarianism between non‐overlapping generations. Second, I argue that what Kasper Lippert‐Rasmussen calls the “core luck egalitarian claim” allows significant intergenerational inequality which is a problem for those who object to such inequality. Third, luck egalitarianism cannot accommodate the intuition that it might be required (...) to leave future generations better off than we are, even if it would come at no cost to ourselves. Finally, I argue that following another, broader, version of luck egalitarianism would require us to level down future generations and possibly even ourselves, which is a problem for those persuaded by the levelling‐down objection. (shrink)

Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...) of the ability to do otherwise, provides a sufficiently robust account of free will, even when it is amended as Moore suggests. I argue that free will and responsibility can be defended more robustly by observing that, at the level of agency, there can be alternative possibilities and mental causation in a stronger sense than recognized by classical compatibilism, even if physical determinism is true. Moore’s arguments could thus be strengthened by embracing this compatibilist libertarian position. At the same time, I note that, although the idea of responsibility is robustly defensible, there are independent reasons for rejecting a retributivist approach to punishment. (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)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

Luck egalitarianism is an approach within current distributive justice theory which aims to focus redistributive efforts solely upon disadvantages that ensue from bad luck. This article considers how central assumptions and themes of both luck egalitarianism and its critics parallel those of providence theology and share some of their concerns. These relate to problems such as the basis of equality, the extent and nature of our knowledge, and of course, the paternalism that assessing people’s responsibility over their own disadvantages involves. (...) I highlight the similarity of luck egalitarianism to the role of providence and providence theory thinking, and particularly the tension between egalitarianism as a theological concept and the condescension inherent to imitatio Dei ethics. I approach these issues by analyzing standard criticisms of the luck egalitarian project, espoused by Susan Hurley and Elizabeth Anderson. I then proceed to assess the values of luck egalitarianism itself and consider different models of providence, and the meaning of this analysis for normative ethics. The subject matter of this article is part of a wider comparison of distributive justice and providence theory, within which luck egalitarianism affords a very fruitful and highly relevant case study. (shrink)

This article considers the implications of luck egalitarianism for a range of issues relating to international, South-North migration. More specifically, the implications of luck egalitarianism for the question of whether receiving societies are justified in extending to immigrants a less comprehensive set of rights than that enjoyed by other members of society are considered. First, are voluntary migrants responsible for their migration in such a way that receiving societies are justified in extending to them a less comprehensive set of rights (...) than if, say, they had been involuntary migrants, or citizens of the destination country? Since luck egalitarianism aims to redistribute only for inequalities for which individuals are not responsible, there is an issue of whether it will hold individuals responsible for their choice of migration in such a way that it may justify asymmetrical sets of rights between voluntary immigrants and other members of society. Second, it may be possible to allow access for a larger number of disadvantaged migrants if they are granted access to a less extensive package of rights when they reach the destination country than if they were granted access to a more extensive such package. If so, may not the less extensive package of rights turn out to have a greater positive impact on global equality? Both these arguments are critically discussed and it is concluded that neither justifies extending to immigrants a less comprehensive set of rights. (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)

This paper argues that we can benefit or harm people by creating them, but only in the sense that we can create things that are good or bad for them. What we cannot do is to confer comparative benefits and harms to people by creating them or failing to create them. You are not better off (or worse off) created than you would have been had you not been created, for nothing has value for you if you do not exist, (...) not even neutral value. (shrink)

My intention in this paper is to reframe the practice of veiling as an embodied practice of self-development and self- transformation. I argue that practices like these cannot be handled by the choice/chance distinction relied on by those who would restrict religious minority accommodations. Embodied self- transformation necessarily means a change in personal identity and this means the religious believer cannot know if they will need religious accommodation when they begin their journey of piety. Even some luck egalitarians would find (...) leaning exclusively on preference and choice to find who should be burdened with paying the full costs of certain choices in one’s life too morally harsh to be justifiable. I end by briefly illustrating an alternative way to think about religious accommodation that does not rely on the choice/chance distinction. (shrink)

