Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

In this stimulating work of political philosophy, acclaimed philosopher G. A. Cohen sets out to rescue the egalitarian thesis that in a society in which distributive justice prevails, peopleâes material prospects are roughly equal. Arguing against the Rawlsian version of a just society, Cohen demonstrates that distributive justice does not tolerate deep inequality. In the course of providing a deep and sophisticated critique of Rawlsâes theory of justice, Cohen demonstrates that questions of distributive justice arise not only for the state (...) but also for people in their daily lives. The right rules for the macro scale of public institutions and policies also apply, with suitable adjustments, to the micro level of individual decision-making. Cohen also charges Rawlsâes constructivism with systematically conflating the concept of justice with other concepts. Within the Rawlsian architectonic, justice is not distinguished either from other values or from optimal rules of social regulation. The elimination of those conflations brings justice closer to equality. (shrink)

Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions.Just as with verdicts in jury trials, Estlund argues, the authority and legitimacy of (...) a political decision does not depend on the particular decision being good or correct. But the "epistemic value" of the procedure--the degree to which it can generally be accepted as tending toward a good decision--is nevertheless crucial. Yet if good decisions were all that mattered, one might wonder why those who know best shouldn't simply rule.Estlund's theory--which he calls "epistemic proceduralism"--avoids epistocracy, or the rule of those who know. He argues that while some few people probably do know best, this can be used in political justification only if their expertise is acceptable from all reasonable points of view. If we seek the best epistemic arrangement in this respect, it will be recognizably democratic--with laws and policies actually authorized by the people subject to them. (shrink)

Though the Revised Edition of A Theory of Justice, published in 1999, is the definitive statement of Rawlsıs view, so much of the extensive literature on ...

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

The main body of this paper assesses a leading recent theory of fairness, a theory put forward by John Broome. I discuss Broome's theory partly because of its prominence and partly because I think it points us in the right direction, even if it takes some missteps. In the course of discussing Broome's theory, I aim to cast light on the relation of fairness to consistency, equality, impartiality, desert, rights, and agreements. Indeed, before I start assessing Broome's theory, I discuss (...) two very popular conceptions of fairness that contrast with his. One of these very popular conceptions identifies fairness with the equal and impartial application of rules. The other identifies fairness with all-things-considered moral rightness. (shrink)

In theory and practice, the notion of fairness is far from simple. The principle is often elusive and subject to confusion, even in institutions of law, usage, and custom. In Fairness, Nicholas Rescher aims to liberate this concept from misunderstandings by showing how its definitive characteristics prevent it from being absorbed by such related conceptions as paternalistic benevolence, radical egalitarianism, and social harmonization. Rescher demonstrates that equality before the state is an instrument of justice, not of social utility or public (...) welfare, and argues that the notion of fairness stops well short of a literal egalitarianism. Rescher disposes of the confusions arising from economists' penchant to focus on individual preferences, from decision theorists' concern for averting envy, and from political theorists' sympathy for egalitarianism. In their place he shows how the idea of distributive equity forms the core of the concept of fairness in matters of distributive justice. The coordination of shares with valid claims is the crux of the concept of fairness. In Rescher's view, this means that the pursuit of fairness requires objective rather than subjective evaluation of the goods being shared. This is something quite different from subjective equity based on the personal evaluation of goods by those laying claim to them. Insofar as subjective equity is a concern, the appropriate procedure for its realization is a process of maximum value distribution. Further, Rescher demonstrates that in matters of distributive justice, the distinction between new ownership and preexisting ownership is pivotal and calls for proceeding on very different principles depending on the case. How one should proceed depends on context, and what is adjudged fair is pragmatic, in that there are different requirements for effectiveness in achieving the aims and purposes of the sort of distribution that is intended. Rescher concludes that fairness is a fundamentally ethical concept. Its distinctive modus operandi contrasts sharply with the aims of paternalism, preference-maximizing, or economic advantage. Fairness will be of interest to philosophers, economists, and political scientists. "[Fairness is] one of the most forceful conceptual analysis of fairness yet produced." -Ludwig Beckman, The Review of Metaphysics Nicholas Rescher is University Professor of Philosophy and vice chairman of the Center for Philosophy of Science at the University of Pittsburgh. He has written more than seventy books in various areas of philosophy, including Complexity: A Philosophical Overview and Inquiry Dynamics, both published by Transaction. (shrink)

The main body of this paper assesses a leading recent theory of fairness, a theory put forward by John Broome. I discuss Broome's theory partly because of its prominence and partly because I think it points us in the right direction, even if it takes some missteps. In the course of discussing Broome's theory, I aim to cast light on the relation of fairness to consistency, equality, impartiality, desert, rights, and agreements. Indeed, before I start assessing Broome's theory, I discuss (...) two very popular conceptions of fairness that contrast with his. One of these very popular conceptions identifies fairness with the equal and impartial application of rules. The other identifies fairness with all-things-considered moral rightness. (shrink)

The three most common responses to Taurek’s ‘numbers problem’ are saving the greater number, equal chance lotteries and weighted lotteries. Weighted lotteries have perhaps received the least support, having been criticized by Scanlon What We Owe to Each Other ( 1998 ) and Hirose ‘Fairness in Life and Death Cases’ ( 2007 ). This article considers these objections in turn, and argues that they do not succeed in refuting the fairness of a weighted lottery, which remains a potential solution to (...) cases of conflict. Moreover, it shows how these responses actually lead to a new argument for weighted lotteries, appealing to fairness and Pareto-optimality. (shrink)

And in this book the distinguished scholar Amartya Sen offers a powerful critique of the theory of social justice that, in its grip on social and political ...

