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)

Activities protesting against major polluters who cause climate change may cause damage to private property in the process. This paper investigates the case for a more international general basis of moral justification for such protests. Specific reference is made to the Kingsnorth case, which involved a protest by Greenpeace against coal-powered electricity generation in the UK. An appeal is made to Rawlsian fairness arguments, traditionally employed to support the obligation of citizens to their national governments as opposed to (...) their international duties. The argument made here, however, is that there seem to be sufficient reasons for holding that a stable climate is one of the first truly global public goods that is indispensable to acceptable standards of living everywhere. This would suffice to justify international and intergenerational 'atmospheric' political obligations, which in turn may justify protests - even those causing some damage to private property - against the laws and policies that violate the fair terms of cooperation in providing a stable climate. The fairness argument aims also to provide a ground from which Green political theory could integrate accounts of radical forms of citizenship into appeals to state political authority. This leads to justifying acts of civil disobedience on the basis of novel understandings of 'atmospheric' citizenship obligations. (shrink)

Infamously, Rawls assumed a democratic society to be “a complete and closed social system,” in that “entry into it is only by birth and exit from it is only by death.” Since the beginning of the present millennium, however, debates about the ethical issues related to immigration have been prominent. In this context, these methodological departure points seem long outdated, if not simply biased. This paper will rework Rawls’s theory of migration for application to the case of provisional immigrants by (...) reworking its theoretical underpinnings. I will argue that once his assumptions are adjusted, Rawlsian notions of ‘stability’ in conjunction with his idea of a ‘society understood as a fair system of cooperation’ justify inclusive membership regimes. In other words, Rawlsian domestic justice requires inclusive membership regimes for provisional immigrants. (shrink)

In this paper I argue that anyone who accepts a Rawlsian account of justice should favor granting family-based immigration benefit to same-sex couples. I first provide a brief over-view of the most relevant aspects of Rawls's position, Justice as Fairness. I then explain why family-based immigration benefits are an important topic and one that everyone interested in immigration and justice must consider. I then show how same-sex couples are currently systematically excluded from the benefits that flow from family-based (...) immigration rights. Next I argue that people in the constitutional and legislative stages of Rawls's original position would act to protect family-based immigration rights for themselves and show how these rights are rights of the current citizens of a state to bring in certain outsiders and not rights of outsiders seeking to enter. Importantly, this argument takes place entirely within the bounds of Rawls's domestic theory of justice and does not make reference to his more controversial views found in his account of international justice. I then show that there is no acceptable reason to restrict these rights to opposite-sex couples and good reason to extend them to same-sex couples. Finally I consider two objections to my account and show why they do not threaten my conclusion. (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)

The paper examines the epistemological side of the Laclau’s political theory, incorporating tools that aim to convert discourse theory into a rigorous, useful, and valid method for socio-political and critical analysis in social sciences. In the first part, it displays some epistemological assumptions and arguments. The second part analyses some problematic epistemological aspects derived from the arguments. The proposal is based on Laclau’s main texts, complementing the analysis with related tools from critical hermeneutics and existential phenomenology. It is argued that (...) the incorporation of these tools to political discourse analysis contribute to solve some of the methodological and epistemic deficits of the theory of hegemony. El trabajo examina el plano epistemológico de la teoría política de Ernesto Laclau, aportando herramientas que tienen por objeto convertir a la teoría del discurso en un método riguroso, útil y válido para el análisis sociopolítico y crítico en ciencias sociales. En la primera parte, despliega una serie de postulados y presupuestos epistémicos. En la segunda parte, analiza algunos aspectos gnoseológicos problemáticos que se derivan de los postulados. Para desarrollar la propuesta, se toman como base los principales textos de Laclau, complementando el análisis con herramientas afines provenientes de la hermenéutica crítica y la fenomenología existencialista. Se sostiene que la incorporación de estas herramientas al análisis político del discurso contribuye a resolver algunos de los déficits metodológicos y epistémicos que presenta la teoría de la hegemonía. (shrink)

