The 2015 Disneyland outbreak of measles in the US unequivocally brought to light what had been brewing below the surface for a while: a slow but steady decline in vaccination rates resulting in a rising number of outbreaks. This can be traced back to an increasing public questioning of vaccines by an emerging anti-vaccination movement. This article argues that, in the face of diminishing vaccination rates, childhood vaccinations should not be seen as part of the domain of parental choice but, (...) instead, as a non-negotiable legal obligation. The first part of the article formulates and defends two arguments in favour of unqualified mandatory childhood vaccination laws. First, government should not permit parents to put their children at avoidable risk of death and suffering; second, government should guard the common good of herd immunity to protect vulnerable persons. The second part rejects legal and pragmatic objections against such mandatory vaccination laws. (shrink)

The Rawlsian texts appear not to be consistent with regard to the status of the right of freedom of association. Interestingly, Rawls's early work omits mention of freedom of association as among the basic liberties, but in his later work he explicitly includes freedom of association as among the basic liberties. However, freedom of association would appear to have an economic component as well (e.g., the right to form a firm). If one turns to such “private ordering” (e.g., contract, partnership, (...) and corporate law), we find a similar ambiguity in the Rawlsian texts, as well as sharp divisions in the contemporary literature on Rawlsianism. This ambiguity has engendered widespread confusion over the scope of the two principles of justice—leading to the contemporary dispute over the breadth of what Rawls calls the “basic structure” and the question of whether the principles of justice are properly understood to govern private ordering. There is significant disagreement over the breadth of Rawls's basic structure—one aspect is whether the principles of justice apply to the private law. In a controversial passage in Political Liberalism Rawls addresses this question. This passage has, however, led commentators to reach divergent conclusions. We argue that this disagreement is explained by an instructive confusion in the passage over the distinction between what we characterize as “pre-institutional” and “post-institutional” freedom (vis-á-vis contract and property). The passage, we argue, illicitly shifts from invoking the post-institutional sense of “freedom” to the pre-institutional sense, thereby causing significant though understandable disagreement. Rawls's lapse into the pre-institutional conception of “freedom” provides interpretive grounds for the narrow understanding of the basic structure. If Rawls, however, had invoked the sense of “freedom” to which he is entitled at this stage of his theory—the post-institutional conception—such disagreement need not have arisen. (shrink)

ABSTRACT:This paper re-examines the import of Rawls’s theory of justice for private sector institutions in the face of the decline of the welfare state. The argument is based on a Rawlsian conception of justice as the establishment of a basic structure of society that guarantees a fair distribution of primary goods. We propose that the decline of the welfare state witnessed in Western countries over the past forty years prompts a reassessment of the boundaries of the basic structure in order (...) to include additional corporate institutions. A discussion centered on the primary good of self-respect, but extensible to power and prerogatives as well as income and wealth, examines how the legislator should intervene in private sector institutions to counterbalance any unfairness that results from the decline of the welfare state. (shrink)

ABSTRACT: What kinds of markets, market regulations, and business organizations are compatible with contemporary egalitarian theories of justice? This article argues that any thoughtful answer to this question will have to draw on recent developments in political philosophy that are concerned not only with the equality of the distribution of core goods but also with the requirements for equality of status, voice, and so on, in the relations between individuals and within organizations. The dominance of theories of distributive justice in (...) egalitarian political philosophy since Rawls may have contributed, on the one hand, to the oft-recognized gulf between these theories and their theorists and, on the other, to discussions of corporate governance and business ethics. The main purpose of this article is to introduce business ethicists to some of the less-familiar features of recent relational theories of justice and equality, and to suggest that some of these notions may help bridge the gap between business ethics and political philosophy more generally. (shrink)

The evaluation of labour markets and of particular jobs ought to be sensitive to a plurality of benefits and burdens of work. We use the term 'the goods of work' to refer to those benefits of work that cannot be obtained in exchange for money and that can be enjoyed mostly or exclusively in the context of work. Drawing on empirical research and various philosophical traditions of thinking about work we identify four goods of work: 1) attaining various types of (...) excellence; 2) making a social contribution; 3) experiencing community; and 4) gaining social recognition. Our account of the goods of work can be read as unpacking the ways in which work can be meaningful. The distribution of the goods of work is a concern of justice for two conjoint reasons: First, they are part of the conception of the good of a large number of individuals. Second, in societies without an unconditional income and in which most people are not independently wealthy, paid work is non-optional and workers have few, if any, occasions to realize these goods outside their job. Taking into account the plurality of the goods of work and their importance for justice challenges the theoretical and political status quo, which focuses mostly on justice with regard to the distribution of income. We defend this account against the libertarian challenge that a free labour market gives individuals sufficient options to realise the goods of work important to them, and discuss the challenge from state neutrality. In the conclusion, we hint towards possible implications for today’s labour markets. (shrink)

