In public reason liberalism, equal respect requires that conceptions of justice be publicly justifiable to relevant people in a manner that allocates to each an equal say. But all liberal public justification also excludes: e.g., it accords no say, or a lesser say, to people it deems unreasonable. Can liberal public justification be aligned with the equal respect that allegedly grounds it, if the latter calls for discursive equality? The chapter explores this challenge with a focus on Rawls-type political (...) liberalism. I suggest that political liberalism’s commitment to equal respect can cohere with the standing of the unreasonable in public justification if that standing is not impermissibly unequal in discursive purchase. I then consider one candidate view of the permissibility of purchase inequality. On this broadly sufficientarian view, purchase inequality is permissible provided relevant people have standing of enough purchase to be able to avoid relevant bads. A plausible variant of this view suggests that political liberalism’s commitment to equal respect does not cohere with the discursive standing of the unreasonable. It emerges that where liberal public justification accords actual people discursive respect but relevantly idealizes at least around its fringes, the permissibility of purchase inequality must be a central concern. (shrink)

Individuals are owed equal respect. But on the basis of what property of individuals are they owed such respect? A popular Kantian answer —rational agency — appears less plausible in light of the growing psychological evidence that human choice is subject to a wide array of biases (framing, laziness, etc.); human beings are neither equal in rational agency nor especially robust rational agents. Defenders of this Kantian answer thus need a non-ideal theory of equal respect for rational agency, one that (...) takes seriously our characteristic deficiencies of practical rationality without junking the notion that rational agency entitles us to equal respect. This article defends an understanding of respect for rational agency wherein the object of such respect is individuals’ aspiration to rationally govern their lives. This understanding of respect for rational agency retains the core notion of respect as a kind of deference, directs respect at persons, has suitably egalitarian implications, and does not require us to deny the aforementioned psychological evidence regarding the infirmities of human rationality. (shrink)

Equality and identity. Bulletin of Symbolic Logic. 19 (2013) 255-6. (Coauthor: Anthony Ramnauth) Also see https://www.academia.edu/s/a6bf02aaab This article uses ‘equals’ [‘is equal to’] and ‘is’ [‘is identical to’, ‘is one and the same as’] as they are used in ordinary exact English. In a logically perfect language the oxymoron ‘the numbers 3 and 2+1 are the same number’ could not be said. Likewise, ‘the number 3 and the number 2+1 are one number’ is just as bad from a logical (...) point of view. In normal English these two sentences are idiomatically taken to express the true proposition that ‘the number 3 is the number 2+1’. Another idiomatic convention that interferes with clarity about equality and identity occurs in discussion of numbers: it is usual to write ‘3 equals 2+1’ when “3 is 2+1” is meant. When ‘3 equals 2+1’ is written there is a suggestion that 3 is not exactly the same number as 2+1 but that they merely have the same value. This becomes clear when we say that two of the sides of a triangle are equal if the two angles they subtend are equal or have the same measure. -/- Acknowledgements: Robert Barnes, Mark Brown, Jack Foran, Ivor Grattan-Guinness, Forest Hansen, David Hitchcock, Spaulding Hoffman, Calvin Jongsma, Justin Legault, Joaquin Miller, Tania Miller, and Wyman Park. -/- ► JOHN CORCORAN AND ANTHONY RAMNAUTH, Equality and identity. Philosophy, University at Buffalo, Buffalo, NY 14260-4150, USA E-mail: corcoran@buffalo.edu The two halves of one line are equal but not identical [one and the same]. Otherwise the line would have only one half! Every line equals infinitely many other lines, but no line is [identical to] any other line—taking ‘identical’ strictly here and below. Knowing that two lines equaling a third are equal is useful; the condition “two lines equaling a third” often holds. In fact any two sides of an equilateral triangle is equal to the remaining side! But could knowing that two lines being [identical to] a third are identical be useful? The antecedent condition “two things identical to a third” never holds, nor does the consequent condition “two things being identical”. If two things were identical to a third, they would be the third and thus not be two things but only one. The plural predicate ‘are equal’ as in ‘All diameters of a given circle are equal’ is useful and natural. ‘Are identical’ as in ‘All centers of a given circle are identical’ is awkward or worse; it suggests that a circle has multiple centers. Substituting equals for equals [replacing one of two equals by the other] makes sense. Substituting identicals for identicals is empty—a thing is identical only to itself; substituting one thing for itself leaves that thing alone, does nothing. There are as many types of equality as magnitudes: angles, lines, planes, solids, times, etc. Each admits unit magnitudes. And each such equality analyzes as identity of magnitude: two lines are equal [in length] if the one’s length is identical to the other’s. Tarski [1] hardly mentioned equality-identity distinctions (pp. 54-63). His discussion begins: -/- Among the logical concepts […], the concept of IDENTITY or EQUALITY […] has the greatest importance. -/- Not until page 62 is there an equality-identity distinction. His only “notion of equality”, if such it is, is geometrical congruence—having the same size and shape—an equivalence relation not admitting any unit. Does anyone but Tarski ever say ‘this triangle is equal to that’ to mean that the first is congruent to that? What would motivate him to say such a thing? This lecture treats the history and philosophy of equality-identity distinctions. [1] ALFRED TARSKI, Introduction to Logic, Dover, New York, 1995. [This is expanded from the printed abstract.] . (shrink)