Recently, unrestrained consequentialism has been defended against the charge that it leads to unacceptable trade-offs by showing a tradeoff accepted by many of us is not justified by any of the usual nonconsequenlist arguments. The particular trade-off involves raising the speed limit on the Interstate Highway System. As a society, we seemingly accept a trade-off of lives for convenience. This defense of consequentialism may be a tu quoque, but it does challenge nonconsequentialists to adequately justify a multitude of social decisions. (...) Work by the deontologist Frances Kamm, conjoined with a perspective deployed by several economists on the relation between social costs and lives lost, is relevant. It provides a starting point by justifying decisions which involve trading lives only for other lives. But the perspective also recognizes that using resources in excess of some figure to save a life causes us to forego other live-saving activities, thus causing a net loss of life. Setting a speed limit as low as 35 miles per hour might indeed save some lives, but the loss of productivity due to the increased time spent in travel would cost an even greater number of lives. Therefore, many trade-offs do not simply involve trading lives for some lesser value, but are justified as allowing some to die in order to save a greater number. (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)

This article outlines the structure of a Rawlsian theory of justice in the employment relationship. A focus on this theory is motivated by the role it plays in debates in business ethics. The Rawlsian theory answers three central questions about justice and the workplace. What is the relationship between social justice and justice at work? How should we conceive of the problem of justice in the economic sphere? And, what is justice in the workplace? To see fully what (...) demands justice makes on the workplace, we should first spell out the implications that domestic justice has for working conditions. When this is done, we can develop a conception of workplace justice and investigate what content such local justice should have. John Rawls’s political liberalism was constructed for the specific problem of a just basic structure; in order to apply it to another problem the key theoretical concepts must be revised. Reasons for a specific construction of a local original position are given and arguments are presented in support of a principle of local justice, which takes the form of a choice egalitarian local difference principle. (shrink)

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)

Norman Daniels’s theory of ‘accountability for reasonableness’ is an influential conception of fairness in healthcare resource allocation. Although it is widely thought that this theory provides a consistent extension of John Rawls’s general conception of justice, this paper shows that accountability for reasonableness has important points of contact with both utilitarianism and intuitionism, the main targets of Rawls’s argument. My aim is to demonstrate that its overlap with utilitarianism and intuitionism leaves accountability for reasonableness open to damaging critiques. (...) The important role that utilitarian-like cost-effectiveness calculations are allowed to play in resource allocation processes disregards the separateness of persons and is seriously unfair towards individuals whose interests are sacrificed for the sake of groups. Furthermore, the function played by intuitions in settling frequent value conflicts opens the door for sheer custom and vested interests to steer decision-making. (shrink)

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is justified in (...) leaving it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (shrink)

In this paper, I will argue that Rawls’s duty of assistance offers an incomplete picture of our international social and economic responsibilities. I will start by presenting the two main interpretations of the ‘Rawlsian circumstances of egalitarian distributive justice’ – the first requiring the existence of a ‘certain kind’ of cooperation, the second the existence of a ‘certain kind’ of interaction with the will – and then show that none of them rules out the applicability of international principles of (...) egalitarian distributive justice. My argument will draw on societies’ participation in the World Trade Organisation (WTO). So, in the second section I will show that even though this organization is not endowed with a centralized coercive authority, its participants are asked to accept significant constraints on their behaviour and are therefore owed a special justification for these constraints. I will also suggest that the alleged voluntariness of this organization may not only be contested (especially when developing societies are involved), but may also not be sufficient to rule out requirements of distributive equality. In the third section, I will show that, as any system of cooperation, the WTO gives rise to requirements of fairness and that, given the purpose it claims to serve, not all inequalities that can be traced back to so-called ‘domestic’ factors can be considered justified. More specifically, I will argue that the fairness of the WTO requires that all its participants be given a fair chance of benefiting from global market competitions, and that this is likely to entail significant egalitarian distributive duties among societies. (shrink)

ABSTRACT:This paper re-examines the import of Rawls’s theory of justice for private sector institutions in the face of the decline of the welfare state. The argument is based on a Rawlsian conception of justice as the establishment of a basic structure of society that guarantees a fair distribution of primary goods. We propose that the decline of the welfare state witnessed in Western countries over the past forty years prompts a reassessment of the boundaries of the basic structure (...) in order to include additional corporate institutions. A discussion centered on the primary good of self-respect, but extensible to power and prerogatives as well as income and wealth, examines how the legislator should intervene in private sector institutions to counterbalance any unfairness that results from the decline of the welfare state. (shrink)

