This book addresses these three issues: What is discrimination?; What makes it wrong?; What should be done about wrongful discrimination? It argues: that there are different concepts of discrimination; that discrimination is not always morally wrong and that when it is, it is so primarily because of its harmful effects.

Kasper Lippert-Rasmussen tackles all the major questions concerning luck egalitarianism, providing deep, penetrating and original discussion of recent academic discourses on distributive justice as well as responses to some of the main objections in the literature. It offers a new answer to the “Why equality?” and “Equality of what?” questions, and provides a robust luck egalitarian response to the recent criticisms of luck egalitarianism by social relations egalitarians. This systematic, theoretical introduction illustrates the broader picture of distributive justice and enables (...) the reader to understand the core intuitions underlying, or conflicting with, luck egalitarianism. (shrink)

Over the last twenty years, many political philosophers have rejected the idea that justice is fundamentally about distribution. Rather, justice is about social relations, and the so-called distributive paradigm should be replaced by a new relational paradigm. Kasper Lippert-Rasmussen seeks to describe, refine, and assess these thoughts and to propose a comprehensive form of egalitarianism which includes central elements from both relational and distributive paradigms. He shows why many of the challenges that luck egalitarianism faces reappear, once we try to (...) specify relational egalitarianism more fully. His discussion advances understanding of the nature of the relational ideal, and introduces new conceptual tools for understanding it and for exploring the important question of why it is desirable in the first place to relate as equals. Even severe critics of the distributive understanding of justice will find that this book casts important new light on the ideal to which they subscribe. (shrink)

The most blatant forms of discrimination are morally outrageous and very obviously so; but the nature and boundaries of discrimination are more controversial, and it is not clear whether all forms of discrimination are morally bad; nor is it clear why objectionable cases of discrimination are bad. In this paper I address these issues. First, I offer a taxonomy of discrimination. I then argue that discrimination is bad, when it is, because it harms people. Finally, I criticize a rival, disrespect-based (...) account according to which discrimination is bad regardless of whether it causes harm. (shrink)

It is commonly believed that blamees can dismiss hypocritical blame on the ground that the hypocrite has no standing to blame their target. Many believe that the feature of hypocritical blame that undermines standing to blame is that it involves an implicit denial of the moral equality of persons. After all, the hypocrite treats herself better than her blamee for no good reason. In the light of the complement to hypocrites and a comparison of hypocritical and non-hypocritical blamers subscribing to (...) hierarchical moral norms, I show why we must reject the moral equality account of the hypocrite’s lack of standing to blame. (shrink)

The contributors to the volume are: Richard Arneson, Linda Barclay, Thomas Christiano, Nils Holtug, Susan Hurley, Kasper Lippert-Rasmussen, Dennis McKerlie, ...

Pluralist egalitarians think that luck and relational egalitarianism each articulates a component in a pluralist account of egalitarian justice. However, this ecumenical view appears problematic in the light of Elizabeth Anderson's claim that the divide arises because two incompatible views of justification are in play, which in turn generates derivative disagreements – e.g. about the proper currency of egalitarian justice. In support of pluralist egalitarianism I argue that two of Anderson's derivative disagreements are not rooted in the disagreement over justification (...) she identifies, and that the disagreement over justification cuts across standard disagreements between luck and relational egalitarian justice. (shrink)

In a recent JME article, Joona Räsänen makes the case for allowing legal age change. We identify three problems with his argument and, on that basis, propose an improved version thereof. Unfortunately, even the improved argument is vulnerable to the objection that chronological age is a better proxy for justice in health than both legal and what we shall call official age.

In this article, we critically scrutinize the principle of proportionality when used in the context of security and government surveillance. We argue that McMahan’s distinction from just warfare between narrow proportionality and wide proportionality can generally apply to the context of surveillance. We argue that narrow proportionality applies more or less directly to cases in which the surveilled is liable and that the wide proportionality principle applies to cases characterized by ‘collateral intrusion’. We argue, however, that a more demanding criterion (...) than the lesser-evil justification that wide proportionality frequently entails is necessary in cases characterized by intentional intrusion upon non-liable individuals. The distinction between foreseeing and intending intrusion into the lives of individuals who are not liable has not previously been specifically addressed in discussions concerning surveillance ethics. This specification is thus increasingly important due to the general growing tendency for adherence to the precautionary principle and policies aimed at anticipating criminal acts before they are committed. Preventive surveillance of non-liable actors is considered an important instrument for obtaining this aim and thus calls for moral scrutiny in terms of permissibility and proportionality. We suggest the concept ‘wide proportionality +’ which applies to cases of intentional intrusion of non-liable individuals. (shrink)

