(1977). Rawlsian Contractarianism: Liberal Equality or Inequality? Canadian Journal of Philosophy: Vol. 7, Supplementary Volume 3: New Essays on Contract Theory, pp. 71-94.

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Richard Arneson argues that Fair Equality of Opportunity should be rejected, since it is not only too weak and too strong, but also problematically meritocratic. The paper aims to defend FEO, and argues that it is not too weak, since, pace Arneson, it does apply to the problem of stunted ambition. The argument from meritocracy is shown to be based on a conflation of different senses of meritocracy. Finally, it is shown that FEO, correctly interpreted, gives intuitive answers to (...) the examples put forward to bolster the too strong charge. It is concluded that Arneson’s refutation of FEO fails. (shrink)

We present RAWLSNET, a system for altering Bayesian Network (BN) models to satisfy the Rawlsian principle of fair equality of opportunity (FEO). RAWLSNET's BN models generate aspirational data distributions: data generated to reflect an ideally fair, FEO-satisfying society. FEO states that everyone with the same talent and willingness to use it should have the same chance of achieving advantageous social positions (e.g., employment), regardless of their background circumstances (e.g., socioeconomic status). Satisfying FEO requires alterations to social structures such (...) as school assignments. Our paper describes RAWLSNET, a method which takes as input a BN representation of an FEO application and alters the BN's parameters so as to satisfy FEO when possible, and minimize deviation from FEO otherwise. We also offer guidance for applying RAWLSNET, including on recognizing proper applications of FEO. We demonstrate the use of our system with publicly available data sets. RAWLSNET's altered BNs offer the novel capability of generating aspirational data for FEO-relevant tasks. Aspirational data are free from the biases of real-world data, and thus are useful for recognizing and detecting sources of unfairness in machine learning algorithms besides biased data. (shrink)

Equality of Opportunity is widely thought of as the normative ideal most relevant to the design of educational institutions. One widely discussed interpretation of this ideal is Rawls' principle of Fair Equality of Opportunity. In this paper I argue that theories, like Rawls, that give priority to the achievement of individual autonomy, are committed to giving that same priority to a principle of sufficient opportunity. Thus, the Rawlsian's primary focus when designing educational institutions should be on sufficiency (...) and not equality. The paper then argues this commitment has at least three attractive implications. Firstly, it enables defenders of Fair Equality of Opportunity to overcome Richard Arneson's powerful objections. Secondly, it suggests a revised version of the principle of Fair Equality of Opportunity that is more plausible. Thirdly, it has attractive practical implications for educational provision. (shrink)

Equality of Opportunity is widely thought of as the normative ideal most relevant to the design of educational institutions. One widely discussed interpretation of this ideal is Rawls' principle of Fair Equality of Opportunity. In this paper I argue that theories, like Rawls, that give priority to the achievement of individual autonomy, are committed to giving that same priority to a principle of sufficient opportunity. Thus, the Rawlsian's primary focus when designing educational institutions should be on sufficiency (...) and not equality. The paper then argues this commitment has at least three attractive implications. Firstly, it enables defenders of Fair Equality of Opportunity to overcome Richard Arneson's powerful objections. Secondly, it suggests a revised version of the principle of Fair Equality of Opportunity that is more plausible. Thirdly, it has attractive practical implications for educational provision. (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 article argues that Rawlsian liberal political institutions are incapable of ensuring that the basic welfare needs of the worst off are met. This argument consists of two steps. First, I show that institutions are incapable of ensuring that the basic needs of the worst off are met without pursuing certain non-taxation-based courses of action that are designed to alter the work choices of citizens. Second, I argue that such actions are not permissible for Rawlsian institutions. It follows (...) that a state governed by a Rawls-type political conception of justice is parasitic on the willingness of citizens to be sufficiently motivated by concern for the worst off, but it cannot require or even encourage them to be so motivated. (shrink)

