Christopher Wellman and some allied scholars argue that a ‘samaritan theory’ can justify state coercion. They also suppose that states may provide robust, social egalitarian welfare provisions for a variety of reasons that would arise within samaritan states. However, the most promising reasons—samaritanism itself, natural socialism, relational equality, and anti-crime paternalism—cannot support robust provision without discarding the strong presumption favoring individual liberty which must motivate the samaritan theory. Consequently, a samaritan state cannot be a robust social welfare state.

This paper presents a non-consequentialist defense of Rawls’s general conception of justice requiring that primary social goods be distributed so that the least share is as great as possible. It suggests that a defense of this idea can be offered within a Rossian framework of prima facie duties. The prima facie duty not to harm constrains people from supporting social institutions which do not leave their fellows with goods and resources above a certain threshold. The paper argues that societies in (...) accord with the Rawlsian general conception come closest to meeting this requirement. This way of arguing for the conception enables the defenders of the theory to elude standard objections offered by utilitarians, libertarians, and even other egalitarians. (shrink)

As each individual abandons himself to the solicitous aid of the State,so, and still more, he abandons to it the fate of his fellow-citizens.Wilhelm Von Humboldt,On the Limits of State Action.

Despite what one may be led to believe by breathless reports in the media, the acme of misery in America is not the woes, financial and otherwise, of Donald Trump and Michael Jackson. People lose their jobs, have their assets drained by reversals of fortune, suffer from illiteracy, malnutrition, lack of shelter, and other mishaps. The circumstances in which they find themselves are genuinely distressing. It would be an odd understanding indeed that failed to find these circumstances directly relevant to (...) what morality asks of us. If morality is to count for anything, then surely it must take notice of exigent need. This is not merely the deliverance of a late twentieth-century Western moral consciousness massaged by the blessings of comparative affluence and graced with a newfound awareness of social justice. All traditional ethical codes of which I am aware, sacred and secular, demand that one take the distress of one's neighbor as bearing on one's own activities. “Am I my brother's keeper?” is the question; the well-nigh universal answer is “Yes.” The disposition to be moved by and respond to distress is the virtue ofcharity. (shrink)

Despite what one may be led to believe by breathless reports in the media, the acme of misery in America is not the woes, financial and otherwise, of Donald Trump and Michael Jackson. People lose their jobs, have their assets drained by reversals of fortune, suffer from illiteracy, malnutrition, lack of shelter, and other mishaps. The circumstances in which they find themselves are genuinely distressing. It would be an odd understanding indeed that failed to find these circumstances directly relevant to (...) what morality asks of us. If morality is to count for anything, then surely it must take notice of exigent need. This is not merely the deliverance of a late twentieth-century Western moral consciousness massaged by the blessings of comparative affluence and graced with a newfound awareness of social justice. All traditional ethical codes of which I am aware, sacred and secular, demand that one take the distress of one's neighbor as bearing on one's own activities. “Am I my brother's keeper?” is the question; the well-nigh universal answer is “ Yes .” The disposition to be moved by and respond to distress is the virtue of charity. (shrink)

Justice can be pursued by the state, or through voluntary charity. This paper seeks to contribute to the debate about the appropriate division of labor between government and charitable agencies by developing a positive account of the charity sector's moral foundations. The account given here is grounded in a legal conception of charity, as a set of subsidies and privileges designed to cultivate a wide variety of activities aimed at enhancing civic virtue and autonomy. Among other things, this implies that (...) a charity sector oriented largely around the pursuit of justice will come at a moral cost to a liberal society, at least when the state is in a position to take the greater share of the responsibility. So, a positive account of charity provides at least a pro tanto reason for preferring a division of labor in which the state takes a greater share of the responsibility for pursuing justice. As well as developing and defending this conception in its own right, we apply it in offering some criticisms and enhancements of existing views about the division of labor. (shrink)

Rather than base social welfare policies on contractual bargaining, policies should focus on the duties the strong members of society have toward the weak: the poor should clearly receive more, and the rich pay more, than either group has bargained for.

This thesis has two aims. The first aim is to set out an argument for social insurance in the form of compulsory income insurance in the event of sickness or unemployment, and to explore two lines of arguments for social insurance policies that are commonly associated with an active welfare state that seeks to prevent or reduce reliance on social insurance. The second aim is to outline and defend an account of legitimacy that takes moral autonomy seriously by making legitimacy (...) partly dependent on our entrenched values and preferences. The first aim is relevant for articles I-VI. In article I it is argued that the extent to which behavioural responses to social insurance is seen as ethically problematic, it is primarily a problem that concerns the institution rather than the morality of the individual whose behaviour is influenced by social insurance. Thus, insofar as behavioural responses to social insurance are an ethical problem, it is a problem for political philosophy rather than individual ethics. In article II an argument for social insurance in the form of compulsory income insurance in the event of sickness or unemployment is presented, viz. the argument from autonomy. It is based on a concern for the protection of our identity according to what is called a “thick” conception of the person, which holds that our identities as separate persons are constituted by our central aims and commitments. It is also argued that contrary to what has been claimed by its opponents; social insurance needs not lead to the bad risks exploiting the good risks, or be head-on in conflict with individual freedom. Article III identifies normative issues that deserve attention in relation to in relation to a general introduction of prevention policies in social insurance and market insurance. It is argued that the importance of these issues suggests that arguments and distinctions drawn from moral and political philosophy should play a more prominent role both in the debate on the shift towards an active welfare state and the use of prevention policies in market insurance. Article IV is a response to comments from Professor David Buchanan initiated by article III. Article V explores what is called the argument from autonomy for reduced compensation rates in social insurance or making compensation from such insurance conditional on different kinds of requirements such as participation in rehabilitation or vocational training. It is argued that such policies are justified if they tend to ensure an adequate level of autonomy, where autonomy is understood in the sense of a “thick” conception of personal autonomy based on Norman Daniel’s extension of the principle of fair equality of opportunity. Article VI discusses the objection that arguments pertaining to the principle of fairness often are irrelevant since the principle of fairness is based on the acceptance of the relevant benefits. It is argued that this objection from non-acceptance fails because we can – and do – accept the benefits form such institutions on a practical level and this is enough to ground obligations pertaining fairness. The implications of this argument for policies associated with the active welfare state are explored, taking a reform of the Swedish sickness insurance as an example. The second aim is relevant for article VII. In article VII it is argued that an account of legitimacy should satisfy three conditions. The justification thesis and the legitimacy thesis are presented as accounts of justification and legitimacy respectively. It is argued that the proposed accounts satisfy these conditions. An account of political obligations is also given. (shrink)