Many democratic theorists hold that when a decision is collectively made in the right kind of way, in accordance with the right procedure, it is permissible to enforce it. They deny that there are further requirements on the type of reasons that can permissibly be used to justify laws and policies. In this paper, I argue that democratic theorists are mistaken about this. So-called public reason requirements follow from commitments that most of them already hold. Drawing on the democratic ideal (...) of civic equality, I show that it can successfully explain why political decision-making must have the right sort of procedure-independent justification. However, contra standard accounts of public reason, I argue that laws and policies need to be justified with convergence accessible, not shared, reasons. Public reasons are those that are accessible in light of evaluative standards shared by all, or in light of every citizen’s private evaluative standards. Since this will make the set of public reasons wider, it makes the theory more palatable to sceptics while retaining the framework’s justificatory potential. (shrink)

Humans possess two nonverbal systems capable of representing numbers, both limited in their representational power: the first one represents numbers in an approximate fashion, and the second one conveys information about small numbers only. Conception of exact large numbers has therefore been thought to arise from the manipulation of exact numerical symbols. Here, we focus on two fundamental properties of the exact numbers as prerequisites to the concept of EXACT NUMBERS : the fact that all numbers can be generated by (...) a successor function and the fact that equality between numbers can be defined in an exact fashion. We discuss some recent findings assessing how speakers of Munduruc (an Amazonian language), and young Western children (3-4 years old) understand these fundamental properties of numbers. (shrink)

In the luck egalitarian literature, one influential formulation of luck egalitarianism does not specify whether equalities that do not reflect people’s equivalent exercises of responsibility are bad with regard to inequality. This equivocation gives rise to two competing versions of luck egalitarianism: asymmetrical and symmetrical luck egalitarianism. According to the former, while inequalities due to luck are unjust, equalities due to luck are not necessarily so. The latter view, by contrast, affirms the undesirability of equalities as well as inequalities insofar (...) as they are due to luck. The symmetrical view, we argue, is by far the more compelling, both by internal luck egalitarian standards and in light of the external rightist emphasis on choice and responsibility to which luck egalitarianism may partly be seen as a response. Our main case for the symmetrical view is that when some people, against a background of equal opportunities, do not exercise their responsibility to the same degree as others, they cannot justifiably call for equalizing measures to be put in place. Indeed, such measures would be positively unfair. The symmetrical view, accordingly, rejects compensation in such cases, whereas the asymmetrical view, implausibly, enjoins it. We also examine two objections to this argument. First, that this view fails to qualify as genuinely egalitarian, instead collapsing the notion of equality into the notion of desert. Second, that the opposing asymmetrical view, in contrast to the symmetrical view, can draw support from its compatibility with sufficientarian concerns. Both objections are rebutted. We conclude that luck egalitarians are best served by endorsing the symmetrical, luck-neutralizing stance. (shrink)