One Rawlsian response to G. A. Cohen’s criticisms of justice as fairness which Cohen canvasses, and then dismisses, is the 'Freedom Objection'. It comes in two versions. The 'First Version' asserts that there is an unresolved trilemma among the three principles of equality, Pareto-optimality, and freedom of occupational choice, while the 'Second Version' imputes to Rawls’s theory a concern to protect occupational freedom over equality of condition. This article is mainly concerned with advancing three claims. First, the (...) 'ethical solution' Cohen advances against the First Version of the Freedom Objection does not grant a fair hearing to the Freedom Objection. Second, the distinction Cohen presses between the legal and moral right of occupational choice in his response to the Second Version cannot save him from worries about Stalinist coercion. Third, Cohen’s response to the First Version of the Freedom Objection is actually in tension with his response to the Second Version of the Freedom Objection. (shrink)

This is a three-part study and defense of the idea of basic human equality. (This is the idea that humans are basically one another's equals, as opposed to more derivative theories of the dimensions in which we ought to be equal or the particular implications that equality might have for public policy.) Part (1) of the paper examines the very idea of basic equality and it tries to elucidate it by considering what an opponent of basic human (...) equality (e.g. a philosophical racist) might hold. It explores the idea of there being no morally significant fundamental divisions among humans (of the kind that some people insist on as between humans and others animals). Part (2) considers whether basic human equality must be based on some descriptive similarity among us (naturalistic or metaphysical); it considers the positions of a number of thinkers who have denied this. Part (3) considers John Rawls's conception of basic equality in terms of range properties. (Being in Ohio is a range property; Columbus and Cincinnati are both equally in Ohio even though even though Columbus is in the center of the state, while Cincinnati is just over the river from Kentucky.) It explores the application of this Rawlsian idea to the descriptive properties that might be thought relevant to human equality. This three part paper is a rather technical philosophical exploration. And it is just a beginning; we need much more work on the idea of basic equality. Some of the energy that has gone into discussions of equality as a policy aim (e.g. in the Dworkin/Sen literature or in the literature surrounding Rawls's Difference Principle) needs to be devoted to this more fundamental conception. (shrink)

The ideas of philosopher John Rawls should be appropriated for the information age. A literature review identifies previous contributions in fields such as communication and library and information science. The article postulates the following neo-Rawlsian propositions as co-ordinates for the development of a normative theory of the information society: that political philosophy should be incorporated into information society studies; that social and technological circumstances define the limits of progressive politics; that the right is prior to the good in social (...) morality; that the nation state should remain in sharp focus, despite globalization; that liberty, the first principle of social justice, requires updating to deal with the growth of surveillance and other challenges; that social wellbeing is a function of equal opportunities plus limited inequalities of outcome, in information as well as material resources; and that political stability depends upon an overlapping consensus accommodating both religion and secularism. Although incomplete, such co-ordinates can help to guide policy-makers in the twenty-first century. (shrink)

This paper supports the personal data platform cooperative as a means of bringing about John Rawls’s favoured institutional realisation of a just society, the property-owning democracy. It describes personal data platform cooperatives and applies Rawls’s political philosophy to analyse the institutional forms of a just society in relation to the economic power deriving from aggregating personal data. It argues that a society involving a significant number of personal data platform cooperatives will be more suitable to realising Rawls’s principle of fair (...) equality of opportunity. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms of formal equality (...) of opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

Some of us were introduced to political philosophy as an activity of identifying, criticising, and revising the moral basis of existing social institutions. We asked questions about the nature of the good or the just society, and some few of us thought that once we knew and advocated the truth, it would win out. We, or some appropriate revolutionary or reforming group or class, would with reason, truth, and history on our side, bring about the society of our ideals. When (...) we first read John Rawls's A Theory of Justice we read it as continuing the traditional tasks of political philosophy. Justice as Fairness was a moral theory which addressed a political subject matter. From the moral point of view it told us what any just society aiming to realise the values of liberty and equality would be like. This comported nicely with liberal cosmopolitanism, and also with more widely shared philosophical views that the task of political philosophy is to construct a vision of an ideal society, perhaps more sensitive to justice in implementation than would be required in pre-modern, pre-democratic societies, but nevertheless an ideal which in the long run we would hope to see all societies converge on. That kind of liberalism gave those of us who think that Rawlsian justice is the right or true justice a license to go on the offensive in promoting liberal ideals and practices in our own society, and, at the very least, a critical vantage point from which to judge other societies. (shrink)