This thesis argues that a particular version of equal opportunity for welfare is the best way of meeting the joint demands of three liberal egalitarian ideals: distributional equality, responsibility, and respect for individuals’ differing reasonable judgements of their own good. It also examines which social choice rules best represent these demands. Finally, it defends the view that achieving equal opportunity for welfare should not only be a goal of formal public institutions, but that just citizens should also sometimes be guided (...) by it in their everyday life. The version of equal opportunity for welfare it defends differs from some well-known contemporary versions in the following ways. First, it rejects a definition of welfare as the degree of satisfaction of a person’s preferences, because, it argues, this conception of welfare cannot adequately deal with preference change. Instead, it suggests that we should adopt a conception of welfare based on a list of goods and conditions that are recognised as valuable from the perspective of a variety of different conceptions of the good. Second, it argues that individuals’ prima facie claim to an equally valuable share of the world’s resources—a claim which is based on their equal moral worth—is limited to situations in which giving one person a more valuable share means that someone else ends up with a less valuable share. It also argues that in situations where we can improve at least one person’s situation without worsening anyone else’s, we generally do not fail to respect each person’s equal moral worth by doing so, even if this leads to inequalities. Third, it defends a distinct view of responsibility, which justifies social arrangements that give people certain options with reference to the value that individuals can achieve (but don’t necessarily achieve) through their choices from these options. (shrink)

What does it take for an individual to be personally responsible for behaviors that lead to increased risk of disease? We examine three approaches to responsibility that cover the most important aspects of the discussion of responsibility and spell out what it takes, according to each of them, to be responsible for behaviors leading to increased risk of disease. We show that only what we call the causal approach can adequately accommodate widely shared intuitions to the effect that certain causal (...) influences—such as genetic make-up or certain social circumstances—diminish, or undermine personal responsibility. However, accepting the causal approach most likely makes personal responsibility impossible. We therefore need either to reject these widely shared intuitions about what counts as responsibility-softening or undermining or to accept that personal responsibility for behaviors leading to increased risk of disease rests on premises so shaky that personal responsibility is probably impossible. (shrink)

One of the most important themes in recent thinking about racial justice in the United States has been a shift in emphasis away from the traditional issue of racial discrimination, toward an exploration of the various forms of privilege that dominant groups enjoy. Many of the privileges that whites have been encouraged to explore, however, do not stem directly from their racial identity, but rather from the fact that they belong the majority demographic group. Describing these benefits as a “privilege” (...) is often intended to suggest that there is something objectionable or unjust about them. On closer examination, that claim turns out to be extremely controversial. This paper examines some of the major arguments that have been made by egalitarian philosophers on this question, before concluding with a few take-away lessons for issues of pedagogy and racial justice. (shrink)

Free will sceptics deny the existence of free will, that is the command or control necessary for moral responsibility. Epicureans allege that this denial is somehow self-defeating. To interpret the Epicurean allegation charitably, we must first realise that it is propositional attitudes like beliefs and not propositions themselves which can be self-defeating. So, believing in free will scepticism might be self- defeating. The charge becomes more plausible because, as Epicurus insightfully recognised,there is a strong connection between conduct and belief—and so (...) between thecontent of free will scepticism (since it is about conduct) and the attitude of believing it. Second, we must realise that an attitude can be self- defeating relative to certain grounds. This means that it might be self-defeating to be a free will sceptic on certain grounds, such as the putative fact that we lack leeway or sourcehood. This charge is much more interesting because of the epistemic importance of leeway and sourcehood. Ultimately, the Epicurean charge of self-defeat fails. Yet, it delivers important lessons to the sceptic. The most important of them is that free will sceptics should either accept the existence of leeway or reject the principle that ‘“ought” implies “can”’. (shrink)