This thesis argues that a particular version of equal opportunity for welfare is the best way of meeting the joint demands of three liberal egalitarian ideals: distributional equality, responsibility, and respect for individuals’ differing reasonable judgements of their own good. It also examines which social choice rules best represent these demands. Finally, it defends the view that achieving equal opportunity for welfare should not only be a goal of formal public institutions, but that just citizens should also sometimes be (...) guided by it in their everyday life. The version of equal opportunity for welfare it defends differs from some well-known contemporary versions in the following ways. First, it rejects a definition of welfare as the degree of satisfaction of a person’s preferences, because, it argues, this conception of welfare cannot adequately deal with preference change. Instead, it suggests that we should adopt a conception of welfare based on a list of goods and conditions that are recognised as valuable from the perspective of a variety of different conceptions of the good. Second, it argues that individuals’ prima facie claim to an equally valuable share of the world’s resources—a claim which is based on their equal moral worth—is limited to situations in which giving one person a more valuable share means that someone else ends up with a less valuable share. It also argues that in situations where we can improve at least one person’s situation without worsening anyone else’s, we generally do not fail to respect each person’s equal moral worth by doing so, even if this leads to inequalities. Third, it defends a distinct view of responsibility, which justifies social arrangements that give people certain options with reference to the value that individuals can achieve (but don’t necessarily achieve) through their choices from these options. (shrink)

Egalitarianism seeks equality, which can be divided into two types: equality of process and equality of outcome. However, equality of outcome has been criticized for neglecting responsibility and failing to maximize utility. While pre-Qin Confucianism did not directly address these criticisms, its philosophical ideas can be used to respond to them. Confucius’ idea of equality of outcome can be seen in several texts, such as his comparison of poverty and inequality, his different treatment of Zi (...) Hua’s mother, and his opinion on Yuan Si’s high salary. Confucius believed in maintaining emotional desires in the middle way, which can address the criticism of neglecting responsibility. The Confucians between Confucius and Mencius emphasized “equal distribution” and “equal governance”, which embody the idea of equality of outcome. The emphasis on “employ people at the appropriate times” can also address the question of how to maximize the utility of equality of outcome. Mencius’ distinction between “those who rule” and “those who are ruled” and the concept of “equal field” reflect his idea of equality of outcome. In response to the levelling-down objection raised by Parfit, Mencius could potentially offer a presuppositional critique. Mencius believed that a gentleman would actively choose benevolence and accept the consequences, suggesting that equality of outcome does not ignore responsibility. Xunzi’s statement that “total equality is not order” is not contradictory to equality of outcome, as it emphasizes the importance of division of labour and cooperation among groups. Xunzi acknowledged the existence of a certain level of inequality between rich and poor, considering equality as more of a guiding principle rather than an absolute standard. The philosophical concept of equality, as proposed by pre-Qin Confucianism, provides a response to the criticisms directed towards equality of outcome. 平等主义所追求的平等可分为两种：过程公正和结果均等。相较于过程公正，结果均等遭受的更多的是批评：忽视责任、无法实现最大效用。虽然先秦儒家没有直面也不可能直面这些批评，但其哲学可用来应对这些挑战。 孔子区别贫和不均、对子华母亲态度的前后变化和对原思高俸禄的看法等多处文本，体现了结果均等思想。孔子提倡情感欲望保持中道，这有助于回应忽视责任的批评。孔孟间儒者所强调的分均、政均和平政，体现了结果均等思 想。强调“使民以时”，可以帮助回应结果均等实现最大效用何以可能的问题。孟子区分“治人者”和“治于人者”以及“均井田”等做法体现了结果均等。面对帕菲特的拉平反驳，可以设想孟子会给出前提批判。孟子相信，君 子会主动选择仁并承担后果，这同样说明结果均等并不忽视责任。荀子的“维齐非齐”不违背结果均等，因为它重视的是群体分工合作。荀子允许一定程度的贫富不平等，是因为他更多地把平等视为方向性原则。 先秦儒家的平等思想有助于回应结果均等所遭受到的批评。. (shrink)

We present a vignette study conducted with a quota sample of the German population (n = 400). Subjects had to redistribute a good between two hypothetical persons who contributed equally to the available amount but differed in quantity needed and the reason for their neediness. On a within-subjects level, we tested for the effects of need, accountability, and resource availability on their third-party distribution decisions. Between subjects, we further varied the kinds of needs: The persons either needed the good as (...) a means to survive, to live a decent life, to participate in society, or to be autonomous. Despite equal productivity, the mean share allocated to the needier person was significantly higher than an equal share. However, this share turned out significantly smaller when the needier person was accountable for needing more than the other. Nonetheless, even if accountable, the needier person still got a share larger than their contribution would suggest. When there was a surplus of resources, the needier person got an even higher share than when resources were scarce. (shrink)