La question de ce petit livre est simple : peut-on aller au-delà du constat de crise et d'impuissance dont le philosophe se fait le prophète depuis plus d'un siècle? Peut-on parler de la science sans complexe d'infériorité, de Dieu sans obscurantisme, d'existence sans tomber dans la banalité du café du commerce, de politique sans consacrer le cynisme, de morale sans faire dans le sermon? Bref, la philosophie peut-elle aider à faire comprendre et à dépasser les apories du temps présent qu'elle (...) a fait siennes, comme un malade ressasse sa propre maladie pour se donner le sentiment qu'ainsi il peut la mettre à distance à défaut de la vaincre? Toutes ces questions sont aujourd'hui les nôtres, et il ne faut pas avoir peur de parler des grands problèmes qui agitent les hommes depuis l'aube des temps, car si la philosophie a un sens, c'est bien en ce qu'elle envisage les questions ultimes dans une plus ou moins grande systématicité selon les époques. (shrink)

This paper argues that intellectual property rights are incompatible with Rawls’s principles of justice. This conclusion is based upon an analysis of the social stratification that emerges as a result of the patent mechanism which defines a marginalized group and ensure that its members remain alienated from the rights, benefits, and freedoms afforded by the patent product. This stratification is further complicated, so I argue, by the copyright mechanism that restricts and redistributes those rights already distributed by means of the (...) patent mechanism. I argue that the positions of privilege established through both the patent and the copyright mechanisms are positions that do not “allow the most extensive liberty compatible with a like liberty for all.” They do not “benefit the least advantaged.” Nor are they “open to all under conditions of fair equality of opportunity.” In making this argument I critically assess the utilitarian defense of intellectual property rights and find it insufficient to respond to the injustices manifest in our current arrangement for the protection of intellectual property rights. (shrink)

In this article I examine the importance of self-respect in the justification of Rawls’s theory of justice. First, I present two elements that are part of the contemporary debate on self-respect as a form of self-worth—namely, moral status and merit. Second, I specify the bases that support self-respect within A Theory of Justice. Finally, I discuss at length the function of self-respect in justifying the principles of justice. This inquiry implies an analysis of the relationship between self-respect and the component (...) parts of the two principles of justice: basic liberties, fair equality of opportunity, and the difference principle. I also explore the connection between self-respect and the sense of justice in light of the stability argument, and how the relationship between the two is important for achieving social stability. (shrink)

A common anti-egalitarian argument is that equality is motivated by envy, or the desire to placate envy. In order to avoid this charge, John Rawls explicitly banishes envy from his original position. This article argues that this is an inconsistent and untenable position for Rawls, as he treats envy as if it were a fact of human psychology and believes that principles of justice should be based on such facts. Therefore envy should be known about in the original position. (...) The consequences for Rawlsian theory—both substantive and methodological—are discussed. (shrink)

I claim that the revisions John Rawls made to his theory of justice—as seen in his political conception of justice as fairness in the revised edition of Political Liberalism and Justice as Fairness: A Restatement—result in him being able to secure justice for all persons even in their private lives. Thus, I defend his theory against common communitarian and feminist criticisms, viz the lack of moral community and inability to secure justice for individuals in the private domain. I (...) demonstrate that justice is secured from the categorical requirement that all associational life and moral doctrines must adhere to the constraints of justice, by (what Rawls terms) the indirect application of the first principle of justice. The implications of and necessity for this indirect application are precisely what I interrogate in this thesis. I suggest that this indirect application requires unconditional acknowledgement and internalisation of the values of liberty and equality (political values of the first principle) into all aspects of civil society. I claim that Rawls realised this necessity for the congruence between the moral powers of persons, the spheres of society, and the right and the good and, as such, developed a complementary relation between these three features. Coherence between these three aspects is essential; without coherence, citizens would have a split moral personality, the public and the non-public spheres would be in conflict, and the political values and the moral doctrines of individuals would undermine one another. The significance of this strict coherence is that it can ensure the adequate development of individuals’ capacity for citizenship during the three stages of moral development. This results in citizens being able to form bonds of civic friendship necessary for justice as reciprocity to be realised. Thus, in this thesis, I position my argument against theorists such as Nancy Rosenblum, who argue for a more relaxed congruence between political institutions and civil society, as according to her illiberal forms of associational life can help form the necessary bonds of love and care needed for mutual cooperation in a liberal society. In opposition to this, I claim that strict congruence is necessary; without it, a stable liberal society is not possible as the citizens would not be able to able to respect one another on free, equal, and mutually beneficial terms. I rely on Hochschild’s sociological evidence to demonstrate that civic friendship has not been developed, due to a lack of reciprocity, impacting the negative development of one’s sense of justice. I then illustrate how this lack of reciprocity is amplified by digital and artificial intelligence (AI) technologies. The significance of this thesis is that I claim, firstly, Rawls’s last revisions and works before his death demonstrate that justice is a collective non-comprehensive good that results by constraining individuals’ associational life and their partial comprehensive doctrines to Rawlsian demands of justice. Thus, Rawls takes seriously the feminist and communitarian critiques he received. Secondly, I claim that this interpretation of Rawls’s theory of justice cannot be conceptualised in terms of a binary presentation of the priority of the right versus the good debate and, instead, I argue for a reconceptualisation of the priority of the right versus the good as ranges on a continuum of structural relations between the right and the good. (shrink)