Are intellectual property rights for talented people justified by Rawls’ criteria of justice? In this paper, I argue that Rawls’ theory of justice is ill-equipped to answer this question. Tailored for rival goods and, as a result, centred on the distribution of benefits, it tends to restate questions of justice about unequal rights as questions about economic inequalities. Therefore, it lacks the tools necessary to distinguish among different forms of incentives for talented people. Once social and economic inequalities observe (...) class='Hi'>equality of opportunity and improve the least advantaged, the theory is indifferent as to whether talented people are allowed to compete for monopoly rights or for direct financial reward. (shrink)

Participation trophies in youth sports have become controversial in the so-called “culture wars” of recent years in Western countries. Conservative professional athletes and media pundits deride participation trophies, as they perceive them as akin to equality of outcome and Communist ideology. However, this is a mischaracterization of participation trophies, as liberalism can also provide a philosophical basis for a defense of these trophies. In this article, I rely on John Rawls’ contractual theory to build a defense of participation trophies. (...) These prizes can serve as educational resources to teach young athletes about the dignity of losers in sports, and the need for taxation in order to sustain a safety net in society at large. (shrink)

This paper considers whether Rawls' theory of justice as fairness may be used to justify a human right to health care. Though Rawls himself does not discuss health care, other writers have applied Rawls' theory to the provision of health care. Ronald Green argues that contractors in the original position would establish a basic right to health care. Green's proposal, however, requires considerable relaxation of the constraints Rawls places on the original position and thus jeopardizes Rawls' arguments for the two (...) principles of justice. Norman Daniels claims that health care is best understood as a means for helping to achieve Rawls' goal of equality of fair opportunity. Daniels acknowledges, however, that his interpretation cannot justify a basic right to health care; rather, it would at best require that certain kinds of care be made available to certain kinds of individuals. Finally, in place of the notion of health care is a human right, it is suggested that the provision of health care is a social ideal which may inspire the creation of specific legal rights. On this view, social provision of health care may properly vary significantly from culture to culture. Despite this variability, social systems may still be criticized on moral grounds. Keywords: justice, right to health care, equality, fair opportunity. (shrink)

John Rawls's repeated assertions that the basic structure of society creates profound and inevitable differences in life prospects for people born in different starting places seems to contradict his assertions that, under fair equality of opportunity, a person's life prospects would not be affected by class of origin for those similarly endowed and motivated. This seeming contradiction seems to be resolved by Rawls's apparent belief that class of origin inevitably affects motivation. This reconciliation leaves us with a very weak (...) conception of "fair equality of opportunity." Should Rawls have advocated something stronger? Within the constraints of his theory of justice nothing stronger seems possible. Still, his theory harbors highly implausible sociological assumptions. A more plausible sociology requires us to reject distributive justice in favor of contributive justice. (shrink)

Technological and societal changes have made downward social and economic mobility a pressing issue in real-world politics. This article argues that a Rawlsian society would not provide any special protection against downward mobility, and would act rightly in declining to provide such protection. Special treatment for the downwardly mobile can be grounded neither in Rawls’s core principles—the basic liberties, fair equality of opportunity, and the difference principle—nor in other aspects of Rawls’s theory. Instead, a Rawlsian society is (...) willing to sacrifice particular individuals’ ambitions and plans for the achievement of justice, and offers those who lose out from justified change no special solicitude over and above the general solicitude extended to all. Rather than guaranteeing the maintenance of any particular individual or group’s economic position, it provides all of its members—the upwardly mobile, the downwardly mobile, and the immobile—a form of security that is at once more generous and more limited: that they will receive the liberties, opportunities, and resources promised by the principles of justice. (shrink)

Equality and Liberty: Analysing Rawls and Nozick is an indispensable source for those seriously interested in some rigorous assessments of the ideas of America's two most popular political philosophers. The essays in this volume cover a wide range of topics, some engaging each other in their analyses of particular Rawlsian or Nozickian themes. This collection of recent essays brings the student up-to-date concerning some of the more recent developments and assessments of Rawlsian and Nozickian ideas.