As part of recent epistemic challenges to democracy, some have endorsed the implementation of epistemic constraints on voting, institutional mechanisms that bar incompetent voters from participating in public decision-making procedures. This proposal is often considered incompatible with a commitment to political equality. In this paper, I aim to dispute the strength of this latter claim by offering a theoretical justification for epistemic constraints on voting that does not rest on antiegalitarian commitments. Call this the civic accountability justification for epistemic (...) constraints on voting. On this view, voters stand to one another in a normative relation of reciprocal accountability that requires them to uphold an epistemically responsible conduct. Modest epistemic constraints on voting are justifiable because they secure that participation in voting is conforming to this normative requirement. Thanks to its distinctive features, the civic accountability justification can overcome two problems that egalitarians commonly associate with the idea of epistemic constraints on voting: the disrespect problem and the hierarchy problem. (shrink)

Social egalitarianism holds that justice requires that people relate to one another as equals. To explain the content of this requirement, social egalitarians often appeal to the moral equality of persons. This leads to two very different interpretations of social egalitarianism. The first involves the specification of a conception of the moral equality of persons that is distinctive of the social egalitarian view. Social (or relational) egalitarianism can then claim that for people to relate as equals is for (...) the relations between them to conform to this conception of their moral equality. I will argue against this type of view. Instead, I will argue that social egalitarianism should propose a distinctive conception of social equality as a purely sociological phenomenon. I will show how this conception allows us to formulate the types of normative claims social egalitarianism should make. On this picture, social egalitarianism, instead of identifying social hierarchy as a distinctive kind of wrong, makes standard normative claims about a distinctive kind of social phenomenon. (shrink)

This paper proposes that the question “What should I believe?” is to be answered in the same way as the question “What should I do?,” a view I call Equal Treatment. After clarifying the relevant sense of “should,” I point out advantages that Equal Treatment has over both simple and subtle evidentialist alternatives, including versions that distinguish what one should believe from what one should get oneself to believe. I then discuss views on which there is a distinctively epistemic sense (...) of should. Next I reply to an objection which alleges that non-evidential considerations cannot serve as reasons for which one believes. I then situate Equal Treatment in a broader theoretical framework, discussing connections to rationality, justification, knowledge, and theoretical vs. practical reasoning. Finally, I show how Equal Treatment has important implications for a wide variety of issues, including the status of religious belief, philosophical skepticism, racial profiling and gender stereotyping, and certain issues in psychology, such as depressive realism and positive illusions. (shrink)

This paper focuses on Elizabeth Anderson’s application of the epistemological idiom of mētis to the debate over the equal status of indigenous knowledge and scientific knowledge in the academic curriculum. Against the denial of this equal status by critics of indigenous knowledge or science, Anderson defends what one might term a conciliatory view, the view, roughly, that indigenous knowledge meets the criteria of scientific knowledge presupposed by the critics of the equal status of indigenous knowledge and scientific knowledge in the (...) academic curriculum, and it is continuous with agroecological form of mainstream scientific inquiry. I argue that the conciliatory view does not rest substantively on mētis as an epistemological idiom since the view is based on the direct conceptual relation between the notion of indigenous knowledge and the notion of scientific knowledge or inquiry. More importantly, the view amounts to appealing to the critics of the equal status of indigenous knowledge on the terms of those critics and leaves unchallenged those very core assumptions that ground their denial of the equal status of indigenous knowledge in the first place. Building on her fruitful analysis of mētis, I attempt a sketch of an alternative view that vindicates the equal status of indigenous knowledge and scientific knowledge in the academic curriculum, but which avoids those drawbacks. (shrink)

This article presents a fairness principle for evaluating decision-making based on predictions: a decision rule is unfair when the individuals directly impacted by the decisions who are equal with respect to the features that justify inequalities in outcomes do not have the same statistical prospects of being benefited or harmed by them, irrespective of their socially salient morally arbitrary traits. The principle can be used to evaluate prediction-based decision-making from the point of view of a wide range of antecedently specified (...) substantive views about justice in outcome distributions. (shrink)

Louis Pojman and Robert Westmoreland have compiled the best material on the subject of equality, ranging from classical works by Aristotle, Hobbes and Rousseau to contemporary works by John Rawls, Thomas Nagel, Michael Walzer, Harry Frankfurt, Bernard Williams and Robert Nozick; and including such topics as: the concept of equality; equal opportunity; Welfare egalitarianism; resources; equal human rights and complex equality.