According to Luck egalitarians, fairness requires us to bring it about that nobody is worse off than others where this results from brute bad luck, but not where they choose or deserve to be so. In this paper, I consider one type of brute bad luck that appears paradigmatic of what a Luck Egalitarian ought to be most concerned about, namely that suffered by people who are born to badly off parents and are less well off as a result. However, (...) when we consider what is supposedly unfair about this kind of unequal brute luck, luck egalitarians face a dilemma. According to the standard account of luck egalitarianism, differential brute luck is unfair because of its effects on the distribution of goods. Yet, where some parents are worse off because they have chosen to be imprudent, it may be impossible to neutralize these effects without creating a distribution that seems at least as unfair. This, I argue, is problematic for luck egalitarianism. I, therefore, explore two alternative views that can avoid this problem. On the first of these, proposed by Shlomi Segall, the distributional effects of unequal brute luck are unfair only when they make a situation more unequal, but not when they make it more equal. On the second, it is the unequal brute luck itself, rather than its distributional effects, that is unfair. I conclude with some considerations in favour of this second view, while accepting that both are valid responses to the problem I describe. (shrink)

According to the Beneficiary Pays Principle, innocent beneficiaries of an injustice stand in a special moral relationship with the victims of the same injustice. Critics have argued that it is normatively irrelevant that a beneficiary and a victim are connected in virtue of the same unjust 'source'. The aim of this paper is to defend the Beneficiary Pays Principle against this criticism. Locating the principle against the backdrop of corrective justice, it argues that the principle is correct in saying that (...) innocent beneficiaries of an injustice may have an extra reason to assist the victims of that injustice. This is because it may be necessary to defeat the immoral plan of the perpetrator of the injustice and because it may satisfy weak restitution. The conclusion is that the principle is distinctive from related views, such as that property should be returned to its rightful owner or that tainted benefits should be given up for general use. (shrink)

Many problems of inequality in developing countries resist treatment by formal egalitarian policies. To deal with these problems, we must shift from a distributive to a relational conception of equality, founded on opposition to social hierarchy. Yet the production of many goods requires the coordination of wills by means of commands. In these cases, egalitarians must seek to tame rather than abolish hierarchy. I argue that bureaucracy offers important constraints on command hierarchies that help promote the equality of workers in (...) bureaucratic organizations. Bureaucracy thus constitutes a vital if limited egalitarian tool applicable to developing and developed countries alike. (shrink)

This essay offers a rearticulation and defence of the modal account of luck that the author developed in earlier work . In particular, the proposal is situated within a certain methodology, a component of which is paying due attention to the cognitive science literature on luck ascriptions. It is shown that with the modal account of luck properly articulated it can adequately deal with some of the problems that have recently been offered against it, and that the view has a (...) number of attractions over competing proposals, such as the lack of control account. (shrink)

In The Ends of Harm Victor Tadros develops an alternative to consequentialist, and non-consequentialist retributivist, accounts of the justifiability of punishment: the duty view. Crucial to this view is the claim that wrongdoers incur an enforceable duty to remedy their wrongs. They cannot undo them, but they can do something that is almost as good—namely, by submitting to appropriate punishment, which will deter potential wrongdoers in the future, reduce their victim’s risk of suffering similar wrongs again. Admittedly, this involves harming (...) wrongdoers as a means to an end, but according to Tadros the ‘means principle’ that we should not harm others as a means, properly construed, does not apply to cases where the victim has an enforceable duty to bear the kind of harm that he or she is being made to suffer. In this article, I shall express reservations about Tadros’ defense and interpretation of the means principle. In presenting his position, Tadros also sets out some interesting anti-retributivist considerations casting doubt on the idea that wrongdoers’ suffering is non-instrumentally good. I shall challenge these. Finally, I shall suggest that the duty view may have counterintuitive implications in relation to wrongs where the offender helps to lower the risk that victims will be subjected to similar wrongs in ways other than by being punished. (shrink)

The luck egalitarian view famously maintains that inequalities in individuals’ circumstances are unfair or unjust, whereas inequalities traceable to individuals’ own responsible choices are fair or just. On this basis, the distinction between so-called brute luck and option luck has been seen as central to luck egalitarianism. Luck egalitarianism is interpreted, by advocates and opponents alike, as a view that condemns inequalities in brute luck but permits inequalities in option luck. It is also thought to be expressed in terms of (...) the view that no individual ought to be worse off other than because of a fault or choice of his or her own. I argue that these two characterizations of luck egalitarianism are not equivalent and that, properly understood, luck egalitarianism is compatible with widespread, potentially radical, inequalities in brute luck. (shrink)

