An Essay On Rights By Hillel Steiner Basil Blackwell, 1994. Pp. x + 305. ISBN 0-631-19027-9. Price 14.95 Connectionism and eliminativism: reply to Stephen Mills in Vol. 5, No. 1.

In this paper I aim to examine some problematic implications of the fact that individuals are prone to making systematic reasoning errors, for resource egalitarianism. I begin by disentangling the concepts of preferences, choices and ambitions, which are sometimes used interchangeably by egalitarians. Subsequently, I claim that the most plausible interpretation of resource egalitarianism takes preferences, not choices, as the site of responsibility. This distinction is salient, since preference-sensitive resource egalitarianism is faced with an important objection when applied to situations (...) in which the empirically reasonable assumption that individuals have different degrees of computational abilities is introduced. I first show that this objection can be raised in cases involving individuals who have incomplete information, but that it ultimately fails for such cases since we can appeal to higher order insurance markets in order to mitigate any initial concerns. I further claim, however, that the objection is much more powerful in cases involving individuals who have different reasoning skills, since the appeal to higher order insurance markets is no longer tenable. Consequently, the ideal principle of justice proposed by Dworkin is met with a new feasibility challenge. Finally, I claim that the problem of reasoning errors and various forms of cognitive biases also affect Dworkin’s non-ideal principle of justice, skewing the outputs of the hypothetical insurance mechanism in an unjustifiable manner. (shrink)

This essay is a review of Ronald Dworkin's recent essay on equality of resources. Many of the ideas discussed by Dworkin have also been examined by economists with, I believe, considerable insight. Unfortunately, economists tend to write for economists, not for philosophers, and their insights are seldom communicated properly to noneconomists. Of course, the same criticism can be levied on philosophers! But perhaps legal theorists are less subject to this criticism. One of the great contributions of Dworkin is that he (...) is very readable; and the quality of his exposition makes these ideas accessible to a wide audience of philosophers, lawyers, and social scientists in general. (shrink)

In Anarchy, State, and Utopia, Robert Nozick contrasts entitlement theories of justice and “traditional” theories such as Rawls', utilitarianism or egalitarianism, and advocates the former against the latter. What exactly is an entitlement theory of justice? Nozick's book offers two distinct characterizations. On the one hand, he explicitly describes “the general outlines of the entitlement theory” as maintaining “that the holdings of a person are just if he is entitled to them by the principles of justice in acquisition and transfer, (...) or by the principle of rectification of injustice ”. On the other hand, his famous “Wilt Chamberlain” argument against alternative theories is first said to apply to “non-entitlement conceptions”, and later to any “end-state principle or distributional patterned principle of justice” — which amounts to an implicit characterization of an entitlement conception as a conception of justice which is neither end-state nor patterned. (shrink)

Is a government required or permitted to redistribute the gains and losses that differences in biol ogical endowments generate In particular, does the fact that individuals possess different biological endowments lead to unfair advantages within a market economy? These are questions on which so me people are apt to have strong intuitions and ready arguments. Egalitarians may say yes and argu e that as unearned, undeserved advantages and disadvantages, biological endowments are never fai r, and that the market simply exacerbates (...) these inequities.1 Libertarians may say no, holding that th e possession of such endowments deprives no one of an entitlement and that any system but a mark et would deprive agents of the rights to their endowments.2 Biological endowments may well lead t o advantages or disadvantages on their view, but not to unfair ones. (shrink)

The formal theory of equality of opportunity emerged as a response – a friendly amendment – to Ronald Dworkin's (1981) characterization of resource egalitarianism, as defined by the allocation that would emerge from insurance contracts arrived at behind a thin veil of ignorance. This article compares several of the prominent versions of this response, put forth in the period 1993–2008. I argue that a generalization of Roemer's (1998) proposal is the most satisfactory approach. Inherent in that generalization is an indeterminism, (...) which reflects a philosophical problem: that we do not know what comprise the ethically correct rewards to effort. The indeterminism should be resolved, I propose, by an ancillary theory which limits the degree of inequality which is acceptable. (shrink)