Taking equality seriously means that we ought to consider the ways in which persons are not only unfairly advantaged or disadvantaged from the start – e.g., through genetic inheritance, wealth, or a parent’s educational background – but also how opportunities and rewards that result from these basic inequalities are later exacerbated in the distribution of goods and opportunities. The basic point of equality as a normative principle is not that everyone have similar things or achieve similar outcomes, that (...) would be undesirable both for reasons having to do with individual liberty as well as social need. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated (...) unequally, while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

In this book I argue that school integration is not a proxy for educational justice. I demonstrate that the evidence consistently shows the opposite is more typically the case. I then articulate and defend the idea of voluntary separation, which describes the effort to redefine, reclaim and redirect what it means to educate under preexisting conditions of segregation. In doing so, I further demonstrate how voluntary separation is consistent with the liberal democratic requirements of equality and citizenship. The position (...) I defend is not opposed to integration but rather is a justified response to the daily experience of frustration and disappointment with a system that has failed members of marginalized groups for too long. I argue that most voluntary separation experiments in education, far from being motivated by a sense of racial, cultural or religious exclusion, are in fact driven among other things by a desire for a quality education, not to mention community membership and self respect. As such, voluntary separation represents a morally robust pragmatic strategy that is able to answer liberal challenges concerning involuntary stratification, ethnocentrism and democratic deliberation. (shrink)

According to relational egalitarianism, justice requires equal relations. In this paper, I ask the question: can equal relations be unjust according to relational egalitarianism? I argue that while on some conceptions of relational egalitarianism, equal relations cannot be unjust, there are conceptions in which equal relations can be unjust. Surprisingly, whether equal relations can be unjust cuts across the distinction between responsibility-sensitive and non-responsibility-sensitive conceptions of relational egalitarianism. I then show what follows if one accepts a conception in which equal (...) relations can be unjust, including why it provides a reason to grant some people less political power than others. (shrink)

In this introduction, I briefly summarize Sophia Moreau's Faces of Inequality. I situate her monograph within two highly contemporary bodies of literature — relational egalitarianism and discrimination theory — to show how it provides important insights for understanding both what it means to treat others as equals in society and how to define wrongful discrimination. Moreau's work on discrimination is of great relevance for philosophers and socio-legal theorists alike as the commentaries from the symposium contributors demonstrate, including Dale Smith, Pablo (...) Gilabert, Andrea Sangiovanni, Daniel Viehoff, Jessica Eisen, Alysia Blackham, and Iyiola Solanke. (shrink)

Many differences exist between the logical relations “equality” and “equivalence”. In this monograph I point out differences that concern definition, linguistics, computational gates and tables, denotation, application, negation of terms, negation of the relation, relations to other relations, the laws of symmetry, transitivity and reflexivity, the laws of commutation and permutation, the law of tautology, the law of distribution, the law of association, propositional meaning, and “genesis”. I also point out a form of “symmetry breaking”: the negation of some (...) equality may yield some non-equality, while the negation of that non-equality might not yield the same equality. (For full access: use the website link of the title page. -- Copyright License: CC BY-NC-ND. -- DOI: 10.17026/dans-zh3-h2b2 --). (shrink)

Access to education for undocumented migrant children in South Africa remains a significant challenge. While the difficulties related to their inability to access education within the country have been highlighted elsewhere, there remains a lack of clarity on an approach to how this basic human right can be achieved. In this conceptual paper, we draw on the distinction between equality and equity, and describe the various ways in which education has been conceptualised in the South African Constitution – which (...) in part contributes to the existing confusion on education for various groups, including undocumented migrant children. In this paper, we critically reflects on the need to develop an integrated approach for creating a platform that allows all undocumented migrant children access to education in South Africa. We argue that an integrated approach – which entails ways through which access to education can be delivered through the lens of equity – will enhance the right to education for undocumented migrant children in South Africa. We conclude that the South African government must urgently consider this integrated approach to enable access to education for undocumented migrant children, so that they can achieve their full educational potential. (shrink)

Discrimination, understood as differential treatment of individuals on the basis of their respective group memberships, is widely considered to be morally wrong. This moral judgment is backed in many jurisdictions with the passage of equality of opportunity legislation, which aims to ensure that racial, ethnic, religious, sexual, sexual-orientation, disability and other groups are not subjected to discrimination. This chapter explores the conceptual underpinnings of discrimination and equality of opportunity using the tools of analytical moral and political philosophy.

Autonomy, equality and freedom often appear to be significantly interrelated with one another. However, it has been a challenge to unite these concepts. This article attempts to take up the challenge and demonstrate how these interrelate: .

