Equality, Misc

The good of those who are worse off matters more to the overall good than the good of those who are better off does. But being worse off than one’s fellows is not itself bad; nor is inequality itself bad; nor do differences in well-being matter more when well-being is lower in an absolute sense. Instead, the good of the relatively worse-off weighs more heavily in the overall good than the good of the relatively better-off does, in virtue of the (...) fact that they are relatively worse off. This paper articulates and defends the view just described. [keywords: inequality, utilitarianism, egalitarianism, prioritarianism, aggregation]. (shrink)

The question of the basis of human equality has recently gained increasing attention. However, much of the literature has focused on whether persons—understood as fully competent adults—have equal moral status, while relatively less attention has been devoted to the analysis of what grounds the equal moral status of those human beings who are not fully competent adults. This paper contributes to this debate by addressing the question of the equality of moral status between adults and children. Specifically, this paper has (...) three aims. First, it provides a conceptual map of this complex issue. Second, it argues that the challenges that have been raised against standard accounts of persons’ equal moral status are even more forceful when applied to the question of adults and children’s moral equality. Finally, it examines what a commitment to adults and children’s moral inequality entails and what it does not, thereby showing that the justificatory role of the principle of moral equality is not as far-reaching as commonly assumed. (shrink)

European Journal of Political Theory, Ahead of Print.

This volume features new approaches to social contract theory. Whereas traditional social contract theories and their adaptations in the 20th century were developed for fairly homogeneous societies, societies in the 21st century often are characterized by conflicting first-order directives that stem from deep moral, political, religious, and cultural diversity. To address such diversity and the complexities of contemporary societies, new approaches (including formal approaches) to social contract theory have emerged that re-envision the social contract for a fragmented and sometimes polarized, (...) yet interdependent, social world. New social contract theory explores how, in a world of continuous disagreement on questions of justice, in particular the ideals of liberty and equality, society not only can progress, but also flourish and become more robust and open in its social fabric. This volume brings together, for the first time, defenders and discussants of new social contract theory. It includes contributions by eminent and emerging scholars in this field. The volume clarifies the distinct features of new social contract theory and provides a valuable starting point for discussion of this novel movement in social contract theory. (shrink)

In ‘What’s Wrong with Colonialism,’ Lea Ypi argues that the wrong of colonialism can be expressed as procedural wrongs, not as wronging territorial rights. On her view, colonial practices went wrong in two ways: they forced residents into political associations, and the terms of the political association were not established through equal and reciprocal negotiations. I argue that because Ypi’s account successfully side-lines all but essential claims to territory, her theory ends up being vulnerable to an objection it means to (...) avoid. Historical residents may be subject to unequal treatment under newly formed political associations because their historical patterns of land use are not considered to have any independent moral weight. My analysis does not rely on any appeal to property or territorial rights. Instead, I appeal to pre-existing obligations holding between residents. (shrink)

Policy debates surrounding poverty and inequality often focus on practical solutions and seldom explore the normative underpinning that would justify our concerns with these phenomena. Why should we care about poverty, or about inequality? From a philosophical standpoint, can we separate the two, such that it is possible to be deeply concerned about poverty but unconcerned about inequalities? Do our reasons for caring about one contrast with our reasons for caring about the other? While there is a growing empirical literature (...) exploring the mechanisms connecting the two, the philosophical literature has seldom focused on their relationship. Firstly, this paper provides a clear map of the philosophical debate, clarifying the normative assumptions that underlie positions conceptually prioritizing inequality and poverty respectively. Secondly, the paper suggests ‘a pluralist approach’, that stresses the overlap of our normative concerns with poverty and inequality and highlights parallel problems that restrictive interpretations of these concepts face, pointing to the importance of considering broader phenomena and processes (such as deprivation and exclusion) that illuminate the relationship between the two. (shrink)

