El artículo examina algunos de los límites del derecho antidiscriminatorio en su actual configuración, a partir de las grandes tendencias que le dan soporte desde el punto de vista legislativo y jurisprudencial. El texto plantea una reflexión sobre los principios interpretativos tradicionales y los problemas de incorporación en el juicio de igualdad de estándares de orden explicativo y justificatorio que permitan captar los patrones o estructuras sociales de discriminación e identificar de forma más precisa a los sujetos. A tal efecto (...) propone la ampliación del espectro argumental de la discriminación indirecta y la igualdad material, a través de criterios interpretativos adicionales derivados de categorías como la discriminación estructural y la interseccionalidad de las discriminaciones. (shrink)

While being generally appreciative of Sen's theory of capabilities, the point of this paper is to raise some conceptual challenges that arise in addressing entrenched conditions of power and domination from the capability paradigm. The enhancement of people's capability prospects with regard to education, employment, decent living standards and political participation can empower them to challenge various dominating conditions in society. It can also bestow a sense of self-confidence in people to stand up against discriminating practices. Yet, the objectives of (...) the capability theory remain less secure as long as citizens’ capability prospects are dependent on and subjected to arbitrary power and domination. I argue that Sen's theory of capabilities can be strengthened and developed as an effective antidote to the liberal hegemony in political theory by drawing on resources from Pettit's republicanism particularly by accommodating the robustness condition of freedom and by envisioning individual freedom as intimately tied to the common good of the polity. (shrink)

In an era of dramatic technological progress, the consequent economic transformations, and an increasing need for an adaptable workforce, the importance of education has risen to the forefront of the social discourse. The concurrent increase in the awareness of issues pertaining to social justice and the debate over what this justice entails and how it ought to be effected, feed into the education policy more than ever before. From the nexus of the aforementioned considerations, a concern over the so-called education (...) gap has emerged, with worldwide efforts to close it. I analyse the premises behind such efforts and demonstrate that they are founded upon fundamentally flawed ideas. I show that in a society in which education is delivered equitably, education gaps emerge naturally as a consequence of differentiation due to talents, the tendency for matched mate selection, and the heritability of intellectual traits. Hence, I issue a call for a refocusing of efforts from the ill-founded idea of closing the education gap, to the understanding of the magnitude of its unfair contributions, as well as to those social aspects which can modulate it in accordance to what a society deems fair according to its values. (shrink)

Social egalitarians hold that one fundamental requirement of the ideal of social equality is that people should stand in relations of non-domination to one another. In the light of this, they reject luck egalitarian principles of justice as incompatible with a society of equals, because the former violate the non-domination requirement. I call this the domination objection. In this paper I examine its force against Dworkinian resource egalitarianism. There are two reasons why equality of resources might be thought to be (...) vulnerable to it. First, Dworkin has been interpreted to maintain that as long as people’s preferences are authentic, people should be consequentially responsible for the choices that flow from such preferences. However, Dworkin’s view on when people’s choices should be considered to be authentic does not rule out that the latter are sometimes influenced by norms and processes that are the outcome of domination and oppression, and so holding people fully consequentially responsible for choices that are the outcome of such preferences is itself unjust. Second, equality of resources objectionably permits bad-option-luck victims to become vulnerable to domination. I argue that Dworkinian egalitarianism is not susceptible to either of the two parts of the domination objection and defend the view that it is—contrary to the social egalitarian criticism—faithful to the social egalitarian demand for non-domination. (shrink)

Two of the most important theories in contemporary liberal egalitarianism are Ronald Dworkin’s equality of resources and Amartya Sen’s capability approach. Recently Dworkin has claimed that Sen’s capability approach does not provide a genuine alternative to equality of resources. In this article, we provide both an internal and an external critique of Dworkin’s claim. In the first part of the article we develop an internal critique by providing a detailed analysis of Dworkin’s claim. Andrew Williams has contested Dworkin’s claim, but (...) he has failed to convince Dworkin of his objections. We analyze this debate, and offer an argument that, we hope, settles this dispute. In the second part of the article we argue that an analysis beyond the current parameters of the liberal-egalitarian debate points to three significant differences between Dworkin’s and Sen’s egalitarian theories: the degree to which they rely on an ideal-theoretical approach; their ability to judge social structures that are intertwined with people’s social endowments; and their endorsement of a well-defined criterion to demarcate morally relevant from morally irrelevant inequalities. This broader analysis not only reinforces our conclusion that Dworkin’s equality of resources and Sen’s capability approach are genuinely distinct, but it also suggests some more general insights that may be relevant for a better understanding of contemporary egalitarian thinking. (shrink)