Several democratic theorists have recently sought to vindicate the ideal of equal political power (“political equality”) by tying it to the non-derivative value of egalitarian relationships. This chapter critically discusses such arguments. It clarifies what it takes to vindicate the ideal of political equality, and distinguishes different versions of the relational egalitarian argument for it. Some such arguments appeal to the example of a society without social status inequality (such as caste or class structures); others to personal relationships (...) among equals, like friendship. Each strategy faces problems. After discussing what social status consists in, the chapter argues that social status equality does not require an equal distribution of power, but only that unequal distributions are not justified on grounds incompatible with the citizens’ fundamental equal moral standing. By contrast, personal relationships among equals do require equal power; but establishing that their norms apply to our political community is challenging. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, I (...) believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

ABSTRACT Many of our common-sense moral judgments seemingly imply the existence of moral luck. I attempt to avoid moral luck while retaining most of these judgments. I defend a view on which agents have moral equality of opportunity. This allows us to account for our anti-moral-luck intuitions at less cost than has been previously recognized.

This article demonstrates that authorities cause social problems, including human destructiveness, and suggests that the solution to social issues lies in equal human rights.

In this paper I argue that self-respect constitutes an important value, and further, serves as an important basis for equality. I also argue that under conditions of inequality-producing segregation, voluntary separation in schooling may be more likely to provide the resources necessary for self respect. Accordingly, I defend a prima facie case of voluntary separation for stigmatized minorities when equality – as equal status and treatment – is not an option under either the terms of integration or involuntary (...) segregation. (shrink)

Vardoulakis argues that the concept of equality is determined by the distinction between three different types of equality in Aristotle. He then shows how Spinoza overcomes the Aristotelian conception by determining equality through a notion of differential power.

Justice is about political ideals on how to accommodate differences that are natural among basically heterogeneous human beings. In many ways, justice is remarkably complicated because of the alleged conflict between the demands of equality and the concern that people should have as much liberty available. The author argues in this essay that the ideal of equality and liberty can be reconciled into the liberal ideal of fairness. This compromise view accounts as a justification for coercive institutions and (...) obligations and a tenable basis for a practical definition of rights and justice in general. The author does this by going through the philosophical presuppositions of the different theories of justice. His examination focuses on rendering analytic clarity to the ideal of equality, liberty, and the value of community. (shrink)

Some theorists argue that rather than advocating a principle of educational equality as a component of a theory of justice in education, egalitarians should adopt a principle of educational adequacy. This paper looks at two recent attempts to show that adequacy, not equality, constitutes justice in education. It responds to the criticisms of equality by claiming that they are either unsuccessful or merely show that other values are also important, not that equality is not important. It (...) also argues that a principle of educational adequacy cannot be all there is to justice in education. (shrink)

We live with the legacy of injustice, political as well as personal. Even if our governments are now democratically elected and governed, our societies are scarred by forms of power and privilege accrued from a time in which people’s race, sex, class and religion were grounds for denying them a role in government, or in the selection of those who governed them. What does that past imply for the treatment of religion in democratic states? The problem is particularly pressing once (...) one accepts that religious freedom is not just a matter of individuals’ freedom of conscience and worship, but of people’s claims to associate with others through institutions whose powers, status and commitment to equality are very different (Laborde, 2015). If this means that churches pose some of the same philosophical and practical problems as families, from a democratic perspective, the fact that churches have no obvious point or justification, beyond being the repository of the claims to conscience of their members, appears to distinguish them from the former. In principle, this should make it easier to think about the claims of government, as compared to those of churches. In practice, however, it may simply bring into sharper focus philosophical and political challenges to equality that contemporary democracies now face. (shrink)

Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...) on justice, informed by Hart’s professional knowledge of Plato and Aristotle and the tradition of civilized thought about justice, thought which he sums up like this: “the general principle latent in [the] diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality.” “Hence”, he goes on, “[the] leading precept [of justice] is often formulated as ‘Treat like cases alike’; though we need to add … ‘and treat different cases differently’”. This article will say something about three aspects of this vast topic: (i) about the factual basis and normative grounds of equality; (ii) about the proposed principle of equal concern; and (iii) about laws and social policies that pursue equality by selective prohibition of direct and indirect discrimination, and of harassment or vilification, victimisation and offence. (shrink)