In The Imaginary Domain, Drucilla Cornell argues that law would best help women by guaranteeing "minimum conditions for individuation" for all citizens (1995, 4). Cornell believes that, as a guiding idea for law and economic institutions, the liberal social contract has not so much denied women equal protection as a group as it has arbitrarily given a negative meaning to sexual difference—including but not limited to female embodiment. In Deleuzian terms, this contract is a generative Idea encoding a discourse in (...) which women's life possibilities are more general and less singular than those of other citizens.Cornell agrees with Rawls that a polity should be grounded on principles to which all individuals could .. (shrink)

How should liberal societies respond to nonliberal ones? In this paper I examine John Rawls’s conception of international toleration against what is sometimes called a cosmopolitan one. Rawls holds that a just international order should recognize certain nonliberal societies, to which he refers as decent peoples, as equal members in good standing in a just society of peoples. It would be a violation of liberalism’s own principle of toleration to deny the international legitimacy of decent peoples who, among other things, (...) affirm human rights and accept peaceful coexistence with other societies. According to the cosmopolitan idea of international toleration, on the contrary, only societies that are liberal in character meet the criteria for toleration. I suggest that, against the Rawlsian conception of international toleration, the cosmopolitan idea is more consistent with the fundamentals of liberal political morality. I then clarify the ways in which cosmopolitan toleration is not worryingly interventionist even as it is not altogether toothless; and I end with some reflections on why cosmopolitism is not morally imperialistic. (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)

In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting the fourth (...) ‐‐ the demand for social and economic democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks socialism as the preferablesocioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then significantly elaborate my second version of Rawls’s theory of social justice which is composed of the following principles arranged in a very strong order of priority : Basic Rights Principle, Equal Basic Liberties Principle, Fair Equality of Opportunity Principle, Modified Difference Principle, and Social and Economic DemocracyPrinciple. I argue that this elaborated version of the theory – which I call “Justice as Fair Rights” – is better than either Rawls’s original theory or my previous versions of it. (shrink)

Mark Rowlands defends a Rawlsian argument for animal rights, according to which animals have rights because we would assign them rights when deciding on the principles of morality from behind a veil of ignorance. Rowlands’s argument depends on a non-standard interpretation of the veil of ignorance, according to which we cannot know whether we are human or non-human on the other side of the veil. Rowlands claims that his interpretation of the veil is more consistent with a core commitment (...) of Rawlsian justice—the intuitive equality principle—than either Rawls or his critics realize. Here I argue that Rawls is not committed to the intuitive equality principle, as Rowlands articulates it, and hence Rowlands’s argument is in fact only superficially Rawlsian. Furthermore, Rowlands’s intuitive equality principle is dubious on its own terms, and thus a poor principle on which to base a case for animal rights. (shrink)

This chapter discusses how order ethics relates to the theory of justice. We focus on John Rawls's influential conception "Justice as Fairness" (JF) and compare its components with relevant aspects of the order-ethical approach. The two theories, we argue, are surprisingly compatible in various respects. We also analyse how far order ethicists disagree with Rawls and why. The main source of disagreement that we identify lies in a thesis that is central to the order ethical system, viz. the requirement of (...) incentive-compatible implementability. It purports that an ethical norm can be normatively valid only if individuals have a self-interested motive to support it. This idea conflicts with the Rawlsian view because there are cases where it is not clear, from the standpoint of self-interest, why everybody should support its moral demands. If the thesis of incentive-compatible implementability is, in fact, correct, a proponent of JF would have to reform her views. We suggest how she could do that while salvaging the heart of her normative system as a “regulative idea”. The conception that would result from this reformation may be seen as a new variant of order ethics, which we propose to call “Rawlsian Order Ethics”. (shrink)

The nature of basic equality (what it is that makes us all equals) can have implications not only for the question of the currency of egalitarian justice but also for that of its . The latter question is raised by G. A. Cohen in his critique of John Rawls's theory of justice. In this paper I argue that Rawlsian liberals might provide an answer to Cohen's critique by establishing two distinct kinds of basic equality, thus providing a (...) of basic equality. A first kind of basic equality gains moral relevance in the context of respectful relations between individuals, and establishes egalitarian duties between them. A second kind of basic equality gains moral relevance in the context of respectful relations between the state and individual citizens, and establishes egalitarian duties of the state toward citizens. The strength of Cohen's critique depends, in part, on the fact that Rawls identified only one kind of basic equality while at the same time wishing to defend a dualist account of individual and state duties. (shrink)