The neo-Lockean justification of the highly unequal distribution of income in capitalist societies is based upon two key premises: that people are the rightful owners of their labor and talents, and that the external world was, in the state of nature, unowned, and therefore up for grabs by people, who could rightfully appropriate parts of it subject to a ‘Lockean proviso.’ The argument is presented by Nozick. Counter-proposals to Nozick’s, for the most part, have either denied the premise that people (...) should morally be viewed as the owners of their talents, or have challenged Nozick’s Lockean proviso.Rawls, and to a more limited extent Ronald Dworkin, deny self-ownership. As Rawls writes: ‘…the difference principle represents, in effect, an agreement to regard the distribution of natural talents as a common asset … The naturally advantaged are not to gain merely because they are more gifted, but only to cover the costs of training and education and for using their endowments in ways that help the less fortunate as well. No one deserves his greater natural capacity nor merits a more favorable starting place in society.’ Behind the Rawlsian veil of ignorance, those who deliberate about justice are deprived of knowledge about characteristics whose distribution is morally arbitrary. In Dworkin’s proposal for resource egalitarianism, agents calculate the insurance policy they would hypothetically ask for, were they denied knowledge of what talents they will draw in the birth lottery. Compensation for unequal talents is, according to Dworkin, properly made by taxing and transferring income according to the way it would have been distributed as a consequence of such insurance. Dworkin’s veil of ignorance is thin, because agents in the appropriate posture for deliberating about income distribution know their preferences and attitudes toward risk, but not their talents. For both Rawls and Dworkin, the self-ownership premise is challenged by constructing a veil of ignorance in which people are deprived of knowledge of certain personal characteristics, knowledge of which would bias their opinions, from a moral viewpoint. (shrink)

Conceptions of desert and responsibility have had a powerful influence in justifying economic inequality. Currently, they are being reaffirmed in policies advocated by the centre left in Britain. In contrast, luck egalitarianism, one of the dominant theoretical positions in contemporary political philosophy, puts equality at the top of the agenda and notoriously undermines traditional notions of desert and rejects the conception of personal responsibility on which traditional ideas rely. Although luck egalitarians are sceptical about desert and redefine responsibility to reduce (...) its role in arguments for just distribution, they nevertheless retain a commitment to holding people responsible for the distributive consequences of what they freely choose to do. They attempt to demonstrate that equality can be reconciled with responsibility. I will argue that luck egalitarians have not gone far enough in eliminating desert and responsibility from the armoury of social justice, and that their own arguments should have led them to do so. My aim in this article is to push the ideas implicit in luck egalitarian's arguments to their logical conclusion. I argue that for practical and conceptual reasons, they should have formulated their theories as though hard determinism is true, or nearly true, even if it is not. Denying the pertinence of judgements of desert and responsibility to questions of distributive justice removes an obstacle to egalitarian aims by suggesting a more egalitarian distribution than one that is hostage to voluntary choice. It could be accepted that luck egalitarianism cannot accommodate the concept of personal responsibility without accepting the conclusion that considerations of responsibility should be abandoned. However, any plausible account of responsibility would demonstrate that existing inequalities are undeserved, and that these inequalities make a mockery of politicans current emphasis on personal responsibility. (shrink)

This paper stands at the confluence of two streams in contemporary political thought. One stream is composed of those critics of liberal political philosophy who are often described collectively as ‘communitarians’. What unites these critics is a belief that contemporary liberalism rests on an impoverished and inadequate view of the human subject. Liberal political thought – as manifested, for instance, in the writings of John Rawls, Robert Nozick, and Ronald Dworkin – claims centrally to do justice to individuality: to specify (...) the conditions under which distinct individuals, each with his own view about how life should be lived, can pursue these visions to the best of their ability. But, the critics claim, liberalism is blind to the social origins of individuality itself. A person comes by his identity through participating in social practices and through his affiliation to collectivities like family and nation. An adequate political philosophy must attend to the conditions under which people can develop the capacity for autonomy that liberals value. This, however, means abandoning familiar preoccupations of liberal thought – especially the centrality it gives to individual rights – and looking instead at how social relationships of the desired kind can be created and preserved. It means, in short, looking at communities – their nature and preconditions. (shrink)

It is a distinctive and unprecedented feature of modern societies that the idea of equality should hold a central place in their political thinking. I want to begin my enquiry by considering why this should be and what its significance is. For if there is indeed an important sense in which egalitarianism is written in to contemporary conditions of life, it makes no sense to think of oneself as taking a stand for or against equality. Now to say this is (...) not to deny the equally inescapable fact that the issue of equality rouses fierce ideological passions between those who might describe themselves on one side as its friends and on the other as its enemies. But my suggestion is that both sides may misunderstand their contest. Their conflict is not about the value of equality as such, but about competing specifications of that value, about different versions of what it means to treat people as equals. (shrink)

John Rawls's work has greatly contributed to rehabilitating equality as a basic social value, after decades of utilitarian hegemony,particularly in normative economics, but Rawls also emphasized that full equality of welfare is not an adequate goal either. This thesis was echoed in Dworkin's famous twin papers on equality, and it is now widely accepted that egalitarianism must be selective. The bulk of the debate on ‘Equality of What?’ thus deals with what variables ought to be submitted for selection and how (...) this selection ought to be carried out. (shrink)