There are many objections to statistical discrimination in general and racial profiling in particular. One objection appeals to the idea that people have a right to be treated as individuals. Statistical discrimination violates this right because, presumably, it involves treating people simply on the basis of statistical facts about groups to which they belong while ignoring non-statistical evidence about them. While there is something to this objection—there are objectionable ways of treating others that seem aptly described as failing to treat (...) them as individuals—it needs to be articulated carefully. First, most people accept that many forms of statistical discrimination are morally unproblematic, let alone morally justified all things considered. Second, even treating people on the basis of putative non-statistical evidence relies on generalizations. Once we construe treating someone as an individual in a way that respects this fact, it becomes apparent: (1) that statistical discrimination is compatible with treating people as individuals, and (2) that one may fail to treat people as individuals even without engaging in statistical discrimination. Finally, there are situations involving the expression of messages of inclusion where we think it is good, morally speaking, that we are not treated as individuals. (shrink)

While it has many connections to other topics in normative and applied ethics, discrimination is a central subject in philosophy in its own right. It plays a significant role in relation to many real-life complaints about unjust treatment or unjust inequalities, and it raises a number of questions in political and moral philosophy, and in legal theory. Some of these questions include: what distinguishes the concept of discrimination from the concept of differential treatment? What distinguishes direct from indirect discrimination? Is (...) discrimination always morally wrong? What makes discrimination wrong? How should we eliminate the effects of discrimination? By covering a wide range of topics, and by doing so in a way that does not assume prior acquaintance, this handbook enables the reader to get to grips with the omnipresent issue. The Routledge Handbook of the Ethics of Discrimination is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into six main parts: • conceptual issues • the wrongness of discrimination • groups of ‘discriminatees’ • sites of discrimination • causes and means • history of discrimination Essential reading for students and researchers in applied ethics and political philosophy the handbook will also be very useful for those in related fields, such as law, sociology and politics. (shrink)

An influential anti-democratic argument says: ‘(1) Answers to political questions are truth-apt. (2) A small elite only—the epistocrats—knows these truths. (3) If answers to political questions are truth-apt, then those with this knowledge about these matters should rule. (4) Thus, epistocrats should rule.’ Many democrats have responded by denying (1), arguing that, say, answers to political questions are a matter of sheer personal preference. Others have rejected (2), contending that knowledge of the true answers to political questions is evenly distributed. (...) David Estlund finds neither of these replies conclusive. Instead, he attacks (3) arguing that there can be no agreement between qualified people as to who the epistocrats are and that people are not subject to being ruled by experts, whose status as such they can reasonably dispute. Critically, I argue that this argument does not block all forms of epistocratic argument and that Estlund fails to consider the full range of plausible epistocratic views. More constructively, I offer a modest argument for why greater expertise does not necessarily warrant greater political authority. Presumably, the set of feasible options might differ, depending on what procedure is used, and a sub-optimal choice by nonepistocrats from a better set might be superior to the optimal choice by epistocrats from a worse set. In such cases, the mere fact of greater expertise does not warrant political authority, i.e., (3) is false. (shrink)

In this book Kasper Lippert-Rasmussen address the complexities of his question "Is affirmative action morally justifiable?" by analyzing the prevailing contemporary arguments both for and against affirmative action. The book applies current political philosophy to demonstrate that arguments on both sides justify different conclusions given different specific cases, though it ultimately does argue in favor of affirmative action based on the relative strength and significance of the anti-discrimination- and equality of opportunity-based positions.

Real-self accounts of moral responsibility distinguish between various types of motivational elements. They claim that an agent is responsible for acts suitably related to elements that constitute the agent's real self. While such accounts have certain advantages from a compatibilist perspective, they are problematic in various ways. First, in it, authority and authenticity conceptions of the real self are often inadequately distinguished. Both of these conceptions inform discourse on identification, but only the former is relevant to moral responsibility. Second, authority (...) and authenticity real-self theories are unable to accommodate cases in which the agent neither identifies nor disidentifies with his action and yet seems morally responsible for what he does. Third, authority and authenticity real-self theories are vulnerable to counterexamples in which the provenance of the agent's real self undermines responsibility. (shrink)

This paper takes a fresh look at Elizabeth Anderson’s democratic egalitarianism and its relation to luck egalitarianism in the light of recent trends toward greater socioeconomic inequality. Anderson’s critique of luck egalitarianism and her alternative ideal of democratic equality are set out. It is then argued that the former is not very powerful, and that the latter is vulnerable to many of Anderson’s criticisms of luck egalitarianism. The paper also seeks to show that, on many of the issues over which (...) Anderson disagrees with luck egalitarians, the latter can adopt the view she canvasses without abandoning their luck egalitarianism. At most, her critique shows that we have reason to prefer some views within the luck egalitarian family over others—not that we have reason to reject luck egalitarianismas such. (shrink)