The article introduces the concept of ‘argumentational integrity’ as the basis for developing ethical criteria by which contributions to argumentative discussions can be evaluated; the focus is on the derivation, definition, and specification of the concept. The derivation of the concept starts out from a prescriptive use of ‘argumentation’, entailing in particular the goal of a rational as well as a cooperative solution. In order to make this goal attainable, contributions to argumentative discussions must meet certain conditions. It is assumed (...) that participants are not only intuitively aware of these conditions, but in fact expect of themselves and others that they will not consciously violate the conditions. This assumption leads to the most general definition of the norm of argumentational integrity: Speakers must not knowingly violate the argumentative conditions. On the basis of an empirical study drawing upon classifications of unethical strategies in popular rhetorical texts, the general norm is then specified in the form of 11 ‘standards of fair argumentation’. (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)

According to the fairness argument, same-sex marriage must be permitted because without it there would not be equal treatment for homosexuals and heterosexuals. In, Piers Benn holds that the argument does eventually deliver this conclusion, but not as readily as intuitively appears. He concludes that some conservative points against same-sex marriage achieve at least a stand-off from the point of view of the argument. I argue that he accords the conservative points much more significance than they (...) actually deserve and misconstrues the metaphysical dimension that is an important part of how the fairness argument operates. (shrink)

This article sets out to counteract HM Evans’s “fair’s fair argument” in support of abolishing veto to research participation. Evans’s argument attempts to assimilate ordinary clinical practice to clinical research. I shall refer to this attempt as “assimilation claim”. I shall attempt to show that this assimilation, as it is carried out in Evans’s argument, is misleading and, ultimately, logically undermines the conclusion. I shall then proceed to show that when the fair’s fair argument is proposed (...) independently of the assimilation claim, Evans’s conclusion is not unavoidable and possible alternatives are equally open within the terms of the argument itself. (shrink)

With attention to family relationships, A Genealogy of Social Violence sheds light on the processes by which the traditional nuclear family, through the mimetic behaviour of children, embeds violence into human desires and hence society as whole.Challenging the thought of Girard and of Rawls in order to offer a new understanding of justice, this book suggests that in order to achieve a more peaceful society, what is required is not the self-defeating narrative of equality, developed in order to manage the (...) violence engendered by our social institutions, but a reconceptualisation of the nuclear family structure.A striking critique of modern society, which draws on religion, mythology, literature, history, philosophy and political theory, A Genealogy of Social Violence will be of interest to social and political theorists, as well as philosophers working in the area of contemporary social and European thought. (shrink)

In this paper, I begin by considering a traditional argument according to which it would be unfair to impose sanctions on people for performing actions when they could not do otherwise, and thus that no one who lacks the ability to do otherwise is responsible or blameworthy for his or her actions in an important sense. Interestingly, a parallel argument concluding that people are not responsible or praiseworthy if they lack the ability to do otherwise is not as (...) compelling. Watson, recently, offers in its stead an 'interpersonal' argument that appeals to a distributive notion of unfairness to conclude that praiseworthy actions, too, require the ability to do otherwise. I argue that this argument does not succeed. At this point, it seems that we have support for an asymmetrical treatment of blameworthy and praiseworthy actions. However, I conclude that while such an asymmetrical treatment may ultimately be correct, there is reason to doubt that considerations of fairness of sanction and reward support an asymmetry as well as an appeal to the 'ought-implies-can' principle. (shrink)

