This article argues that, in its standard formulation, luck-egalitarianism is false. In particular, I show that disadvantages that result from perfectly free choice can constitute egalitarian injustice. I also propose a modified formulation of luck-egalitarianism that would withstand my criticism. One merit of the modification is that it helps us to reconcile widespread intuitions about distributive justice with equally widespread intuitions about punitive justice.

Hypothetical consent is puzzling. On the one hand, it seems to make a moral difference across a wide range of cases. On the other hand, there seem to be principled reasons to think that it cannot. In this article I put forward reasonably precise formulations of these general suspicions regarding hypothetical consent; I draw several distinctions regarding the ways in which hypothetical consent may make a moral difference; I distinguish between two autonomy-related concerns, nonalienation and sovereignty; and, utilizing these distinctions, (...) I show that—and in a preliminary way, when—the objections to the moral significance of hypothetical consent fail. (shrink)

Hypothetical contracts have been said to be not worth the paper they are not written on. This paper defends hypothetical consent theories of justice, such as Rawls's, against the view that they lack justificatory power. I argue that while hypothetical consent cannot generate political obligation, it can generate political legitimacy.

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Some ways of defending inequality against the charge that it is unjust require premises that egalitarians find easy to dismiss—statements, for example, about the contrasting deserts and/or entitlements of unequally placed people. But a defense of inequality suggested by John Rawls and elaborated by Brian Barry has often proved irresistible even to people of egalitarian outlook. The persuasive power of this defense of inequality has helped to drive authentic egalitarianism, of an old-fashioned, uncompromising kind, out of contemporary political philosophy. The (...) present essay is part of an attempt to bring it back in. (shrink)

The presumption of innocence has often been understood as a doctrine that can be explained primarily by instrumental concerns relating to accurate fact-finding in the criminal trial and that has few if any implications outside the trial itself. In this paper, I argue, in contrast, that in a liberal legal order everyone has a right to be presumed innocent simply in virtue of being a person. Every person has a right not to be subjected to criminal punishment unless and until (...) he or she has done something that is criminally wrong. Since disagreements about allegations of criminal wrongdoing are inevitable, the liberal legal order requires a process for determining whether wrongdoing has occurred. In order to preserve the right not to be punished without wrongdoing, the accused person must be presumed innocent throughout this process. The presumption of innocence is therefore as much a basic human right as, for example, the right to bodily integrity or the right to freedom of expression. Specifications of and limitations on the right should therefore be justified not primarily in terms of their instrumental effectiveness in fact-finding or crime control but in terms of the role of the criminal process in a liberal legal order. I consider some implications of this view of the presumption of innocence for the pre-trial process and for substantive criminal law. I argue that the presumption of innocence, understood as a basic human right, should condition the entire pre-trial process; it has, however, minimal implications for the definition of offences. (shrink)

The Pareto argument for inequality holds that any change from a position of equality to one of inequality is justified so long as everyone benefits from the change. G.A. Cohen criticizes this argument (which he attributes to Rawls) on the ground that changes can normally be found which preserve both equality and Pareto‐efficiency. However, this does not resolve the basic conflict between the two desiderata. Strong egalitarians hold that Pareto changes are not for the better if they increase inequality too (...) greatly. Thus if the Pareto argument holds, then strong egalitarianism is unsustainable. I argue that egalitarians need not be troubled by the Pareto argument for inequality. The Pareto criterion would not be widely accepted unless it takes account of moral harms; but if it does take account of moral harms then there is no reason to doubt that egalitarian concerns can be incorporated into the Pareto argument. (shrink)

One of the central debates within contemporary Anglo-American political philosophy concerns how to formulate an egalitarian theory of distributive justice which gives coherent expression to egalitarian convictions and withstands the most powerful anti-egalitarian objections. This book brings together many of the key contributions to that debate by some of the world’s leading political philosophers: Richard Arneson, G.A. Cohen, Ronald Dworkin, Thomas Nagel, Derek Parfit, John Rawls, T.M. Scanlon, and Larry Temkin.

Kok-Chor Tan addresses three key questions in political philosophy: Where does distributive equality matter? Why does it matter? And among whom does it matter? He argues for an institutional site for egalitarian justice, a luck-egalitarian ideal of why equality matters, and a global scope for distributive justice.

In recent years, interest in desert-based theories of justice has increased, and this seems to represent a challenge to equality-based theories of justice.[i] The best distribution of outcomeadvantage with respect to desert, after all, need not be the most equal distribution of outcomeadvantage. Some individuals may deserve more than others. Outcome egalitarianism is, however, implausible, and so the conflict of outcome desert with outcome equality is of little significance.[ii] Most contemporary versions of egalitarianism are concerned with neutralizing the differential effects (...) of brute luck and not with equality of outcome. I shall argue that, in order to be plausible, a desert-based theory of justice can and must be compatible with this form of egalitarianism. There is, however, a stronger form of brute luck egalitarianism, which, as I shall explain, is concerned with equalizing the advantages from brute luck—and not merely with neutralizing the differential effects thereof. Under idealized conditions in which agents have perfect information about the outcomes that their choices generate, even this stronger form of egalitarianism, I shall show, is compatible with pure desert theory. Under conditions of incomplete information, however, strong brute luck egalitarianism is incompatible with a pure desert theory that appeals, as I shall explain, to moral, rather than prudential, desert. (shrink)

s admirable new book, Justice, Luck, and Knowledge , brings together recent developments in the fields of responsibility and egalitarian justice. This article focuses on Hurley’s critique of luck-neutralizing egalitarianism. The article concludes that the bad-luck-neutralizing aim serves better as a justificatory basis for egalitarianism than the more general luck-neutralizing aim. Since the former does not simply assume that we should aim for equality, Hurley has not demonstrated (nor indeed does she claim to have shown) that this concern cannot form (...) the justificatory basis of egalitarianism in a non-question-begging way. This, however, does not detract from the fact that Hurley’s book provides a very insightful discussion of the relationship between luck and justice. Key Words: Hurley • Dworkin • Cohen • luck • justice • egalitarianism. (shrink)

Samuel Freeman was a student of the influential philosopher John Rawls, he has edited numerous books dedicated to Rawls' work and is arguably Rawls' foremost interpreter. This volume collects new and previously published articles by Freeman on Rawls. Among other things, Freeman places Rawls within historical context in the social contract tradition, and thoughtfully addresses criticisms of this position. Not only is Freeman a leading authority on Rawls, but he is an excellent thinker in his own right, and these articles (...) will be useful to a wide range of scholars interested in Rawls and the expanse of his influence. (shrink)