Fundamentally, intentions do not matter to the permissibility of actions, according to Thomas Scanlon (among others). Yet, discriminatory intentions seem essential to certain kinds of direct discrimination in hiring and firing, and appear to be something by virtue of which, in part at least, these kinds of discrimination are morally impermissible. Scanlon's account of the wrongness of discrimination attempts to accommodate this appearance through the notion of the expressive meaning of discriminatory acts and a certain view about how permissibility relates (...) to the meaning of actions. This paper explores the scope, strengths and weaknesses of this account. Specifically, it challenges the view that discrimination reflecting hierarchical value judgments necessarily involves a wrong that renders such discrimination more objectionable than other forms. (shrink)

s admirable new book, Justice, Luck, and Knowledge , brings together recent developments in the fields of responsibility and egalitarian justice. This article focuses on Hurley’s critique of luck-neutralizing egalitarianism. The article concludes that the bad-luck-neutralizing aim serves better as a justificatory basis for egalitarianism than the more general luck-neutralizing aim. Since the former does not simply assume that we should aim for equality, Hurley has not demonstrated (nor indeed does she claim to have shown) that this concern cannot form (...) the justificatory basis of egalitarianism in a non-question-begging way. This, however, does not detract from the fact that Hurley’s book provides a very insightful discussion of the relationship between luck and justice. Key Words: Hurley • Dworkin • Cohen • luck • justice • egalitarianism. (shrink)

In this article, we critically discuss different versions of the fairness objection to the legalisation of neuro-doping. According to this objection, legalising neuro-doping will result in some enjoying an unfair advantage over others. Basically, we assess four versions. These focus on: 1) the unequal opportunities of winning for athletes who use neuro-doping and for those who do not; 2) the unfair advantages specifically for wealthy athletes; 3) the unfairness of athletic advantages not derived from athletes’ own training ; and 4) (...) the unfair health care costs imposed on everyone as a result of athletes’ use of neuro-doping. We conclude that none of these versions offer a convincing principled fairness-based objection to legalising neuro-doping. (shrink)

A standard formulation of luck-egalitarianism says that ‘it is [in itself] bad – unjust and unfair – for some to be worse off than others [through no fault or choice of their own]’, where ‘fault or choice’ means substantive responsibility-generating fault or choice. This formulation is ambiguous: one ambiguity concerns the possible existence of a gap between what is true of each worse-off individual and what is true of the group of worse-off individuals, fault or choice-wise, the other concerns the (...) notion of fault. I show that certain ways of resolving these ambiguities lead to counterintuitive results; and that the most plausible way of resolving them leads to a theory of distributive justice in which responsibility plays a role significantly different from that in standard luck-egalitarian thinking. My main conclusion here is that luck-egalitarianism is best formulated as the view that it is [in itself] bad – unjust and unfair – for an individual to be worse off than others if, and only if, her being worse off does not fit the degree to which she is at fault in a not purely prudential sense. (shrink)

In recent work, T.M. Scanlon has unsuccessfully challenged the doctrine of double effect (DDE). First, comparing actions reflecting faulty moral deliberations and involving merely foreseen harm with actions reflecting less faulty moral deliberations involving intended harm suggests that proponents of DDE do not confuse the critical and the deliberative uses of moral principles. Second, Scanlon submits that it is odd to say to a deliberating agent that the permissibility of the actions she ponders depends on the intention with which she (...) will act. I argue that this can be explained without appeal to the claim that intentions are irrelevant to permissibility. (shrink)

Alternative allocations of a fixed bundle of healthcare resources often involve significantly different indirect, non-health effects. The question arises whether these effects must figure in accounts of the conditions under which a distribution of healthcare resources is morally justifiable. In this article we defend a Scanlonian, affirmative answer to this question: healthcare resource managers should sometimes select an allocation which has worse direct, health-related effects but better indirect, nonhealth effects; they should do this when the interests served by such a (...) policy are more urgent than the healthcare interests better served by an alternative allocation. We note that there is a prima facie case for the claim that such benefits (and costs) are relevant—i.e. they are real benefits, and in other contexts our decisions can permissibly be guided by them. We then proceed to rebut three lines of argument that might be thought to defeat this prima facie case: they appeal to fairness, the Kantian Formula of Humanity as an End in Itself, and the equal moral worth of persons, respectively. (shrink)

Five arguments are presented in favour of the proposal that people who opt in as organ donors should receive a tax break. These arguments appeal to welfare, autonomy, fairness, distributive justice and self-ownership, respectively. Eight worries about the proposal are considered in this paper. These objections focus upon no-effect and counter-productiveness, the Titmuss concern about social meaning, exploitation of the poor, commodification, inequality and unequal status, the notion that there are better alternatives, unacceptable expense, and concerns about the veto of (...) relatives. The paper argues that none of the objections to the proposal is very telling. (shrink)

