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.

Several leading theorists embrace the Simple Desert Account of Discrimination. This account involves two claims: it claims that a mismatch between what people deserve, on the one hand, and what they get, on the other hand, is (a) integral to discrimination, and (b) wrong. I shall query (a). First, I challenge what I see as the principal, positive argument for the Simple Desert Account. Second, in some cases wrongful discrimination brings about a better match between desert and what people get. (...) Situations in which this could be the case include those where: the discriminatee is a serial discriminator herself; the person wrongfully discriminated in favour of deserves greater advantages than she enjoys; by engaging in wrongful discrimination the discriminator reduces her moral deservingness and thereby the gap between her level of deservingness and her otherwise unfittingly low level of advantage. (shrink)

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)

When collective decisions should be made democratically, which people form the relevant demos? Many theorists think this question is an embarrassment to democratic theory: because any decision about who forms the demos must be made democratically by the right demos, which itself must be democratically constituted and so on ad infinitum; and because neither the concept of democracy, nor our reasons for caring about democracy, determine who should form the demos. Having distinguished between these three versions of the demos problem, (...) we argue that each of them can be solved. (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)

A notable feature of our practice of blaming is that blamees can dismiss blame for their own blameworthy actions when the blamer is censuring them hypocritically and, as it is often put, lacks standing to blame them as a result. This feature has received a good deal of philosophical attention in recent years. By contrast, no attention has been given the possibility that, likewise, refraining from blaming can be hypocritical and dismissed as standingless. I argue that hypocritical refrainers have a (...) duty to blame, if asked to do so, and possibly even if they are not asked to do so. Acknowledging this fact about hypocritical silence is crucial to an adequate understanding of our practice of blaming. Specifically, it bears on a worry that naturally arises when we consider cases where the blamee is blameworthy yet the blaming is problematic, because standingless. The worry is that, absurdly, the idea of standing justifies our being more interested in silencing preachers of virtue than making wrongdoers overcome vice. However, if one can lack standing not to blame, this concern is unwarranted. If there is such a thing as standing to blame, then sometimes one must, for reasons of standing, speak up in the face of wrongdoing, meaning, in effect, that one lacks the right not to challenge wrongdoers to improve. (shrink)

Many ethical theorists believe that a given distribution of healthcare is morally justified only if (1) it is cost-effective and (2) it does not discriminate against older adults and disabled people. However, if (3) cost-effectiveness involves maximizing the number of quality-adjusted life-years (QALYs) added by a given unit of healthcare resource, or cost, it seems the pursuit of cost-effectiveness will inevitably discriminate against older adults and disabled patients. I show why this trilemma is harder to escape than some theorists think. (...) We cannot avoid it by using age- or disability-weighted QALY scores, for example. I then explain why there is no sense of “discrimination” on which discrimination isbothunjust, and thus something healthcare rationing must avoid,andsomething cost-effective healthcare rationing inevitably involves. I go on to argue that many of the reasons we have for not favoring rationing that maximizes QALYs outside the healthcare context apply in healthcare as well. Thus, claim (1) above is dubious. (shrink)

In a series of excellent, recent papers, Deborah Hellman expounds the intuitively appealing idea that we have a duty not to compound injustice. Roughly, one compounds injustice when facts that obtain as a result of prior injustice form part of one’s reason for imposing further disadvantages on the victims of this prior injustice. This article identifies several complexities and problems motivating various amendments to Hellman’s formulation of the duty not to compound injustice. Critically, it argues that the intuitions she and (...) others have sought to explain in terms of the duty not to compound injustice are better explained by the duty not to cause additional harm to people who are already unjustly worse off – perhaps in conjunction with a duty not to implicate ourselves in injustice. (shrink)

On Pogge’s view, we —people living in rich countries— do not just allow the global poor to die. Rather, we interfere with them in such a way that we make them die on a massive scale. If we did the same through military aggression against them, surely, it would be permissible for these people to wage war on us to prevent this. Suppose Pogge’s analysis of the causes of global poverty is correct, and assume the moral permissibility of self-defence by (...) poor people in the hypothetical military action scenario just mentioned. If these assumptions are correct, poor countries could start just and, even possibly, morally permissible redistributive wars against us provided various additional conditions are met. To avoid misunderstanding, I should stress that my main claim is the conditional equivalence claim, namely that if Pogge’s analysis of the causes of global poverty is correct, our relation to poor countries is morally equivalent to one in which we each year killed many of the global poor by military means. I do not claim (i) that Pogge’s analysis is correct; (ii) that, as a matter of fact, it is morally permissible for poor countries to wage redistributive wars against rich countries; (iii) that it is not the case that anything that is impermissible for poor countries to do in the latter situation involving military aggression —e. g. deliberately targeting rich civilians— is impermissible in redistributive wars as well. (shrink)