Conceptions of desert and responsibility have had a powerful influence in justifying economic inequality. Currently, they are being reaffirmed in policies advocated by the centre left in Britain. In contrast, luck egalitarianism, one of the dominant theoretical positions in contemporary political philosophy, puts equality at the top of the agenda and notoriously undermines traditional notions of desert and rejects the conception of personal responsibility on which traditional ideas rely. Although luck egalitarians are sceptical about desert and redefine responsibility to reduce (...) its role in arguments for just distribution, they nevertheless retain a commitment to holding people responsible for the distributive consequences of what they freely choose to do. They attempt to demonstrate that equality can be reconciled with responsibility. I will argue that luck egalitarians have not gone far enough in eliminating desert and responsibility from the armoury of social justice, and that their own arguments should have led them to do so. My aim in this article is to push the ideas implicit in luck egalitarian's arguments to their logical conclusion. I argue that for practical and conceptual reasons, they should have formulated their theories as though hard determinism is true, or nearly true, even if it is not. Denying the pertinence of judgements of desert and responsibility to questions of distributive justice removes an obstacle to egalitarian aims by suggesting a more egalitarian distribution than one that is hostage to voluntary choice. It could be accepted that luck egalitarianism cannot accommodate the concept of personal responsibility without accepting the conclusion that considerations of responsibility should be abandoned. However, any plausible account of responsibility would demonstrate that existing inequalities are undeserved, and that these inequalities make a mockery of politicans current emphasis on personal responsibility. (shrink)

Luck egalitarians claim that disadvantage is worse when it emerges from an unchosen risk than when it emerges from a chosen risk. I argue that disadvantage is also worse when it emerges from an unchosen risk that the disadvantaged agent would have declined to take, had he or she been able to do so, than when it emerges from an unchosen risk that the disadvantaged agent would not have declined to take. Such a view is significant because it allows both (...) luck egalitarians and prioritarians to respond to Voorhoeve and Fleurbaey's charge that they fail to accommodate intuitions about the moral relevance of interpersonal boundaries – the so-called separateness of persons objection. I argue that the view is plausible independently of its ability to answer the separateness of persons objection, and is a natural extension of the luck egalitarian concern with the impact of unchosen circumstance. (shrink)

It has become accepted that social choice is impossible in the absence of interpersonal comparisons of well-being. This view is challenged here. Arrow obtained an impossibility theorem only by making unreasonable demands on social choice functions. With reasonable requirements, one can get very attractive possibilities and derive social preferences on the basis of non-comparable individual preferences. This new approach makes it possible to design optimal second-best institutions inspired by principles of fairness, while traditionally the analysis of optimal second-best institutions was (...) thought to require interpersonal comparisons of well-being. In particular, this approach turns out to be especially suitable for the application of recent philosophical theories of justice formulated in terms of fairness, such as equality of resources. (shrink)

The neo-Lockean justification of the highly unequal distribution of income in capitalist societies is based upon two key premises: that people are the rightful owners of their labor and talents, and that the external world was, in the state of nature, unowned, and therefore up for grabs by people, who could rightfully appropriate parts of it subject to a ‘Lockean proviso.’ The argument is presented by Nozick. Counter-proposals to Nozick’s, for the most part, have either denied the premise that people (...) should morally be viewed as the owners of their talents, or have challenged Nozick’s Lockean proviso.Rawls, and to a more limited extent Ronald Dworkin, deny self-ownership. As Rawls writes: ‘…the difference principle represents, in effect, an agreement to regard the distribution of natural talents as a common asset … The naturally advantaged are not to gain merely because they are more gifted, but only to cover the costs of training and education and for using their endowments in ways that help the less fortunate as well. No one deserves his greater natural capacity nor merits a more favorable starting place in society.’ Behind the Rawlsian veil of ignorance, those who deliberate about justice are deprived of knowledge about characteristics whose distribution is morally arbitrary. In Dworkin’s proposal for resource egalitarianism, agents calculate the insurance policy they would hypothetically ask for, were they denied knowledge of what talents they will draw in the birth lottery. Compensation for unequal talents is, according to Dworkin, properly made by taxing and transferring income according to the way it would have been distributed as a consequence of such insurance. Dworkin’s veil of ignorance is thin, because agents in the appropriate posture for deliberating about income distribution know their preferences and attitudes toward risk, but not their talents. For both Rawls and Dworkin, the self-ownership premise is challenged by constructing a veil of ignorance in which people are deprived of knowledge of certain personal characteristics, knowledge of which would bias their opinions, from a moral viewpoint. (shrink)