In National Responsibility and Global Justice, David Miller defends the view that a member of a nation can be collectively responsible for an outcome despite the fact that: (i) she did not control it; (ii) she actively opposed those of her nation’s policies that produced the outcome; and (iii) actively opposing the relevant policy was costly for her. I argue that Miller’s arguments in favor of this strong externalist view about responsibility and control are insufficient. Specifically, I show that Miller’s (...) two models of synchronic collective responsibility*the like-minded group model and the cooperative practice model*ground neither synchronic nor diachronic national responsibility, nor apply in the case of nations generally speaking. Keywords: collective responsibility; David Miller; nations; historical responsibility; national responsibility (Published: 19 May 2009) Citation: Ethics & Global Politics, Vol. 2, No. 2, 2009, pp. 109-130. DOI: 10.3402/egp.v2i2.1935. (shrink)

In this critical review, I address two themes from Shelly Kagan’s path-breaking The Geometry of Desert. First I explain the so-called “bell motion” of desert mountains—a notion reflecting that, ceteris paribus, as people get more virtuous it becomes more important not to give them too little of whatever they deserve than not to give them too much. Having argued that Kagan’s defense of it is unsatisfactory, I offer two objections to the existence of the bell motion. Second, I take up (...) an unrelated issue—the relation between comparative and non-comparative desert. I argue that, given a certain disaggregationist view of comparative desert, it is possible that comparative desert is not satisfied, even if non-comparative desert is perfectly so. Unlike my objections to the bell motion, this possibility adds further complexity to an already complex Kaganian account of desert. (shrink)

This book has been accepted at the University of Copenhagen for a public defence as a Dr Phil dissertation.

Recently, the issue of publicity has surfaced in discussions of the correct interpretation of the Rawlsian principles of justice. In an intriguing critique of G.A. Cohen's preferred interpretation of the difference principle as a principle that is incompatible with incentive-based inequalities, Andrew Williams points to a gap in Cohen's argument, alleging that Cohen's interpretation of the difference principle is unlikely to be compatible with the Rawlsian endorsement of publicity. Having explored a possible extrapolation of Cohen's critique to aggregate consumer choices (...) and a resulting extension of Williams's charge that the difference principle, on Cohen's reading, fails to meet the publicity constraint because of its informational demandingness, I defend three claims: it is doubtful that Rawls endorses a publicity constraint of the sort that would rule out Cohen's interpretation of the difference principle; it is hard to see how such a constraint could emerge from the considerations Rawls offers in favour of publicity; and under certain interpretations, the difference principle disallows incentive-based inequalities and yet satisfies suitably modest versions of the publicity constraint. (shrink)

Journal of Political Philosophy, EarlyView.

Agent-relative restrictions prohibit minimizing violations: that is, they require us not to minimize the total number of their violations by violating them ourselves. Frances Kamm has explained this prohibition in terms of the moral worth of persons, which, in turn, she explains in terms of persons’ high moral status as inviolable beings. I press the following criticism of this account: even if minimizing violations are permissible, we need not have a lower moral status provided other determinants thereof boost it. Thus, (...) Kamm’s account is incomplete at best. And when, to address this incompleteness, it is insisted that our moral worth derives from specific moral statuses, the inviolability account comes to seem deficient because it begs the question against those who are not initially persuaded that minimizing violations are impermissible. (shrink)

Philosophers analyzing standing to blame have argued that in view of a blamer’s own fault she can lack standing to blame another for an act even if the act is blameworthy and that standingless, hypocritical blame is pro tanto morally wrongful. The bearing of these conclusions on standing to praise is yet to receive the attention it deserves. I defend two claims. The first is the conditional claim that if and are true, so are and. The latter are: a praiser (...) can lack the standing to praise herself for an act even if that act is praiseworthy and standingless, hypocritical praise is pro tanto morally wrongful. So I am suggesting that facts about standing to blame reflect more general facts about standing to hold responsible. The second is the claim that and are true. (shrink)

Many organizations, companies, and so on are committed to certain representational aims as regards the composition of their workforce. One motivation for such aims is the assumption that numerical underrepresentation of groups manifests discrimination against them. In this article, I articulate representational aims in a way that best captures this rationale. My main claim is that the achievement of such representational aims is reducible to the elimination of the effects of wrongful discrimination on individuals and that this very important concern (...) is, in principle, compatible with the representation of various groups diverging widely from their share of the overall population. The discussion also shows that we should ensure that a preoccupation with groups' numbers in relation to the population as a whole does not lead us away from our real aim, for example because we are blinded to the effects of discrimination against numerically overrepresented groups, or overlook the innocently different ambitions of some numerically underrepresented groups. In relation to the latter point, I appeal to the fact that many luck egalitarians think justice should be ambition sensitive. Also, the time-relative account of representational aims expounded shows that, and how, representational aims should accommodate the changing composition of populations over time. (shrink)