In this short essay, I respond to Brian Leiter’s Why Tolerate Religion. I focus on two criticisms. First, I argue that Leiter’s own theory depends on an unacknowledged ideal of equality, and that equality is central to the utilitarian and Rawlsian bases for religious toleration that he draws upon in his book. Second, I argue against Leiter’s allowing, in certain circumstances, the state to establish religion and to promote religious conceptions of the good.

In recent work, Norman Daniels extends the application of Rawls's principle of ‘fair equality of opportunity’ from health care to health proper. Crucial to that account is the view that health care, and now also health, is special. Daniels also claims that a rival theory of distributive justice, namely luck egalitarianism (or ‘equal opportunity for welfare’), cannot provide an adequate account of justice in health and health care. He argues that the application of that theory to health policy would (...) result in an account that is, in a sense, too narrow, for it denies treatment to imprudent patients (e.g. lung cancer patients who smoked). In a different sense, Daniels argues, luck egalitarian health policy would be too wide: it arguably tells us to treat individuals for such brute-luck conditions as shyness, stupidity, ugliness, and having the ‘wrong’ skin colour. I seek to advance three claims in response to Daniels's revised theory, and in defence of a luck egalitarian view of health policy. First, I question Daniels's assertion regarding the specialness of health. While he is right to abandon his insistence on the specialness of health care, it is doubtful that health proper can be depicted as special. Second, I try and meet Daniels's objections to luck egalitarianism. Luck egalitarian health policy escapes being too narrow for it does not in fact require denying basic care to imprudent patients. As for it being allegedly too wide, I try to show that it is not, after all, counterintuitive to rid individuals of unfortunate and disadvantageous biological traits (say, a disadvantageous skin colour). And third, I question whether Daniels's own Rawlsian account is in fact wide enough. I argue that fair equality of opportunity fails to justify some standard medical procedures that many health systems do already practice. (shrink)

By fundamental equality is meant the idea of the equal worth of human beings understood as a constitutive principle of morality. The paper is concerned with how this principle may be justified. Attempts to justify it in an objectivist way by citing some quality of human beings in virtue of which they are supposed to be of equal worth are rejected. Such approaches in fact justify inequality to the extent that some people possess the quality to a greater degree (...) than others. The endeavour to avoid this trap, by attributing an inherent worth to each individual by virtue of their possession of the quality, succeeds only in generating a deep tension between the absolute principle of inherent worth and the relative principle of equal worth which the absolute principle is supposed to justify. The idea that the relation of equality as such is inherently valuable independently of any other consideration is also rejected. The paper then adopts a subjectivist view of equality grounded in an antirealist perspective on value. The argument for equality follows a Rawlsian contractarian procedure but not the Rawlsians' simple assumption of equality. Equality is shown to offer a stable principle of co-operation and so is more advantageous to the subjectivist contractors than the only alternative – to each according to his relative bargaining power. However, the appeal to advantage is necessary but not sufficient. An existential commitment to co-operate on the basis of mutual respect as equals is also required. (shrink)

In this paper I describe how Kant’s idea about the impossibility of moral luck has come to influence, via Rawls, recent writings in egalitarian theory. I argue that this influence has been detrimental for the study of equality. Further, I claim that the major deficiencies of this post-Rawlsian egalitarianism (nicely described by Elizabeth Anderson’s title “luck egalitarianism) are both effectively critiqued and corrected by the understanding of equality and its value located in John Dewey’s writings.