What does the prospect of being able to alter a human being's “natural assets” by genetic engineering imply for our understanding of the requirements of justice, and of equal opportunity in particular? Although their proponents are reluctant to admit it, some of the most prominent contemporary theories of justice yield a quite radical conclusion: If safe and effective intervention in the genetic “natural lottery” becomes feasible, there will be at least a strong prima facie case for doing so in the (...) name of equality of opportunity , if this is the most effective way to meet the demands of justice. (shrink)

What makes humans moral beings? This question can be understood either as a proximate question or as an ultimate question. The question is about the mental and social mechanisms that produce moral judgments and interactions, and has been investigated by psychologists and social scientists. The question is about the fitness consequences that explain why humans have morality, and has been discussed by evolutionary biologists in the context of the evolution of cooperation. Our goal here is to contribute to a fruitful (...) articulation of such proximate and ultimate explanations of human morality. We develop an approach to morality as an adaptation to an environment in which individuals were in competition to be chosen and recruited in mutually advantageous cooperative interactions. In this environment, the best strategy is to treat others with impartiality and to share the costs and benefits of cooperation equally. Those who offer less than others will be left out of cooperation; conversely, those who offer more will be exploited by their partners. In line with this mutualistic approach, the study of a range of economic games involving property rights, collective actions, mutual help and punishment shows that participants' distributions aim at sharing the costs and benefits of interactions in an impartial way. In particular, the distribution of resources is influenced by effort and talent, and the perception of each participant's rights on the resources to be distributed. (shrink)

Distributive Justice Theories of distributive justice seek to specify what is meant by a just distribution of goods among members of society. All liberal theories (in the sense specified below) may be seen as expressions of laissez-faire with compensations for factors that they consider to be morally arbitrary. More specifically, such theories may be interpreted […].

This is a comprehensive anthology of works concerning the nature of economics as a science, including classic texts and essays exploring specific branches and schools of economics. Apart from the classics, most of the selections in the third edition are new, as are the introduction and bibliography. No other anthology spans the whole field and offers a comprehensive introduction to questions about economic methodology.

You and I lead different lives. While we share a society and a world, our existence is separate from one another. You and I matter individually, by ourselves. My dissertation is about this simple thought. I argue that this simple insight, the separateness of persons, tells us something fundamental about morality. My dissertation seeks to answer how the separateness of persons matters. I develop a precise view of the demands of the separateness of persons. The separateness of persons imposes both (...) a requirement on the justification of first-order moral principles as well as a requirement on the content of first-order moral principles. In specifying these demands, I argue that respecting the separateness of persons requires taking into consideration each person’s point of view separately. This requires taking into account the moral relations in which individuals stand to one another. I make use of this relational understanding of the separateness of persons to advance various debates in moral and political philosophy. I argue for a framework to assess to which extent the veil of ignorance can be reconciled with the separateness of persons. I also argue for a new view on the ethics of risk which is a form of contractualism that discounts risks only by their objective risk. Furthermore, I argue for a new solution to the problem of aggregation that is skeptical of aggregation and can set plausible limits to aggregation. Lastly, I provide a new relational agent-based justification for deontological constraints. In addition to answering how the separateness of persons matters, I defend the separateness of persons against challenges. Most importantly, I argue that the importance of the separateness of persons is not undermined even if we believe that our personal identity, i.e. whether we persist as the same person, is unimportant. (shrink)

Economic policy decisions require comparisons of the gains and losses from policy choices to different people. If those gains can be valued in monetary terms, than all that is needed is a comparison of the value of income to different persons, which can be weights in cost-benefit analysis. An objective comparison of the value of income to different people has been long sought but never found. I propose that when money to be allocated is controlled by a group of people (...) with equal control over that money, then a hypothetical auction for transfers of income between people can produce a collective judgment about the value of income that provides suitable weights, and is morally defensible in cases where the decision is made by the group collectively, e.g. when making government policy choices. I provide a method for calculating such weights from observed choices about distributing income, and discuss several desirable properties that they have. (shrink)

RESUMEN Se analiza si la versión de la justicia como equidad, presentada en El liberalismo político, es genuinamente una concepción política. Se examina el problema de la razonabilidad de las doctrinas comprehensivas, y se indaga luego si el argumento en dos etapas afecta la integridad estructural del liberalismo político. Se concluye que J. Rawls fracasa en su intento de justificar un liberalismo independiente de una doctrina comprehensiva de carácter liberal. ABSTRACT The article analyzes whether the conception of justice as fairness, (...) set forth by Rawls in Political Liberalism, is a genuine political conception. It first examines the issue of reasonableness of comprehensive doctrines and then goes on to inquire whether the two-step argument affects the structural integrity of political liberalism. The paper concludes that J. Rawls fails in his attempt to justify liberalism independently of a comprehensive liberal doctrine. (shrink)