In John Rawls’s theory, the role of the principles of justice is to regulate the basic structure of society—its major social, political and economic institutions—and to specify the fair terms of cooperation for free and equal persons. Some have interpreted Rawls as excluding contract law, and perhaps the private law as a whole, from the basic structure. However, this interpretation of Rawls is untenable, given the motivations for his emphasis on the basic structure and the highly inclusive characterisations he gives (...) of it. Yet if he includes private law within the basic structure, he seems committed to holding that its design and operations should be regulated by his two principles of justice, which govern the distribution of basic liberties, economic resources and opportunities. This would leave it unclear whether there was any room for values other than distributive values to inform the design of private law. Leaving no role for other values might be unproblematic if distributive justice were a master normative category with equal regulative authority over all basic social institutions. But we should not assume that this ‘distributivist paradigm’ gives the best interpretation either of private law or of the fair terms of cooperation for a society of free and equal people. We need to think further about how non-distributive values may inform the principles of justice that regulate the institutional structure of society. And we need to ask how much of law, whether public or private, is regulated solely by principles of justice that focus on the distribution of basic liberties, economic resources and opportunities. (shrink)

Individual decisions about how to exercise the legal right to procreative liberty may generate either positive or negative externalities. From within a resource egalitarian perspective, such as that of Ronald Dworkin, it can be argued that procreative justice is asymmetric in the following respect. Justice need not require that parents be subsidised if they produce a public good, yet its ideal achievement may require their activities be taxed if they threaten to produce a public bad.

To what extent does the case for exemptions from laws to accommodate religious commitments rest specifically on egalitarian arguments? To what extent should specifically egalitarian or anti-discrimination concerns be used to determine when such exemptions should be granted? This Article considers both of these questions. It argues that while egalitarian considerations have a role to play in both the general justification and case-by-case evaluation of exemption claims, neither the justification, nor the evaluation of exemptions, properly rests solely on specifically egalitarian (...) considerations. At the level of justification, there is an important, independent role for something akin to the principle of respect for conscience recently put forward by Martha Nussbaum; and, when citizens come to evaluate particular claims for exemptions, the anti-discrimination approach put forward by Christopher Eisgruber and Lawrence Sager in the context of the U.S. and its constitutional tradition is more plausibly seen as a complement to the “balancing test” which has been used historically rather than as an alternative to it. (shrink)

This paper addresses ways of arguing fors ome form of economic democracy from within a broadly Rawlsian framework. Firstly, one can argue that a right to participate in economic decision-making should be added to the Rawlsian list of basic liberties, protected by the first principle of justice. Secondly,I argue that a society which institutes forms of economic democracy will be more likely to preserve a stable and just basic structure over time, by virtue of the effects of economic democratization on (...) the development of an active, democratic character among citizens. Thirdly, I argue that a proper understanding of the demands of the difference principle shows that justice demands more than ex post redistribution, but also requires the ex ante redistribution of power and authority in economic life. This connects to Rawls’s discussion of the badness of inequality, and to his endorsement of a “property-owning democracy”. -/- My conclusion is that, even if we may doubt the success of this first Rawlsian argument,the second and third arguments are both successful, and together establish a strong Rawlsian case forseeing economic democratization as a requirement of justice. (shrink)

This paper makes two main claims: first, that the need to protect health professionals' moral integrity is what grounds the right to conscientious objection in health care; and second, that for a given claim of conscientious objection to be acceptable to society, a certain set of criteria should be fulfilled. The importance of moral integrity for individuals and society, including its special role in health care, is advocated. Criteria for evaluating the acceptability of claims to conscientious objection are outlined. The (...) precise content of the criteria is dictated by the two main interests that are at stake in the dilemma of conscientious objection: the patient's interests and the health professional's moral integrity. Alternative criteria proposed by other authors are challenged. The bold claim is made that conscientious objection should be recognised by society as acceptable whenever the five main criteria of the proposed set are met. (shrink)