Property-owning democracies combine the regulative and redistributive functions of the welfare state with the governmental aim of ensuring that wealth and capital are widely dispersed. John Rawls, political philosophy’s most famous property-owning democrat, argued that property-owning democracy was one of two regime types that best realized his two principles of justice, though he was notoriously vague about how a property-owning democracy’s institutions are meant to realize his principles. To compensate for this deficiency, a number of Rawlsian political philosophers have (...) tried to add institutional and policy content to the idea. While their efforts have advanced the discussion, few have criticized the soundness of these attempts. This article attempts to fill the void. I claim that, in comparison to welfare-state capitalism, property-owning democracy is both prohibitively impractical and unjust on Rawlsian grounds. I first argue that property-owning democracy is economically ineffective. Even granting the assumptions of Rawlsian ideal theory, property-owning democracies generate bad incentives and face severe information problems in comparison to more market-friendly welfare states. Further, in nonideal theory the motivations of political officials and citizens will likely be corrupted by the temptation to abuse the awesome state power at their disposal. Second, I argue that property-owning democracy is unjust relative to welfare-state capitalism. The three principles used to defend property-owning democracy—the difference principle, the principle of fair equality of opportunity and the “political liberty” proviso—do not vindicate property-owning democracy and may even prohibit it. Welfare-state capitalism does much better. (shrink)

In this comment a challenge Kerr’s claim that a coherent expression of a ‘liberalism of freedom’ needs an extended first Rawlsian principle of justice incorporating the principle of fair equality of opportunity for two reasons. First, such an extended first principle leads to illiberal consequences by narrowing down the scope of individual responsibility for choice and effort way too much. Second, such an extended first principle misses a main Rawlsian insight, namely that in a theory of justice (...) the principle securing basic liberties and the principle of fair equality of opportunity serve different purposes. (shrink)

Maria Morales’s striking and thought-provoking argument in Perfect Equality is that John Stuart Mill’s egalitarianism unifies his practical philosophy and that this element of his thought has been neglected in recent revisionary scholarship. Placing Mill’s arguments for the substantive value of “perfect equality” in The Subjection of Women at the center of her analysis, Morales develops a distinctive interpretation of Mill as an egalitarian liberal. Morales also aims to counter many recent communitarian critiques of liberalism as founded upon (...) a conception of the self as atomistic and individualistic. Like other Mill scholars, Morales sees Mill’s liberalism as an appealing alternative to the dominant Rawlsian theory, and she offers Mill’s approach as a response to “the still popular view that liberalism is structurally incompatible with a rich conception of the human good, particularly with a substantive commitment to equality”. Mill’s theory is not “doggedly individualistic,” and it rejects the model of liberal social life as atomistic and abstract. The well-constituted communities of the title are based upon “sympathetic, cooperative, and egalitarian values”. (shrink)

In this paper we introduce the overlapping design consensus for the construction of models in design and the related value judgments. The overlapping design consensus is inspired by Rawls’ overlapping consensus. The overlapping design consensus is a well-informed, mutual agreement among all stakeholders based on fairness. Fairness is respected if all stakeholders’ interests are given due and equal attention. For reaching such fair agreement, we apply Rawls’ original position and reflective equilibrium to modeling. We argue that by striving for the (...) original position, stakeholders expel invalid arguments, hierarchies, unwarranted beliefs, and bargaining effects from influencing the consensus. The reflective equilibrium requires that stakeholders’ beliefs cohere with the final agreement and its justification. Therefore, the overlapping design consensus is not only an agreement to decisions, as most other stakeholder approaches, it is also an agreement to their justification and that this justification is consistent with each stakeholders’ beliefs. For supporting fairness, we argue that fairness qualifies as a maxim in modeling. We furthermore distinguish values embedded in a model from values that are implied by its context of application. Finally, we conclude that for reaching an overlapping design consensus communication about properties of and values related to a model is required. (shrink)

For over a decade I have been arguing that Deweyan democracy fails an intuitive test for political legitimacy.1 According to this test, a political order can be legitimate only if the principles underlying its most fundamental institutions are insusceptible to reasonable rejection. Crucially, reasonable functions here as a technical term; a principle is reasonably rejectable when its rejection is consistent with embracing the ideal of a constitutional democracy as a fair system of social cooperation among free and equal moral persons. (...) From this emerges the corollary that a person is reasonable to the extent she seeks a political order whose basis is beyond reasonable rejection. The challenge for democratic theory... (shrink)