Social justice is concerned with fair distribution of the benefits and burdens of living together in society. Regarding nursing care, social justice is concerned with who should receive its benefits, how much they should receive, and who should take up the burden of providing and paying for it. A specific thesis is offered: ‘Health care, including nursing care, should be distributed on the basis of need, free at the point of use, the cost being born by the community involved.’ This (...) thesis is shown to be incompatible with consequentialist (utilitarian) and libertarian approaches to social justice, but reasons are given for rejecting these theories. It is shown that it may be compatible with Rawl's liberal theory of justice and definitely compatible with a version of the teleological (Aristotelian) theory. The thesis is then defended against criticisms concerned with desert and responsibility: that the provident ought not to pay for the improvident, and that those who are responsible for their health do not deserve free care. There are answered by an epistemological argument concerning what we need to know before we can decide what people deserve, and an argument about social cohesion. The conclusion is that the thesis can be offered as a moral principle for a fair society. (shrink)

Can outcome equality (say, in welfare) ever be unjust? Despite the extensive inquiry into the nature of luck egalitarianism in recent years, this question is curiously under-explored. Leading luck egalitarians pay little attention to the issue of unjust equalities, and when they do, they appear not to speak in one voice. To facilitate the inquiry into the potential injustice of equalities, the paper introduces two rival interpretations of egalitarianism: the responsibility view, which may condemn equalities as unjust (when they reflect (...) unequal levels of personal responsibility); and, the non-responsibility view, which does not. It then teases out the implications of these two views, in the hope of establishing that the latter is at least as plausible as the former. The paper thus establishes that the egalitarian ideal can be plausibly formulated in a way that condemns only (certain) inequalities but never equalities, and that this formulation is both coherent and attractive. (shrink)

In 'What Luck Is Not', Lackey presents counterexamples to the two most prominent accounts of luck: the absence of control account and the modal account. I offer an account of luck that conjoins absence of control to a modal condition. I then show that Lackey's counterexamples mislocate the luck: the agents in her cases are lucky, but the luck precedes the event upon which Lackey focuses, and that event is itself only fortunate, not lucky. Finally I offer an account of (...) fortune. Fortune is luck-involving, and therefore easily confused with luck, but it is not itself lucky. (shrink)

It is a commonly held position in the literature on distributive justice that choices individuals make from an equalized background may lead to inequalities of outcome. This raises the question of how to assign consequences to particular types of behaviour. Theories of justice based on the concept of moral responsibility offer considerable guidance as to how society should be structured, but they rarely address the question of what the consequences of making a particular choice should be. To fill this lacuna, (...) these theories must rely on a theory of consequences. I argue that the most plausible theories of consequences are substantive rather than procedural in nature. Such theories of consequences are inherently based on the concept of desert. By evaluating individuals' choices society may determine the appropriate consequences of choices for which they are responsible. (shrink)

Abstract: The natural lottery is a metaphor about the way luck affects the allocation of personal attributes, talents, skills, and defects. Susan Hurley has argued that it is incoherent to regard individual essential properties (IEPs) as a matter of lottery luck. The reason is that a lottery of identity-affecting properties generates the ‘non-identity problem’. For this reason among others she suggests substituting lottery luck with ‘thin luck’, i.e. luck as non-responsibility, which would allow us to coherently regard IEPs as a (...) matter of luck.I argue that we are not not-responsible for our IEPs. Therefore, the coherent range of ‘thin luck’ is not broader than that of lottery luck. Moreover, justice theorists need to be worried about the non-identity problem only to the extent that IEPs affect life prospects and it is far from evident that they do. After addressing some connected aspects of Hurley's analysis, I discuss the type of reasons that justify seeking to expand domain of justice and the ways of doing this, for instance by abandoning lottery luck. I close by suggesting, however, that if Parfit's view of ‘what matters about identity’ is correct, its application to the case of identity-affecting lotteries may prove the expansion of the domain of justice superfluous, as IEPs belong to it as it is. (shrink)