This paper presents an intuitive explanation about why and how Rawlsian Theory of Justice (Rawls in A theory of justice, Harvard University Press, Harvard, 1971) provides the foundations to a solution for algorithmic bias. The contribution of the paper is to discuss and show why Rawlsian ideas in their original form (e.g. the veil of ignorance, original position, and allowing inequalities that serve the worst-off) are relevant to operationalize fairness for algorithmic decision making. The paper also explains (...) how this leads to a specific MinMaxfairness solution, which addresses the basic challenges of algorithmic justice. We combine substantive elements of Rawlsian perspective with an intuitive explanation in order to provide accessible and practical insights. The goal is to propose and motivate why and how the MinMaxfairness solution derived from Rawlsian principles overcomes some of the current challenges for algorithmic bias and highlight the benefits provided when compared to other approaches. The paper presents and discusses the solution by building a bridge between the qualitative theoretical aspects and the quantitative technical approach. (shrink)

This paper addresses the fairness of microcredit interest rates. Since microfinance institutions provide credit for the poor at relatively high prices, the fairness of their interest rates has been repeatedly debated. We first apply Rawls' principles of justice to the case of microcredit interest rates and suggest some limitations related to the hypothesis of rationality of the borrowers and the level of inequality. We then suggest another framework based on the analysis of the distribution of the benefits generated (...) by the transaction to assess the fairness of interest rates. We conceptualize this as the distribution of the bargaining range between the borrowers' and the institutions' reservation price and discuss what these reservation prices could be in the context of microfinance. (shrink)

This paper addresses the fairness of microcredit interest rates. Since microfinance institutions provide credit for the poor at relatively high prices, the fairness of their interest rates has been repeatedly debated. We first apply Rawls' principles of justice to the case of microcredit interest rates and suggest some limitations related to the hypothesis of rationality of the borrowers and the level of inequality. We then suggest another framework based on the analysis of the distribution of the benefits generated (...) by the transaction to assess the fairness of interest rates. We conceptualize this as the distribution of the bargaining range between the borrowers' and the institutions' reservation price and discuss what these reservation prices could be in the context of microfinance. (shrink)

Animal rights and vegetarianism for ethical reasons are positions gaining in influence in contemporary American culture. Although I think that certain rights for animals are consistent with and even entailed by the Catholic understanding of morality, vegetarianism is not. There is a plausible argument for an omnivorous diet from a Rawlsian original position. It is in direct contradiction to the Rawlsian-influenced ethical vegetarianism espoused by Mark Rowlands. Vegetarianism is not the moral high ground: ethical vegetarianism is in (...) fact contrary to a position on animals that is fundamentally pro-life. (shrink)

Standard economic theory teaches that trade benefits all countries involved, at least in the long run. While there are other reasons for trade liberalization, this insight, going back to Ricardo's 1817 Principles of Political Economy , continues to underlie international economics. Trade also raises fairness questions. First, suppose A trades with B while parts of A's population are oppressed. Do the oppressed in A have a complaint in fairness against B? Should B cease to trade? Second, suppose because (...) of oppression or lower social standards, A's products are cheaper than B's. Can industries in B legitimately insist that their government take measures to help them compete? The Pauper-Labor Argument makes that case, and many economists enjoy dismissing it in undergraduate classes. Third, suppose A subsidizes its industries. If this lowers world market prices, does B have a fairness complaint against A? Ought countries to consider how trade policies affect others? This article is the first of two, which together develop a view that is meant to serve as a reference point for moral assessments of international trade policies. I develop this view by way of offering affirmative answers to these three questions. Since this discussion is organized around these three questions, the two studies can be read independently of each other. Key Words: the state • World Trade Organization • development • oppression • exploitation. (shrink)

This essay discusses two contributions of the principle of sufficient autonomy to educational justice. In Just Enough, Liam Shields criticizes instrumental accounts of autonomy. According to these accounts, autonomy is valuable insofar as it contributes to well-being. Shields argues that instrumental arguments fail to support mandatory autonomy education in all cases, while his non-instrumental principle of sufficient autonomy does support this. This essay develops a version of the instrumental argument and argues this version can do the work of supporting (...) mandatory autonomy education. Another contribution of the principle of sufficient autonomy is the requirement of talents discovery. According to Shields, the requirement of talents discovery renders Rawls’s principle of fair equality of opportunity more plausible, since one’s chances of accessing a given economic position depend on one’s opportunities to discover one’s innate talents. This essay argues that Rawlsian fair equality of opportunity does not have the same implications as the principle of sufficient autonomy as to which types of talents should be discovered and to what extent. (shrink)