In this paper I would like to suggest that we should distinguish between three levels of education in schools: basic education for all, the cultivation of individual talents and capacities; and the selection for higher education and the job market. On each level egalitarians should in my view demand a different kind of equality and a different kind of metric. Since for the selection for higher education and the job market equality of opportunity seems the approriate metric of (...) justice in education, I turn to an analysis of four different conceptions of equality of opportunity. (shrink)

Severe poverty is a major global problem about risk and inequality. What, if any, is the relationship between equality, fairness and responsibility in an unequal world? I argue for four conclusions. The first is the moral urgency of severe poverty. We have too many global neighbours that exist in a state of emergency and whose suffering is intolerable. The second is that severe poverty is a problem concerning global injustice that is relevant, but not restricted, to questions about responsibility. (...) If none were responsible, this does not eliminate all compelling claims to provide assistance. The third is that severe poverty represents an inequality too far; it is a condition of extremity with denial of basic needs. The fourth is that there is a need for an approach that captures all relevant cases – and the capabilities approach and the connection theory of remedial responsibilities are highlighted as having special promise. (shrink)

The thesis of this essay is that equal opportunity (EO) "strictly dominates" (in the game-theoretic sense) reparations. That is, (1) all the ways reparations would make our world more just would also be achieved under EO; (2) EO would make our world more just in ways reparations cannot; and (3) reparations would create injustices which EO would avoid. Further, (4) EO has important practical advantages over reparations. These include economic efficiency, feasibility, and long-term impact. Supporters of reparations should abandon that (...) ideal to support equal opportunity instead. (shrink)

The 'Why ain'cha rich?' argument for one-boxing in Newcomb's problem allegedly vindicates evidential decision theory and undermines causal decision theory. But there is a good response to the argument on behalf of causal decision theory. I develop this response. Then I pose a new problem and use it to give a new 'Why ain'cha rich?' argument. Unlike the old argument, the new argument targets evidential decision theory. And unlike the old argument, the new argument is sound.

This is an interview by the Erasmus Journal for Philosophy and Economics with Ian Carter. The interview covers Carter's intellectual biography; his extensive writings on the measurement and value of freedom; his reflections on the use of formal methods in philosophical work on freedom and in political philosophy more broadly; his more recent work on basic equality and respect for persons; and, finally, his advice to young scholars.

This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies (...) the reasonable relationship of an alleged statutory classification vis-à-vis the statutory purpose. The Article offers an alternative approach based upon democratic theory. Examples of the two tests and the alternative approach are drawn from judicial constitutional interpretations in the USA and Canada. (shrink)

Traditional outcome-orientated egalitarian principles require access to information about the size of individual holdings. Recent egalitarian political theory has sought to accommodate considerations of responsibility. Such a move may seem problematic, in that a new informational burden is thereby introduced, with no apparent decrease in the existing burden. This article uses a simple model with simulated data to examine the extent to which outcome egalitarianism and responsibility-sensitive egalitarianism (‘luck egalitarianism’) can be accurately applied where information is incomplete or erroneous. It (...) is found that, while outcome egalitarianism tends to be more accurately applied, its advantage is not overwhelming, and in many prima facie plausible circumstances luck egalitarianism would be more accurately applied. This suggests that luck egalitarianism cannot be rejected as utopian. Furthermore, while some argue that, in practice, luck egalitarianism is best realized indirectly, by securing equality of outcome, our evidence suggests that a luck egalitarian rule of regulation offers a far more accurate implementation of the luck egalitarian ideal than does an outcome egalitarian rule of regulation. (shrink)

Luck egalitarians equalize the outcome enjoyed by people who exemplify the same degree of distributive desert by removing the influence of luck. They also try to calibrate differential rewards according to the pattern of distributive desert. This entails that they have to decide upon, among other things, the rate of reward, i.e., a principled way of distributing rewards to groups exercising different degrees of the relevant desert. However, the problem of the choice of reward principle is a relatively and undeservedly (...) neglected issue among luck egalitarians. The main goal of this paper is to highlight the importance and difficulty of this problem, and to elaborate upon G. A. Cohen's community-oriented response to it. In the last section, I provide a taxonomy of distributive pluralism, contrasting Cohen’s view with other (not so genuine) pluralisms - especially with all-things-considered varieties - while trying to motivate readers to adopt the more robust form of pluralism. (shrink)