Proposals of distributive justice in childhood education are mainly divided in two camps: educational adequacy and educational equality. This paper shows that the compelling insights of both camps are complementary. I begin by distinguishing two kinds of views of educational adequacy. One identifies the thresholds of adequate education with essential capacities to be autonomous (John White) and to participate in public deliberation (Amy Gutmann). I defend the priority of these thresholds, but also their compatibility with other principles of justice that (...) regulate educational inequalities above the thresholds. Another kind of adequacy view is posed by Elizabeth Anderson and Debra Satz. In their view, a just distribution of educational resources derives from the demands of relational equality. An adequate education should develop social, political, and civic equal relationships among children, and the adult citizens that they will become. The other camp of proposals of distributive justice in childhood education is educational equality. Its defenders, like Harry Brighouse and Colin Macleod, identify two prima facie reasons to offset inequalities in educational resources among children. I argue that these reasons are compatible with educational adequacy views. My central claim is that all-things-considered proposals of educational justice should contain the compelling insights of both camps. (shrink)

Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...) as essentially coercive and, in justifying state coercion, he adopts a narrow conception of political freedom that formally preserves the right to choose while denying that the range of choices one actually has can be a matter of justice. As a result, Kant cannot identify various forms of social pressure as potential injustices even as he recognizes their power to create and sustain troubling inequalities. For both Kant and the neoliberals, the result is that economic relations almost never count as unjust forms of coercion, no matter how unequal they are. Views that identify coercion as the trigger for duties of justice are thus particularly ill-suited to orient us to contemporary inequality. (shrink)

In this chapter we argue that poverty should be seen as a violation of dignity, drawing on two of Kant’s formulations of the Categorical Imperative – the formula of humanity and the formula of the kingdom of ends. In our view, poverty should not be seen primarily in terms of exploitation, nor of failures to help people in need. A Kantian perspective should give proper weight to the actual and potential agency of those who suffer poverty. This is a question (...) about power, not just the distribution of material resources. Theoretically, we will place particular emphasis on the rarely remarked reference to “ends and means” in the formula of the kingdom of ends. People are sometimes treated merely as means, which is one sort of disrespect for their equal moral status. Another form of disrespect, deeper and more general in form, is the denial of decent opportunities to act as means for others. The resulting powerlessness, we suggest, should be central to an adequate understanding of poverty and its violations of dignity. (shrink)

The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...) the paper, I draw conclusions about what liberals should tolerate outside their state that I believe follow from the proffered definitions and principles. I limit myself to interference aimed at providing humanitarian aid, but do so in a way that is meant to provide resources for thinking about other sorts of interventions. In the third section, I consider humanitarian interventions done with the permis- sion of the other state and will point toward a toleration-based view; here we are really talking about non-toleration of suffering. In the fourth section, I consider humanitarian interventions done without the permission of the other state; here we are talking about non-toleration of a state that harms its residents. I consider an objection in section five. (shrink)

In this overview, I begin by situating De-Moralizing Gay Rights within the field of queer studies/queer theory. I then delineate the book’s principal arguments. The book critically interrogates three sets of distortions in 21st century public discourse on LGBT+ rights in the United States. The first relates to the critique of pinkwashing, often advanced by scholars who claim to be proponents of a radical politics. I suggest that this critique sometimes suffers from analytical overreach. The second concerns a recent US (...) Supreme Court decision, Obergefell v. Hodges (2015), a judgment that established marriage equality across the 50 states. I argue that this judgment mobilizes the Court’s endorsement of two elements of homonormativity: amatonormativity and repronormativity. Instead of endorsing homonormativity, the Court should have employed an approach based on decisional minimalism. The third distortion occurs in Kenji Yoshino’s theorization of the concept of gay covering. Yoshino’s calls to dismantle cultural demands for gay covering turn out, I argue, to constitute an oppressive command to ‘gay-flaunt.’. (shrink)

Do LGBT+ persons have a moral duty of some form to resist heterosexist oppression by refusing to “cover” (i.e., “to ‘disattend,’ or tone down, their (despised) sexuality in an effort to fit into and be accepted by the mainstream” (Ghosh 2018, 273))? Writing in response to Kenji Yoshino (Yoshino 2002 and 2006), Cyril Ghosh argues that such a duty would itself be oppressive. In this reply to Ghosh’s new book, I wish to argue that while Ghosh demonstrates that Yoshino’s critique (...) of covering suffers some serious defects, his arguments leave open the possibility of a defense of a qualified moral duty on the part of LGBT+ persons to refrain from covering. (shrink)