Algorithmic predictions are promising for insurance companies to develop personalized risk models for determining premiums. In this context, issues of fairness, discrimination, and social injustice might arise: Algorithms for estimating the risk based on personal data may be biased towards specific social groups, leading to systematic disadvantages for those groups. Personalized premiums may thus lead to discrimination and social injustice. It is well known from many application fields that such biases occur frequently and naturally when prediction models are applied (...) to people unless special efforts are made to avoid them. Insurance is no exception. In this paper, we provide a thorough analysis of algorithmic fairness in the case of insurance premiums. We ask what “fairness” might mean in this context and how the fairness of a premium system can be measured. For this, we apply the established fairness frameworks of the fair machine learning literature to the case of insurance premiums and show which of the existing fairness criteria can be applied to assess the fairness of insurance premiums. We argue that two of the often-discussed group fairness criteria, independence (also called statistical parity or demographic parity) and separation (also known as equalized odds), are not normatively appropriate for insurance premiums. Instead, we propose the sufficiency criterion (also known as well-calibration) as a morally defensible alternative that allows us to test for systematic biases in premiums towards certain groups based on the risk they bring to the pool. In addition, we clarify the connection between group fairness and different degrees of personalization. Our findings enable insurers to assess the fairness properties of their risk models, helping them avoid reputation damage resulting from potentially unfair and discriminatory premium systems. (shrink)

I assess G. A. Cohen's claim, which is central to his luck egalitarian account of distributive justice, that forcing others to pay for people's expensive indulgence is inegalitarian because it amounts to their exploitation. I argue that the forced subsidy of such indulgence may well be unfair, but any such unfairness fails to ground an egalitarian complaint. I conclude that Cohen's account of distributive justice has a non-egalitarian as well as an egalitarian aspect. Each impulse arises from an underlying commitment (...) to fairness. Cohen's account of distributive justice is therefore one of justice as fairness. (shrink)

Arguments from fairness as described in Aristotle’s _Rhetoric_ are usually taken to aim at mitigating the strictness of the law or, in terms of procedure, to favour the defendant. This paper considers a more inclusive interpretation, that is, that arguments from fairness can work both ways. In the example given in the _Rhetoric,_ arguments from fairness are directed at a restrictive interpretation of the text. That may not be necessary however. Likewise, fairness may speak for the (...) claimant. Two examples may support this conclusion: a judicial speech by Hyperides, and the doctrine of issues appearing in Hellenistic school rhetoric. (shrink)

The fair innings argument maintains that for healthcare resources to be distributed fairly every person should receive sufficient healthcare to provide them with the opportunity to live in good health for a normal span of years. What constitutes a normal span of years is often defined as life expectancy at birth, but this criterion fails to provide adequate grounds for the equal distribution of healthcare across and between generations. A more suitable criterion for the normal life span is the (...) idea that the human life span is biologically limited. Many current gerontological theories argue that the biological limit to human life spans is related to the ageing process. If technological advances in medicine can retard the ageing process by treating and preventing the diseases and disorders associated with it, human longevity will be limited only by the developments in and the successful application of medicine. In consequence, the fair innings argument will no longer be able to justify denying people healthcare resources because they have lived longer than the normal life span. (shrink)

Social movements often impose nontrivial costs on others against their wills. Civil disobedience is no exception. How can social movements in general, and civil disobedience in particular, be justifiable despite this apparent wrong-making feature? We examine an intuitively plausible account—it is fair that everyone should bear the burdens of tackling injustice. We extend this fairness-based argument for civil disobedience to defend some acts of uncivil disobedience. Focusing on uncivil environmental activism—such as ecotage (sabotage with the aim of protecting (...) the environment)—we argue that some acts of uncivil disobedience can be morally superior to their civil counterparts, when and because such acts target people who are responsible for environmental threats. Indeed, insofar as some acts of uncivil disobedience can more accurately target responsible people, they can better satisfy the demands of fairness compared to their civil counterparts. In some circumstances, our argument may require activists to engage in uncivil disobedienceeven whencivil disobedience is available. (shrink)