A possible person’s conditional expected well-being is what the quality of their prospects would be if they were to come into existence. This paper examines the role that this form of expected well-being should play in distributing benefits among prospective people and in deciding who to bring into existence. It argues for a novel egalitarian view on which it is important to ensure equality in people’s life prospects, not merely between actual individuals, but also between all individuals who, given (...) our choices, have a chance of coming into existence. The paper argues that such egalitarianism for prospective people springs from equal concern for each person and has plausible implications. It further shows that it has a rationale in respect for both the unity of the individual and the separateness of persons. Finally, it defends this view against a key objection and shows it is superior to a rival view. (shrink)

The word ‘equality’ often requires disambiguation, which is provided by context or by an explicit modifier. For each sort of magnitude, there is at least one sense of ‘equals’ with its correlated senses of ‘is greater than’ and ‘is less than’. Given any two magnitudes of the same sort—two line segments, two plane figures, two solids, two time intervals, two temperature intervals, two amounts of money in a single currency, and the like—the one equals the other or the one (...) is greater than the other or the one is greater than the other [sc. in appropriate correlated senses of ‘equals’, ‘is greater than’ and ‘is less than’]. In case there are two or more appropriate senses of ‘equals’, the one intended is often indicated by an adverb. For example, one plane figure may be said to be equal in area to another and, in certain cases, one plane figure may be said to be equal in length to another. Each sense of ‘equality’ is tied to a specific domain and is therefore non-logical. Notice that in every cases ‘equality’ is definable in terms of ‘is greater than’ and also in terms of ‘is less than’ both of which are routinely considered domain specific, non-logical. The word ‘identity’ in the logical sense does not require disambiguation. Moreover, it is not correlated ‘is greater than’ and ‘is less than’. If it is not the case that a certain designated triangle is [sc. is identical to] an otherwise designated triangle, it is not necessary for the one to be greater than or less than the other. Moreover, if two magnitudes are equal then a unit of measure can be chosen and, no matter what unit is chosen, each magnitude is the same multiple of the unit that the other is. But identity does not require units. In this regard, congruence is like identity and unlike equality. In arithmetic, the logical concept of identity is coextensive with the arithmetic concept of equality. The logical concept of identity admits of an analytically adequate definition in terms of logical concepts: given any number x and any number y, x is y iff x has every property that y has. The arithmetical concept of equality admits of an analytically adequate definition in terms of arithmetical concepts: given any number x and any number y, x equals y iff x is neither less than nor greater than y. As Aristotle told us and as Frege retold us, just because one relation is coextensive with another is no reason to conclude that they are one. (shrink)

Social inequality may obstruct the generation of knowledge, as the rich and powerful may bring about social acceptance of skewed views that suit their interests. Epistemic equality in the context of justification is a means of preventing such obstruction. Drawing on social epistemology and theories of equality and distributive justice, we provide an account of epistemic equality. We regard participation in, and influence over a knowledge-generating discourse in an epistemic community as a limited good that needs to (...) be justly distributed among putative members of the community. We argue that rather than trying to operationally formulate an exact criterion for distributing this good, epistemic equality may be realized by insisting on active participation of members of three groups in addition to credited experts: relevant disempowered groups, relevant uncredited experts, and relevant stakeholders. Meeting these conditions fulfills the political, moral, and epistemic aims of epistemic equality. (shrink)

A debate about whether all children are entitled to an “equal” or an “adequate” education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on. Equality of educational opportunity has been thought to require equal spending per pupil or spending adjusted to the needs of differently situated children. Adequacy has been understood as a level of spending (...) sufficient to satisfy some absolute, rather than relative, educational threshold. In practice, however, many courts interpreting their state’s constitutional obligations have fused the equality and adequacy theories. Certain federal laws express principles of both doctrines. And gradually, more advocates and scholars have come to endorse hybrid equality-adequacy approaches. Still, the debate persists over seemingly intractable conceptual precepts and their political and legal ramifications. Tracking the philosophical origins and evolution of equality and adequacy as legal doctrines, I explain the significance of their points of convergence and argue that the few points of divergence are untenable in practice. Equality of educational opportunity should not be interpret-ed as pursuing equal chances for educational achievement for all children, because that ideal is infeasible. Nor should educational adequacy be interpreted as completely indifferent to objectionable inequalities that can be feasibly curtailed. Properly conceived, equality and adequacy are not merely congruent but reciprocal. That is, children are owed an education that is adequately equal and equally adequate. (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. (shrink)