Many organizations, companies, and so on are committed to certain representational aims as regards the composition of their workforce. One motivation for such aims is the assumption that numerical underrepresentation of groups manifests discrimination against them. In this article, I articulate representational aims in a way that best captures this rationale. My main claim is that the achievement of such representational aims is reducible to the elimination of the effects of wrongful discrimination on individuals and that this very important concern (...) is, in principle, compatible with the representation of various groups diverging widely from their share of the overall population. The discussion also shows that we should ensure that a preoccupation with groups' numbers in relation to the population as a whole does not lead us away from our real aim, for example because we are blinded to the effects of discrimination against numerically overrepresented groups, or overlook the innocently different ambitions of some numerically underrepresented groups. In relation to the latter point, I appeal to the fact that many luck egalitarians think justice should be ambition sensitive. Also, the time-relative account of representational aims expounded shows that, and how, representational aims should accommodate the changing composition of populations over time. (shrink)

In both their external and internal communications, organizations tend to present diversity management approaches and corporate social responsibility initiatives as a kind of morally ‘good’ organizational practice. With regard to the treatment of employees, both concepts largely assume equality to be an indicator of organizational ‘goodness’, e.g. in terms of equal treatment, or affording equal opportunities. Additionally, research on this issue predominantly refers to prescriptive and imperative moralities that address the initiatives themselves, and values them morally. Schopenhauer opposes these moralities (...) by conceptualizing morality as exclusively being based on the incentives of acting instead of the actions themselves. He identifies egoism, compassion, and malice as the sole incentives for every human action, whereby only those actions solely motivated by compassion can be ascribed genuine moral worth. In this context, this article shows that from a Schopenhauerian perspective, CSR and DM initiatives only have a genuine moral worth in so far as the individuals who have initiated or supported their implementation were exclusively motivated by compassion. Stressing the narrative of a business case, if utilized as a façade for true compassion that attaches economic legitimacy to these initiatives, does not necessarily harm their moral worth. The approach and the findings developed in this paper contribute to the discourse on the ethical behavior of organizations, as well as to the discourse on CSR and DM. (shrink)

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, Volume 52, Issue 4, Page 473-490, Winter 2021.

Rationing health care by ordeals is likely to have different effects on women and men, and on distinct groups of women. I show how such putative effects of ordeals are relevant to achieving gender justice. I explain why some ordeals may disproportionately set back women’s interest in discretionary time, health and access to health care, and may undermine equality of opportunity for positions of advantage. Some ordeals protect the interests of the worse-off women yet set back the interests of better-off (...) women in equal opportunities. I suggest how we can use ordeal design to advance particular aims of gender justice. (shrink)

I propose, defend and illustrate a principle of gender justice meant to capture the nature of a variety of injustices based on gender:A society is gender just only if the costs of a gender-neutral lifestyle are, all other things being equal, lower than, or at most equal to, the costs of gendered lifestyles.The principle is meant to account for the entire range of gender injustice: violence against women, economic and legal discrimination, domestic exploitation, the gendered division of labor and gendered (...) socialization. The sense of “costs” employed is similarly wide. Costs can be material, psychological and social.I defend the principle by appeal to the values at the core of liberal egalitarian justice: equality of access and the good of individual choice. I illustrate my case through a discussion of the injustice of a gendered division of labor. Some feminists doubt that liberal egalitarianism has the theoretical resources to recognize the unjust nature of the gendered division of labor. I argue that it does.If the principle advanced here is correct, then gender injustice is pervasive. At the same, it does not affect only women but also men. Liberal egalitarianism is capable of acknowledging this fact without denying that, overall, gender norms oppress women more than they oppress men: Arguably, women who wish to lead a gender-neutral lifestyle have to pay higher costs that men who wish to do the same. (shrink)

