Although Robert Nozick has argued that libertarianism is compatible with the justice of a minimal state—even if does not arise from mutual consent—few have been persuaded. I will outline a different way of establishing that a non-consensual libertarian state can be just. I will show that a state can—with a few important qualifications—justly enforce the rights of citizens, extract payments to cover the costs of such enforcement, redistribute resources to the poor, and invest in infrastructure to overcome market failures. Footnotesa (...) For very helpful comments, I am indebted to Dani Attas, Ellen Frankel Paul, Robert Johnson, Brian Kierland, Mike Otsuka, Eric Roark, and the other contributors to this volume. (shrink)

The concept of agent-responsibility for an outcome (that is, of the outcome reflecting the autonomous choice of the agent) is central to both ethics and political philosophy. The concept, however, remains radically under-explored. In particular, the issue of partial responsibility for an outcome needs further development. I propose an account of partial responsibility based on partial causal contribution. Agents who choose autonomously in full knowledge of the consequences are agent-responsible, I claim, for the shift in the objective probability of the (...) outcome in question that her choice induces. Thus, agents will typically be only partially agent-responsible (that is, for a shift of less than 100 percent) for any given outcome. The model has an implication that is generally rejected: that agents who purchase lottery tickets and win are agent-responsible for only part of the winnings. (shrink)

We shall focus on moral theories that are solely concerned with promoting the benefits (e.g., wellbeing) of individuals and explore the possibility of such theories ascribing some priority to benefits to those who are worse off—without this priority being absolute. Utilitarianism (which evaluates alternatives on the basis of total or average benefits) ascribes no priority to the worse off, and leximin (which evaluates alternatives by giving lexical priority to the worst off, and then the second worst off, and so on) (...) ascribes absolute priority to the worse off (i.e., favors even a very small benefit to a worse off person over very large benefits to large numbers of better off people). Neither extreme view, we assume, is plausible. (shrink)

What rights and duties do adults have with respect to raising children? Who, for example, has the right to decide how and where a particular child will live, be educated, receive health care, and spend recreational time? I argue that neither biological (gene-provider) nor..

Maximizing act consequentialism holds that actions are morally permissible if and only if they maximize the value of consequences—if and only if, that is, no alternative action in the given choice situation has more valuable consequences.[i] It is subject to two main objections. One is that it fails to recognize that morality imposes certain constraints on how we may promote value. Maximizing act consequentialism fails to recognize, I shall argue, that the ends do not always justify the means. Actions with (...) maximally valuable consequences are not always permissible. The second main objection to maximizing act consequentialism is that it mistakenly holds that morality requires us to maximize value. Morality, I shall argue, only requires that we satisfice (promote sufficiently) value, and thus leaves us a greater range of options than maximizing act consequentialism recognizes. (shrink)

I formulate and defend a theory of special procreative duties in the context of a liberal egalitarian theory of justice. I argue that (1) the only special duty that procreators owe their offspring is that of ensuring that their life prospects are non-negative (worth living), and (2) the only special duty that procreators owe others is that of ensuring that they are not disadvantaged by the procreators’ offspring (a) violating their rights or (b) adversely affecting their equality rights and duties.

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)

A fully developed sophisticated response-dependent account would fill in specifications for B (the beings) and C (the conditions), would probably replace the reference to disapproval with a reference to a more complex response, and might involve a more complex scheme.[ii] For simplicity, however, I shall focus my argument on the above simple scheme of moral wrongness, since added complexities will be irrelevant to my argument.

The word “justice” is used in several different ways. First, justice is sometimes understood as moral permissibility applied to distributions of benefits and burdens (e.g., income distributions) or social structures (e.g., legal systems). In this sense, justice is distinguished by the kind of entity to which it is applied, rather than a specific kind of moral concern.

I articulate and defend a principle governing enforcement rights in response to a non‐culpable non‐just rights‐intrusion (e.g., wrongful bodily attack by someone who falsely, but with full epistemic justification, believes that he is acting permissibly). The account requires that the use of force reduce the harm from such intrusions and is sensitive to the extent to which the intruder is agent‐responsible for imposing intrusion‐harm.

An individual is agent-responsible for an outcome just in case it flows from her autonomous agency in the right kind of way. The topic of agent-responsibility is important because most people believe that agents should be held morally accountable (e.g., liable to punishment or having an obligation to compensate victims) for outcomes for which they are agent-responsible and because many other people (e.g., brute luck egalitarians) hold that agents should not be held accountable for outcomes for which they are not (...) responsible. In this paper, I examine how false beliefs affect agent-responsibility. Unlike most of the papers in this collection, my paper is on the notion of agent-responsibility that many believe is relevant to justice and morality generally. I do not here address the question of how, if at all, justice and morality are sensitive to agent-responsibility. (shrink)

Earl Conee is a well known contemporary defender of the impossibility of moral dilemmas. In his 1982 paper "Against Moral Dilemmas" he argued that moral dilemmas are impossible because the existence of such a dilemma would entail that some obligatory action is forbidden, which is absurd. More recently, in "Why Moral Dilemmas are Impossible" he has defended the impossibility of moral dilemmas by claiming that the moral status of an action depends in part on the moral status of its alternatives. (...) I will here argue that this claim -- as he understands it -- is sufficiently controversial to undermine the force of his argument. (shrink)

Natural properties are those that carve reality at the joints. The notion of carving reality at the joints, however, is somewhat obscure, and is often understood in terms of making for similarity, conferring causal powers, or figuring in the laws of nature. I develop and assess an account of the third sort according to which carving reality at the joints is understood as having the right level of determinacy relative to nomic roles. The account has the attraction of involving very (...) weak metaphysical presuppositions, but fails to capture several features that natural properties are presumed to have. (shrink)