One common objection to establishing regulated live donor organ markets is that such markets would be exploitative. Perhaps surprisingly, exploitation arguments against organ markets have been widely rejected in the philosophical literature on the subject. It is often argued that concerns about exploitation should be addressed by increasing the price paid to organ sellers, not by banning the trade outright. I argue that this analysis rests on a particular conception of exploitation, and outline two additional ways that the charge of (...) exploitation can be understood. I argue that while increasing payments to organ sellers may mitigate or eliminate fair benefits exploitation, such measures will not necessarily address fair process exploitation or complicity in injustice. I further argue that each of these three forms of wrongdoing is relevant to the ethics of paid living organ donation, as well as the design of public policy more generally. (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)

Childress and colleagues conclude that arguments from distributive justice do not justify discontinuing ECMO over a capacitated patient’s objections (Childress et al. 2023). However, this conclusio...

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core civil (...) liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (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)

In this paper I argue that resource allocation in publicly funded medical systems cannot be done using a purely substantive theory of justice, but must also involve procedural justice. I argue further that procedural justice requires institutions and that these must be “local” in a specific sense which I define. The argument rests on the informational constraints on any non-market method for allocating scarce resources among competing claims of need. However, I resist the identification of this normative account of (...) local justice with the actual approach to local decision-making taken within the UK National Health Service. I illustrate my argument with reference to the case of provision of In Vitro Fertilisation within the UK NHS. (shrink)

In this paper I respond to Robert Taylor's argument that a Rawlsian framework does not support strong affirmative action programs. The paper makes three main arguments. The first disputes Taylor's claim that strong AA would not be needed in ideal conditions. Private racial discrimination, I suggest, might still exist in such conditions, so strong AA might be needed there. The second challenges Taylor's claims that pure procedural justice constrains Rawlsian nonideal theory. I argue that this rests on (...) a fetishizing of pure procedural justice that is absent from Rawls's work. I also show that a revised formulation of Taylor's concern here also fails. My third argument makes a positive Rawlsian case for strong AA in nonideal conditions that builds on a Taylor concession. Taylor suggests that the goal of nonideal theory is to create a world in which ideal theory can be applied. My argument begins by showing that another permissible goal of Rawlsian nonideal theory is to ameliorate injustice. I then argue that Rawls's contractualist framework supports the strongest forms of AA when category 3 interventions are blocked. (shrink)

The debate on the use of performance-enhancing substances or methods to improve refereeing is underdeveloped in the sport philosophical literature. This contrast with the attention scholars have de...

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)

The fair innings argument (FIA) is frequently put forward as a justification for denying elderly patients treatment when they are in competition with younger patients and resources are scarce. In this paper I will examine some arguments that are used to support the FIA. My conclusion will be that they do not stand up to scrutiny and therefore, the FIA should not be used to justify the denial of treatment to elderly patients, or to support rationing of health care (...) by age.There are six issues arising out of the FIA which are to be addressed. First, the implication that there is such a thing as a fair share of life. Second, whether it makes sense to talk of a fair share of resources in the context of health care and the FIA. Third, that 'fairness' is usually only mentioned with regard to the length of a person's life, and not to any other aspect of it. Fourth, if it is sensible to discuss the merits of the FIA without taking account of the 'all other things being equal' argument. Fifth, the difference between what is unfair and what is unfortunate. Finally, that it is tragic if a young person dies, but only unfortunate if an elderly person does. (shrink)

Critics have argued that Rawls's account of self-respect is equivocal. I show, first, that Rawls in fact relies upon an unambiguous notion of self-respect, though he sometimes is unclear as to whether this notion has merely instrumental or also intrinsic value. I show second that Rawls’s main objective in arguing that justice as fairness supports citizens’ self-respect is not, as many have thought, to show that his principles support citizens’ self-respect generally, but to show that his principles counter the (...) effects of the market on lower class citizens’ sense of worth. This discussion establishes that Rawls, in the end, sees self-respect primarily as an intrinsic good. (shrink)

Sports referees are not always as unbiased or impartial as they ideally should be. Studies have shown, for example, that in their decisions, referees seem to be biased against people of different r...