In this essay, I address the question of whether the indisputable progress being made by the neurosciences poses a genuine threat to the language game of responsible agency. I begin by situating free will as an ineliminable component of our practices of attributing responsibility and holding one another accountable, illustrating this via a discussion of legal discourse regarding the attribution of responsibility for criminal acts. I then turn to the practical limits on agents' scientific self-objectivation, limits that turn out to (...) be mirrored philosophically in the conceptual problems that plague reductionist strategies. Having shown that free will is rooted in unavoidable performative presuppositions belonging to agents' participant perspective, I then take up the difficult issue of how to reconcile an epistemic dualism of participant and observer perspectives with the assumption of ontological monism. I critically review a range of proposed physicalist solutions, including non-reductionist and (standard) compatibilist approaches. An underlying problem with scientistic, physicalist approaches is the methodological fiction of an exclusive ?view from nowhere? which relies on the problematic move of disengaging the objectivating perspective of the scientific observer from the investigators' participant perspective of those engaged in scientific practice. Since there is no way of getting around the requisite complementarity of both the observer's encounter with the objective world and the participant's involvement in shared lifeworld practices, the remaining option is to take an epistemological turn. But even the recognition that science is ultimately constituted from within the lifeworld still leaves us with the question as to how the human mind can understand itself as the product of natural evolution. I conclude with some tentative suggestions as to how this difficult question might be addressed. (shrink)

It is widely recognized that prioritizing health care resources by their relative cost-effectiveness can result in lower priority for the treatment of disabled persons than otherwise similar non-disabled persons. I distinguish six different ways in which this discrimination against the disabled can occur. I then spell out and evaluate the following moral objections to this discrimination, most of which capture an aspect of its unethical character: it implies that disabled persons' lives are of lesser value than those of non-disabled persons; (...) it constitutes “double jeopardy” or violates Frances Kamm's non-linkage principle; it conflicts with equality of opportunity; it conflicts with fairness, which requires ignoring (some/most) differential impacts of treatment; it wrongly gives lower priority to disabled persons for equally effective treatment; it conflicts with giving all persons an equal chance to reach their full potential; and, it is in conflict with giving priority to the worse off. (shrink)

This paper develops a full account of Rawls's notion of a well-ordered society and uses it to address two luck egalitarian objections to his principles of justice. The first is an internal criticism which claims that Rawls's account of justice is better captured by a responsibility-sensitive egalitarian account. The second is an external objection according to which, regardless of the alleged inconsistency between Rawls's principles and his account of justice, we should reject those principles in favour of a responsibility-sensitive criterion (...) because it better captures our moral intuitions about distributive justice. The argument presented answers both objections by defending the value of well-orderedness and showing the difficulties of responsibility-sensitive egalitarian conceptions in realizing this ideal. (shrink)

Public insurance is commonly assimilated with redistributive tools mobilized by the welfare state in the pursuit of an egalitarian ideal. This view contains some truth, since the result of insurance, at a given moment, is the redistribution of resources from the lucky to unlucky. However, Joseph Heath considers that the principle of efficiency provides a better normative explanation and justification of public insurance than the egalitarian account. According to this view, the fact that the state is involved in the provision (...) of specific insurance is explained and justified by the greater efficiency of the state, in comparison with markets, in addressing market failures such as moral hazard or adverse selection. Our argument is that while insurance, intrinsically and idealistically, may diverge from a redistributive scheme, it is nevertheless difficult to deny that insurance has nothing to do with equality. More precisely, we argue that insurance may be understood as an egalitarian tool if our understanding of equality is broadened to include relational equality. Our paper aims to briefly recap the debates surrounding public insurance as a redistributive tool, advancing the idea that public insurance may be a relational egalitarian tool. It then presents a number of relational arguments in favor of the involvement of the state in the provision of specific forms of insurance, arguments that have been overlooked given the domination of luck egalitarian approaches in these debates. (shrink)