John Rawls says that one of the requirements for stability is “[s]ociety as an employer of last resort” (PLP, lix). He explains: “[t]he lack of . . . the opportunity for meaningful work and occupation is destructive . . . of citizens’ self-respect” (PLP, lix). Rawls implies in these claims that the opportunity for meaningful work is a social basis of self-respect. This constitutes a significant shift in his account of self-respect, one that has been overlooked. I begin by clarifying (...) Rawls’s account of self-respect in A Theory of Justice, then consider some post-Theory developments in it. After exploring the nature of Rawls’s commitment to the opportunity for meaningful work, I ask why he comes to think it is a social basis of self-respect. I extract a partial answer from his writings, then speculate about his full reasoning. Finally, I consider whether Rawls is right that the opportunity for meaningful work is a social basis of self-respect. I give some reason to believe that he is. (shrink)

Should the current members of a community compensate the victims of their ancestor’s emissions of greenhouse gases? I argue that the previous generation of polluters may not have been morally responsible for the harms they caused.I also accept the view that the polluters’ descendants cannot be morally responsible for their ancestor’s harmful emissions. However, I show that, while granting this, a suitably defined notion of moral free-riding may still account for the moral obligation of the polluters’ descendants to compensate the (...) current victims of their ancestors’ actions. A concept of transgenerational free-riding is defined. Objections to the idea of using free-riding as part of a theory of justice are rejected. Two different views of moral free-riding are contrasted, with consequences for the amount of compensation to be exigible from the polluters’ descendants. Some final considerations are devoted to the possible relevance of this free-riding-based view for other issues of historical injustice. (shrink)

A distinctive feature of modern capitalist societies is the tendency of the market to take over the production, maintenance, and distribution of goods that were previously produced, maintained, and distributed by nonmarket means. Yet, there is a wide range of disagreement regarding the proper extent of the market in providing many goods. Labor has been treated as a commodity since the advent of capitalism, but not without significant and continuing challenges to this arrangement. Other goods whose production for and distribution (...) on the market are currently the subject of dispute include sexual intercourse, human blood, and human body parts such as kidneys. How can we determine which goods are properly subjects of market transactions and which are not? The purpose of this article is to propose a theory of what makes economic goods differ from other kinds of goods, which can help to answer this question. (shrink)

We argue that for theorists with a post-institutional conception of property, e.g., Rawlsians, there is no principled reason to limit the domain of distributive justice to tax and transfer-both tax policy and the rules of the private law are constructed in service to distributive aims. Such theorists cannot maintain a commitment to a normative conception of private law independent of their overarching distributive principles. In contrast, theorists with a pre-institutional conception of property can derive the private law from sectors of (...) morality independent of distributive justice. Nevertheless, we argue, this does not entail that the private law, for pre-institutional theorists, must be sanitized of equity-oriented values. Non-libertarian pre-institutional theorists holding principled commitments to equity-oriented values are free to invoke either tax and transfer or the rules of the private law to attain them. Footnotesa We are grateful to John G. Bennett, Harry Dolan, Edward McCaffery, and Ellen Frankel Paul for written comments on a previous draft and to Eric Mack, Fred Miller, Jeffrey Paul, A. John Simmons, and the other contributors to this volume for valuable discussions. (shrink)

abstract The most well‐known liberal‐egalitarian defence of cultural rights, provided by Will Kymlicka, presents culture as a primary good, and thus a resource that ought to be distributed according to some fair egalitarian criteria. Kymlicka relies on the intuition that inequalities between persons that are the result of brute luck rather than personal choice are unjust in making the case for various multicultural rights. This article makes two main claims. First, the standard luck egalitarian intuition on which Kymlicka's argument relies (...) cannot justify what he calls ‘polyethnic rights,’ in particular cultural and religious exemptions from generally applicable laws. Second, I argue that such exemptions are justifiable by appealing to the public value of fair equality of opportunity, properly construed. (shrink)

Previous edition, 1st, published in 1971.

This article asks whether firms should contribute to the costs of procreation and parenthood. We explore two sets of arguments. First, we ask what the principle of fair play – central in parental justice debates – implies. We argue that if one defends a pro-sharing view, firms are required to shoulder part of the costs of procreation and parenthood. Second, we turn to the principle of fair equality of opportunity. We argue that compensating firms for costs they incur because their (...) employees decide to procreate or parent may undermine some of the incentives leading to (statistical) discrimination in the workplace. (shrink)