There is at present a divide in the geographical literature between those interested in distributive justice as a social value and those who seek to implement distributive plans on the basis of efficiency of resource use. The former are 'social geographers' interested in equity as a social value, and the latter are 'practical' economic and locational geographers. This divide mirrors one existing elsewhere in social science between Rawlsian liberalism and utilitarian planners. Here we argue that equality and efficiency (...) are related values that cannot be separated easily in the analysis of practical problems. Data on the distribution of transplantable human organs are considered in a practical consideration of this approach. The case-study suggests that inequality of distribution appears to effect adversely the general organ supply. Stated positively, the data suggest that, to the extent that equality of service is an objective, that goal may positively impact on organ supply. More generally, the conclusion argues for a conjoining of theoretical and practical geographical approaches where a scarce resource must be allocated across a dispersed population. (shrink)

Ronald Dworkin’s Justice for Hedgehogs defends liberal political morality on the basis of a rich account of dignity as constitutive of living well. This article raises the Rawlsian concern that making political morality dependent on ethics threatens citizens’ political autonomy. Thereafter, it addresses whether the abandonment of ethical foundations signals the demise of Dworkin’s liberalism and explores the possibility of laundering his conception so as to facilitate a marriage between the political philosophies of Rawls and Dworkin. The article finishes (...) by rebutting some objections Dworkin raises against Rawls’s account of public reason. (shrink)

This paper examines constitutional issues concerning same-sex marriage. Although same-sex relations concern broader ethical issues as well, I set these aside to concentrate primarily on legal questions of privacy rights and equal protection. While sexual orientation is neither a suspect classification like race, nor a quasi classification like gender, there are strong reasons why it should trigger heightened scrutiny of legislation using sexuality as a standard of classification. In what follows, I argue that equal-protection doctrine is better suited for including (...) same-sex couples where legal benefits and burdens of marriage are at stake. (1) I reconstruct arguments from privacy and the controversial ruling of Bowers v. Hardwick but discount this strategy for problematic legal reasons. (2) In order for equal protection to apply, sexual orientation must meet the criteria of suspect classification that the Court has established. (3) Since sexual orientation meets these criteria, heightened scrutiny should be applied to such legislation on equal-protection grounds. (4) Finally, I rely on some familiar Rawlsian arguments of public justification that demonstrate why this extension of marriage rights is consistent with basic constitutional principles. (shrink)

Contemporary political theories have made significant progress toward identifying the principles for an egalitarian society. From this perspective, Edward Bellamy's radical and pluralistic egalitarianism can be read not only as a relevant precedent but as a source of sophisticated arguments capable of enriching current debates. Although unfairly overlooked as theoretical works, Bellamy's utopias can be read today as offering insights that bring together and combine key modern ideals of liberty, equality, and fraternity. Therefore, this article argues that Bellamy's conception (...) of equality involves several dimensions and functions as a background condition for effective freedoms; that these liberties are not at odds with voluntary equality; and that fraternity—understood in Rawlsian terms—makes sense in a free and equal soci- ety, as it is guaranteed both by institutional means and by personal decisions. (shrink)

This essay reviews G.A. Cohen’s final major work, Rescuing Justice and Equality. In the book, Cohen challenges the Rawlsian account of the content and the concept of justice. This essay offers a summary of Cohen’s main arguments, and develops objections to several of those arguments, particularly Cohen’s claim that his proposed egalitarian ethos is not vulnerable to a well-known trilemma (liberty, equality, efficiency) that might be pressed against it. The essay’s final section offers critical reflections on the (...) important differences between Cohen’s and Rawls’s views about the nature of justice, and suggests that Cohen’s view may not be helpful if we believe justice is a complex value that includes considerations other than distributive equality. (shrink)

In this comment I challenge Kerr’s claim that a coherent expression of a ‘liberalism of freedom’ needs an extended first Rawlsian principle of justice incorporating the principle of fair equality of opportunity for two reasons. First, such an extended first principle leads to illiberal consequences by narrowing down the scope of individual responsibility for choice and effort way too much. Second, such an extended first principle misses a main Rawlsian insight, namely that in a theory of justice (...) the principle securing basic liberties and the principle of fair equality of opportunity serve different purposes. (shrink)