Elizabeth Anderson and Debra Satz continue in the tradition of Plato with their work on the role of education in a just society. Both argue that a just society depends on education enabling citizens to realize democratic or civic equality and that this equality depends on sufficiency in the distribution of educational goods. I agree that education is important to preparing democratic citizens, but I disagree about the plausibility of sufficiency here, especially in the educational context. My argument is two‐fold: (...) I first reconsider a generic positional goods objection to educational inequality, I then argue that plausible sufficientarian replies to this objection fail insofar as they are premised on an impoverished conception of class and power that treats all statuses more like socio‐cultural traits when they should instead be referencing the material conditions someone has inside a social structure. One cannot bring an individual X into the halls of power and simultaneously have X represent or compensate those who are presently disadvantaged in the way that X had formerly been disadvantaged. In short, we should worry about the realistic possibility of securing and sustaining a civic‐minded elite because elites have the power and motivation to enrich themselves at the expense of the rest of us. For the sufficientarian story to work, we need more that explains the realistic possibility of a benevolent ruling elite, until then, democratic equality seems to be better realized by aiming for equal educations, adequacy isn't enough. (shrink)

Toleration is typically defined as follows: an agent (A), for some reason, objects to certain actions or practices of someone else (B), but has outweighing other reasons to accept these actions or practices nonetheless and, thus, refrains from interfering with or preventing B from acting accordingly, although A has the power to interfere. So understood, (mutual) toleration is taken to allow for peaceful coexistence and ideally even cooperation amongst people who disagree with each other on crucial questions on how to (...) live and what to value, which is why it has traditionally been regarded as an important part of political liberalism. An explicitly value-neutral liberal state then avoids taking sides when it comes to different and competing ways of life. However, following this idea of liberal neutrality, it has been questioned whether a value-neutral liberal state still needs toleration or is even compatible with it, for apparently neutrality leaves no more room for the objection component of toleration to take hold. In this paper, I take up this question and argue that there is, indeed, conceptual and practical room left for a value-neutral liberal state to be tolerant. Drawing on the interplay between four kinds of reasons (pragmatic, ethical, moral, and political), pragmatic and political reasons may still provide the needed evaluative and normative ground upon which the combination of objection and outweighing acceptance can be made sense of. However, the possible scope of toleration for a value-neutral liberal state is considerably limited. (shrink)

Many profess a belief in the importance of school integration. In this essay I argue that the evidence tells against the sincerity of this belief.

Demands calling for reparations for historical injustices—injustices whose original victims and perpetrators are now dead—constitute an important component of contemporary struggles for social and transnational justice. Reparations are only one way in which the unjust past is salient in contemporary politics. In my book, Injustice and the Reproduction of History: Structural Inequalities, Gender and Redress, I put forward a framework to conceptualise the normative significance of the unjust past. In this article, I will engage with the insightful comments and try (...) to address the concerns of the contributors to the symposium on my book. I will discuss whether and in what sense my framework incorporates past-regarding duties, how it is different from causal interpretations of the relationship between past and present injustice, whether it can carve out a greater place for blame in our thinking about responsibility for structural injustice, whether such a responsibility needs to hinge upon an account of solidarity, and how de-temporalising injustice can cast new light on immigration politics. In particular, I will stress and further clarify the importance that the notion of ‘structural debt’, which my book develops to reflect on historical responsibility, can play in thinking about what is owed to an unjust history. (shrink)

Radical democrats highlight dramatic moments of political action, which disrupt everyday habits of perception that sustain unequal social relations. In doing so, however, we sometimes neglect how social conditions—such as precarious employment, social dislocation, and everyday exposure to violence—undermine political agency or might be contested in uneventful ways. Despite their differences, two thinkers who have significantly influenced radical democratic theory have been similarly criticized for contributing to such a socially weightless picture of politics. However, attending to how they are each (...) preoccupied by the social conditions of inequality and loneliness enables us to recognize two distinct aspects of democratic politics–emancipation and civility. Cultivating an interpretive flexibility to shift between these aspects of politics might enable radical democrats to more clearly picture how struggles for appearance are limited and shaped by the social conditions within which they are enacted. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

Nili’s important book presents us with an intriguing idea in chapter five. If we see the liberal state as having integrity then that means certain kinds of policies should be prioritized by the state. I cast doubt on this argument by contending that the priorities of liberal integrity are either no different from liberal egalitarianism or are misguided. I also argue that history has little normative force as Nili suggests.