Libertarianism holds that agents initially fully own themselves. Lockean libertarianism further holds that agents have the moral power to acquire private property in external things as long as a Lockean Proviso—requiring that “enough and as good” be left for others—is satisfied. Radical right-libertarianism, on the other hand, holds that satisfaction of a Lockean Proviso is not necessary for the appropriation of unowned things. This is sometimes defended on the ground that the initial status of external resources as unowned precludes any (...) role for a Lockean Proviso. I shall show that this is a bad argument. Although I would argue that satisfaction of a Lockean Proviso is indeed a necessary condition for the appropriation of unowned things, I shall not attempt to establish that here. My goal here is more modest: to rebut one argument against the Lockean Proviso. (shrink)

The difference principle, introduced by Rawls (1971, 1993), is generally interpreted as leximin, but this is not how he intended it. Rawls explicitly states that the difference principle requires that aggregate benefits (e.g., average or total) to those in the least advantaged group be given lexical priority over benefits to others, where the least advantaged group includes more than the strictly worst off individuals. We study the implications of adopting different approaches to the definition of the least advantaged group and (...) show that, if acyclicity is required, several seemingly plausible approaches lead to something close to leximin. We then show that significant aggregation is possible, if the least advantaged group is defined as those with those with less benefits than some strictly positive transform of the lowest level of benefits. Finally, we discuss the implications of requiring that, in comparing two alternatives, the cutoff for the least advantaged group of one alternative be the same as that for the other alternative. (shrink)

In Are Equal Liberty and Equality Compatible?, Jan Narveson and James Sterba insightfully debate whether a right to maximum equal negative liberty requires, or at least is compatible with, a right to welfare. Narveson argues that the two rights are incompatible, whereas Sterba argues that the rights are compatible and indeed that the right to maximum equal negative liberty requires a right to welfare. I argue that Sterba is correct that the two rights are conceptually compatible and that Narveson is (...) right that right to negative liberty does not conceptually require a right to welfare. (shrink)

This problem has already been discussed by a number of authors.[i] Typically, however, authors take one of two extreme positions: they hold that all welfare should be taken at face value, or they hold that "suspect" welfare should be completely ignored. My contribution here is the following: First, I introduce the notion of unauthorized (suspect) welfare, of which welfare from meddlesome preferences, offensive tastes, expensive tastes, etc. are special cases. Second, I formulate four conditions of adequacy, applicable to any welfare-based (...) theory, for dealing with unauthorized welfare. These conditions require that unauthorized welfare be "discounted" (play a restricted role) but not be completely ignored. Thus, I shall be exploring a position intermediate between taking "unauthorized" welfare at face value and simply ignoring it. Moreover, the four conditions jointly determine exactly how existing welfare-based theories need to be revised so as to be appropriately sensitive to unauthorized welfare. (shrink)

This is the first volume of Equality and Justice, a six-volume collection of the most important articles of the twentieth century on the topic of justice and equality. This volume addresses the following three (only loosely related) issues: (1) What is the concept of justice? (2) Is justice primarily a demand on individuals or on societies? (3) What are the relative merits of conceptions of justice based on equality, based on priority for those who have less, and based on ensuring (...) that everyone has a basic minimum, of the relevant goods? (shrink)

Libertarian theories of justice hold that agents, at least initially, own themselves fully, and thus owe no service to others, except through voluntary action. The most familiar libertarian theories are right-libertarian in that they hold that natural resources are initially unowned and, under a broad range of realistic circumstances, can be privately appropriated without the consent of, or any significant payment to, the other members of society. Leftlibertarian theories, by contrast, hold that natural resources are owned by the members of (...) society in some egalitarian manner, and may be appropriated only with their permission, or with a significant payment to them. Left-libertarian theories have been propounded for over two centuries[i], but in recent years there has been a revival of interest in them. Theories roughly of this sort have been explored by Kolm [1985, 1986] and Gibbard [1976], advocated by Steiner [1994], Grunebaum [1987], and Van Parijs [1995], and criticized by Cohen [1995]. (shrink)

Ethics in Practice, 3rd edition, edited by Hugh La Follette (Blackwell Publishers, forthcoming 2007).

in Intergenerational Equity and Sustainability, edited by John Roemer and Kotaro Suzumura, (Palgrave Publishers Ltd., forthcoming 2007), ch.11.

I came late to philosophy and even later to normative ethics. When I started my undergraduate studies at the University of Toronto in 1970, I was interested in mathematics and languages. I soon discovered, however, that my mathematical talents were rather meager compared to the truly talented. I therefore decided to study actuarial science (the applied mathematics of risk assessment for insurance and pension plans) rather than abstract math. After two years, however, I dropped out of university, went to work (...) for a life insurance company, and started studying on my own for the ten professional actuarial exams. When not studying, I would often go to the public library and I was drawn to the philosophy section—although I had no idea of what philosophy was about. I there saw Logical Positivism, edited by A.J. Ayer. I was interested in logical thinking and I also favored an optimistic attitude towards life (!) and so I thought that the book might be interesting. I checked it out and was absolutely enthralled with the writings of Bertrand Russell, Rudolf Carnap, Carl Hempel and others (if I’m remembering correctly). Of course, I didn’t really understand much of what they were doing, but I did see that they were addressing important problems in a systematic and rigorous manner. I liked it! (shrink)