El objetivo de este artículo es defender el valor normativo de un principio de igualdad de oportunidades para influir políticamente en contra de un principio que las distribuya de manera desigual pero beneficiando a los peor situados. Para ello, se muestra que la influencia política es un bien de un tipo especial que permite rechazar la objeción de la nivelación hacia abajo y que la igualdad política, aunque pueda ser derrotada por consideraciones epistémicas, es absolutamente necesaria para criticar aspectos inequitativos (...) de una distribución desigual. The main objective of this article is to defend the normative value of a principle of equal opportunities to politically influence against a principle which distributes them unequally but improving the least advantaged position. In order to do that, the article argues that political influence is a special kind of good which is able to reject the leveling down objection and that political equality, although it could be defeated by epistemic considerations, preserves a prima facie value. (shrink)

While being generally appreciative of Sen's theory of capabilities, the point of this paper is to raise some conceptual challenges that arise in addressing entrenched conditions of power and domination from the capability paradigm. The enhancement of people's capability prospects with regard to education, employment, decent living standards and political participation can empower them to challenge various dominating conditions in society. It can also bestow a sense of self-confidence in people to stand up against discriminating practices. Yet, the objectives of (...) the capability theory remain less secure as long as citizens’ capability prospects are dependent on and subjected to arbitrary power and domination. I argue that Sen's theory of capabilities can be strengthened and developed as an effective antidote to the liberal hegemony in political theory by drawing on resources from Pettit's republicanism particularly by accommodating the robustness condition of freedom and by envisioning individual freedom as intimately tied to the common good of the polity. (shrink)

The gendered division of labor is the major cause of gender inequality with respect to the broad spectrum of resources, occupations, and roles. Although many feminists aspire to an equality of outcome where there are no significant patterns of gender difference across these dimensions, many have also argued that liberal theories of social justice do not have the conceptual tools to justify a direct attack on the gendered division of labor. Indeed, many critics argue that liberalism positively condones it, presuming (...) that it arises from the free choices of individuals, which must be respected. In this paper I will accept the feminist goal of equality of outcome across roles, occupations, income, and wealth, but will argue that liberal theories of justice are consistent with strong measures aimed at promoting such equality. I will show that liberalism has the conceptual resources to justify a concrete policy measure that goes considerably beyond the measures usually championed by feminists. The example I focus on is “daddy quotas,” which refers to the tagging of a significant part of parental leave for the exclusive use of fathers. (shrink)

abstract This article defends luck egalitarianism as an interpretation of the egalitarian ideal against two major criticisms levelled against it by Elizabeth Anderson — that it is trapped in the distributive paradigm, and that it treats the victims of bad option luck too harshly to be considered an egalitarian theory. Against the first criticism, I argue that luck egalitarianism will condemn non‐material inequalities and injustices if an appropriate conception of well‐being is adopted. I demonstrate this by showing how the approach (...) is sensitive to the five faces of oppression developed by Iris Young. Although the second criticism is more troubling, it does not defeat luck egalitarianism, either. I will show that few of the inequalities that arise in the real world result from option luck. Further, if cases do occur, rather than abandoning the theory, the best response is to combine luck egalitarianism with another egalitarian principle that will ensure that the basic needs of all citizens are satisfied. The paper concludes by defending the appeal of the distinction between option luck and brute luck, in light of the preceding discussion. (shrink)

This chapter discusses gender in relation to the most influential current accounts of distributive justice. There are various disparities in the benefits and burdens of social cooperation between women and men. Which of these, if any, one identifies as indicative of gender injustice will depend on the theory of distributive justice that one endorses. Theoretical decisions concerning the role of personal responsibility, the goods whose distribution is relevant for justice, and the site of justice - institutions-only or individual behaviour, too (...) - all influence how one thinks about gender justice. (shrink)