Journal of Social Philosophy, EarlyView.

Longevity is valuable. Most of us would agree that it’s bad to die when you could go on living, and death’s badness has to do with the value your life would have if it continued. Most of us would also agree that it’s bad if life expectancy in a country is low, it’s bad if there is high infant mortality and it’s bad if there is a wide mortality gap between different groups in a population. But how can we make (...) such judgments more precise? How should we evaluate the harm of mortality in a population? Although philosophers have written a lot about the harm of death for individuals, very little work has been done on the harm of mortality for populations. In this article, I take the first steps towards developing a theory of the harm of population mortality. Even these first steps, I argue, lead to surprising results. (shrink)

In this review, we present some ethical imperatives observed in this pandemic from a data ethics perspective. Our exposition connects recurrent ethical problems in the discipline, such as, privacy, surveillance, transparency, accountability, and trust, to broader societal concerns about equality, discrimination, and justice. We acknowledge data ethics role as significant to develop technological, inclusive, and pluralist societies. - - - Resumen: En esta revisión, exponemos algunos de los imperativos éticos observados desde la ética de datos en esta pandemia. Nuestra exposición (...) busca conectar problemas éticos típicos dentro de esta disciplina, a saber, privacidad, vigilancia, transparencia, responsabilidad y confianza, con preocupaciones a nivel social relacionadas con la igualdad, discrimi nación y justicia. Consideramos que la ética de datos tiene un rol significativo para desarrollar sociedades tecnificadas, inclusivas y pluralistas. (shrink)

Journal of Social Philosophy, EarlyView.

In this paper, I take issue with Peter Balint’s recent account of the value of toleration as an instrument for securing freedom-maximising outcomes in pluralistic societies. In particular, I question the extent to which the ideal of toleration can be entirely reduced to someone’s intentional withholding of negative interference whose value lies in the protection of individual negative freedoms. I argue that couching the value of toleration entirely in these freedom-maximising terms fails to do justice to the relational value of (...) toleration. To see this value, we must also have in sight the drastic changes that appeals to toleration make to the nature of what goes on between the tolerator and the tolerated, not only to the state of affairs that is created by their relation. (shrink)

This article offers a justification for accommodating claims of conscience. The standard justification points to the pain that acting against one’s conscience entails. But that defense cannot make sense of the state’s refusal to accommodate individuals where the law interferes with their deeply meaningful but nonmoral projects. An alternative justification, we argue, arises once one recognizes the connection between conscience and moral address: One’s lived moral convictions determine when and with what force one can hold others to account. Acting against (...) one’s convictions can undermine one’s standing to blame others who act in similar ways. When the state compels someone to act against conscience, it renders her complicit in conduct she takes to be wrong and thereby impairs her ability to condemn similar conduct in the future, in a manner akin to the hypocrite. The reason the state should not compel people to act against conscience, then, is that doing so would undercut their moral standing. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 491-513, July 2022. This article is an exercise in theory-building about the stories that justify, feed upon, and reproduce systems of oppression. I argue that emotional narratives contribute to the constitution and reproduction of systems of oppression, and that different emotional narratives constitute different forms of oppression. I examine two of these emotional narratives: a narrative articulated around pity and a narrative that draws on fear. I propose that the former (...) prevails when those in power do not perceive the members of the oppressed group as posing a threat to their power structure, in turn inducing low-intensity charitable state action. Conversely, narratives that deploy fear prevail when the group in power believes that the oppressed group presents a threat to their power structure, in turn eliciting high-intensity repressive state action. While narratives of pity recur to the infantilization of the members of the disadvantaged group, narratives of fear animalize them. (shrink)

In recent years, several theorists have defended a form of neutrality that seeks to equalise the benefits that state policies bestow upon citizens’ conceptions of the good life. For example, when state policies confer special benefits upon a conception that revolves around a particular culture, religion or type of sports, other cultures, religions or types of sports might be due compensation. This article argues that this kind of neutrality – which I refer to as ‘hands-on neutrality’ – cannot be vindicated, (...) whether it takes a resourcist form or welfarist form. After explaining why states cannot simply avoid bestowing unequal advantages upon citizens’ conceptions of the good life, I identify several versions of hands-on neutrality and show that all of them fail to respect the moral equality of citizens. (In so doing, however, I do find that a different form of neutrality is appropriately applied under a more limited set of conditions, which is lottery-based.) I conclude by showing that in cases where theories of hands-on neutrality have intuitive force, more plausible rival principles can account for our intuitions. (shrink)