In an important piece of work Derek Parfit distinguishes two different forms of egalitarianism, ‘Deontic’ and ‘Telic’. He contrasts these with what he calls the Priority View, which is not strictly a form of egalitarianism at all, since it is not essentially concerned with how well off people are relative to each other. His main aim is to generate an adequate taxonomy of the positions available, but in the process he draws attention to some of the different problems they face. (...) I shall argue that there are forms of egalitarianism overlooked by Parfit which avoid the problems encountered by Deontic and Telic Egalitarians. (shrink)

In his Tanner Lecture of 1979 called ‘Equality of What?’ Amartya Sen asked what metric egalitarians should use to establish the extent to which their ideal is realized in a given society. What aspect of a person’s condition should count in a fundamental way for egalitarians, and not merely as cause of or evidence of or proxy for what they regard as fundamental?

abstract This paper examines the problem of selecting a number of candidates to receive a good (admission) from a pool in which there are more qualified applicants than places. I observe that it is rarely possible to order all candidates according to some relevant criterion, such as academic merit, since these standards are inevitably somewhat vague. This means that we are often faced with the task of making selections between near‐enough equal candidates. I survey one particular line of response, which (...) says that we should allow our choice of borderline candidates to be guided by non‐relevant criteria such as gender‐balancing. I argue that this would not, as commonly objected, be a case of sex discrimination if it is to be applied either in favour of men or women. Nonetheless, I argue that such policies are problematic because they violate the demand for publicity, which is required for legitimacy and to assure everyone that discrimination has not in fact taken place. Instead, I suggest that, if we are concerned to avoid discrimination, there may be a case for using lotteries as tie‐breakers, not on grounds of fairness but to prevent taint of bias. (shrink)

John Broome; V*—Fairness, Proceedings of the Aristotelian Society, Volume 91, Issue 1, 1 June 1991, Pages 87–102, https://doi.org/10.1093/aristotelian/91.1.87.

The levelling down objection is the most serious objection to the principle of equality, but we think it can be conclusively defeated. It is serious because it pits the principle of equality squarely against the welfares of the persons whose welfares or resources are equalized. It suggests that there is something perverse about the principle of equality. In this paper, we argue that levelling down is not an implication of the principle of equality. To show this we offer a defence (...) of, and partial elaboration of, what we call a common good conception of the principle of equality, which principle favours states in which everyone is better off to those in which everyone is worse off. We contrast this with what we call a purely structural conception of the principle of equality. The common good conception of equality involves two basic components: (1) in each circumstance there exists an ideal egalitarian distribution, which distributes equally all the available good in the distribution with the highest average welfare and (2) in evaluating how just the world is, it will matter how far the actual distribution is from the ideal distribution. The ideal egalitarian distribution in the circumstance is Pareto optimal and the approximation rule implies that Pareto superior states are less unjust than Pareto inferior states. 1. (shrink)

John Broome; V*—Fairness, Proceedings of the Aristotelian Society, Volume 91, Issue 1, 1 June 1991, Pages 87–102, https://doi.org/10.1093/aristotelian/91.1.87.

This paper examines the problem of selecting a number of candidates to receive a good (admission) from a pool in which there are more qualified applicants than places. I observe that it is rarely possible to order all candidates according to some relevant criterion, such as academic merit, since these standards are inevitably somewhat vague. This means that we are often faced with the task of making selections between near-enough equal candidates. I survey one particular line of response, which says (...) that we should allow our choice of borderline candidates to be guided by non-relevant criteria such as gender-balancing. I argue that this would not, as commonly objected, be a case of sex discrimination if it is to be applied either in favour of men or women. Nonetheless, I argue that such policies are problematic because they violate the demand for publicity, which is required for legitimacy and to assure everyone that discrimination has not in fact taken place. Instead, I suggest that, if we are concerned to avoid discrimination, there may be a case for using lotteries as tie-breakers, not on grounds of fairness but to prevent taint of bias. (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 book is meant to help resolve a couple of uncertainties.

The conception of social justice as equality is defended in this paper by examining what may appear to be two inegalitarian conceptions of justice, as distribution according to desert and as distribution according to need. It is argued that claims of just entitlement arise within a context of reciprocal co-operation for mutual benefit. Within such a context there are special cases where it can be said that those who contribute more deserve more, and that those who need more should get (...) more, but those claims themselves presuppose a norm of equal contribution and equal benefit. (shrink)