There is now an awakening to and recognition of the emotionally complex lives of some non-human animals. While their forms of consciousness may vary, some are indeed conscious and deserve political consideration. What that political consideration ought to be is the central topic of this article. First, I argue that interspecies justice must be understood in terms of the relationships that foster individual flourishing of all concerned. The obstacles to such flourishing are the five faces of oppression famously identified by (...) Iris Marion Young: exploitation, marginalization, powerlessness, cultural imperialism, and violence. By extending Young’s concept of the social group to intra- and interspecies groups, we become more attuned to differences between and among species. Theorizing the existence of interspecies groups brings forward new avenues to explore oppression and simultaneously theorize its opposite – interspecies justice. Second, I argue that a positive theory of interspecies flourishing can be developed on the basis of Marx’s materialist philosophy and reclamation of species-being. Though Marx uses humanist language throughout the Economic and Philosophic Manuscripts of 1844, attention to his methodological commitments reveals that some non-human animals can no longer be excluded from the capability of flourishing and species-being. Some non-human animals are conscious, act purposefully, and labor creatively and must be included in our circle of moral and political concern. (shrink)

A crucial imperative for decolonial praxis in the liberal settler colony is to radically delegitimise the prevailing social order. This is regarded as necessary to achieving genuinely decolonial forms of social transformation rather than merely the ongoing modification of colonial rule. I propose here, however, that such objectives depend not simply on delegitimising the colonial regime as such, but also on finding ways to expose and challenge its resources of legitimating power, that is, the capacity to shape and reshape perceptions (...) of legitimacy in the public sphere, and thus render legitimacy a moving rather than static target for opponents. I explore, here, the potential for a basic democratic grammar of contestation to be utilised in this task. The promise of such a grammar lies in its permanent availability to problematise rule arranging powers in the public sphere, and thus work to expose their unjustified nature. It also carries a threat, however, in that its public activation always arouses a broader array of normative forces, some aspects of which might oppose or undermine decolonial objectives. Whilst the democratic grammar holds promise for challenging liberal legitimating power, then, it must also be treated with caution from a decolonial perspective. (shrink)

Journal of Social Philosophy, EarlyView.

Dignity may just be the most promiscuous normative abstraction. This article, informed by dignity’s historical variability, political theoretic multipurpose, and conflicting jurisprudence, focuses on a particular but influential invocation of the term: dignity as the normative ground for the ‘capabilities approach’ model of social justice. We ask whether or not the CA, in particular the influential version propounded by philosopher Martha Nussbaum, requires dignity as its foundational premise, and whether or not dignity may be more costly than beneficial for the (...) CA’s vision of a minimally just society. The first section of this article rehearses the warrants of and criticisms against the dignity-basis of Nussbaum’s CA. We canvass the relatively sparse scholarship on dignity within the CA to situate our contribution. The next two sections are case studies, demonstrating dignity’s shortcomings for assessing and regulating sex and abortion, respectively. The fourth section rebuts two possible objections to our criticisms of dignity. The fifth and final section gestures toward another normative abstraction, ‘minimum conditions of individuation’, less polysemic than dignity, which might alternatively ground the CA. (shrink)

ABSTRACTI extract a problematic from Levinas’ shifting attitude towards the idea of recognition. An underappreciated aspect of Levinas’ work is that at an early stage he appeals to a recognition-based model of intersubjectivity, which characteristically plots a relation of mutual affirmation between individuals. However, he later explicitly rejects this paradigm in favour of an intensified heterological orientation which invests in otherness as a value in itself. Levinas’ rejection of recognition raises the question of how we are to interpret the relation (...) between the latter and heterology as rival models for reading into intersubjectivity an immanent and dynamic source of normativity. (shrink)

Philosophy &Public Affairs, Volume 48, Issue 1, Page 79-113, Winter 2020.