Algorithm-assisted decision procedures—including some of the most high-profile ones, such as COMPAS—have been described as unfair because they compound injustice. The complaint is that in such procedures a decision disadvantaging members of a certain group is based on information reflecting the fact that the members of the group have already been unjustly disadvantaged. I assess this reasoning. First, I distinguish the anti-compounding duty from a related but distinct duty—the proportionality duty—from which at least some of the intuitive appeal of the (...) former illegitimately derives. Second, I distinguish between different versions of the anti-compounding duty, arguing that, on some versions, uses of algorithm-assisted decision procedures rarely clash with the anti-compounding duty. Third, drawing on examples of algorithm-assisted decision procedures, I present three objections to the idea that there is a reason not to compound injustice. The most important of these is that one can compound injustice in a non-disrespectful way, and that the wrongfulness of non-disrespectfully compounding injustice is fully explained by the proportionality duty. (shrink)

This is an interview by the Erasmus Journal for Philosophy and Economics with Kasper Lippert-Rasmussen, Xavier Ramos, and Dirk Van de gaer, conducted as part of a roundtable on the philosophy and economics of discrimination and inequality. The interview covers the concepts of discrimination and inequality; the current state of the literature on measuring discrimination and inequality; the relevance of measuring discrimination and inequality for policymaking; and the future of measuring discrimination and inequality.

It is impermissible to violate a constraint, even if by doing so a greater number of violations of the very same constraint were to be prevented. Most find this puzzling. But what makes the impermissibility of such minimizing violations puzzling? This article discusses some recent answers to this question. The article's first aim is to make clear in what way these answers differ. The second aim is to evaluate the answers, along with Kamm's and Nagel's proposed solutions of what they (...) see as the puzzle of constraints. The main thesis of the article is this: because defenders of constraints are not committed to any conception of valuable states of affairs, constraints do not conflict with maximizing rationality; but neither can they be accounted for in terms of impersonal values. (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)

abstract A police technique known as racial profiling draws on statistical beliefs about crime rates in racial groups. Supposing that such beliefs are true, and that racial profiling is effective in fighting crime, is such profiling morally justified? Recently, Risse and Zeckhauser have explored the racial profiling of African‐Americans and argued that justification is forthcoming from a utilitarian as well as deontological point of view. Drawing on criticisms made by G. A. Cohen of the incentives argument for inequality, I argue (...) that, assuming that crime rates between different racial groups would converge in the absence of racial discrimination and unjust inequality, racial profiling is comprehensively unjustified. I also explain that, because Risse and Zeckhauser simply compare the status quo with an outcome that differs from it only in respect of the practice of racial profiling, they fail to show that such profiling is non‐comprehensively justified. And, exploring the problem from the point of view of a deontological concern for fairness, I identify a number of situations in which it would be non‐comprehensively unjustified to implement racial profiling (as well as some in which it might be non‐comprehensively unjustified not to implement racial profiling). (shrink)

(No abstract is available for this citation).

Many egalitarians believe that social inequalities are worse than natural ones. Others deny that one can coherently distinguish between them. I argue that although one can separate the influence of these factors by an analysis of variance, the distinction is morally irrelevant. It might be alleged that my argument in favour of moral irrelevance attacks a straw man. While I think this allegation is incorrect, I accommodate it by distinguishing between four claims that are related to, and sometimes confused with, (...) the claim that social inequalities are worse. These are: that one has a stronger reason to eliminate inequalities that obtain between, or are produced by, members of one's own society; that inequalities that result from unfair treatment are worse; that inequalities that we make, rather than merely allowing to exist, are worse; and that it is bad if people are treated unfairly. Correspondence:c1 lippert@hum.ku.dk. (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)

The all-affected principle is a widely accepted solution to the problem of constituting the demos. Despite its popularity, a basic question in relation to the principle has not received much attention: why does the fact that an individual is affected by a certain decision ground a right to inclusion in democratic decision-making about that matter? An answer to this question must include a reason that explains why an affected individual should be included because she is affected. We identify three such (...) reasons in the literature – to wit, interest protection, self-government and welfare – and show why they all fail. We then propose two alternative reasons, equal relations and fairness, and show why they are also deficient. Surprisingly, the all-affected principle then appears groundless, which supports withholding belief in the all-affected principle or(/and) investing future research in identifying the thus-far unidentified reason why being affected grounds a claim to inclusion. (shrink)

Many theorists think that discrimination is wrongful because it involves treating discriminatees as if they have a lower moral status than others when in fact all people are moral equals. However, there are strong reasons, expounded by Peter Singer and others, to doubt that all people are indeed moral equals. While it may turn out that, ultimately, these reasons can be shown to be unsound, we cannot rule out the possibility that we are not all moral equals. If we are (...) not, discrimination cannot be wrong because it involves failure to treat people as moral equals. With this in mind, I propose two anti-inegalitarian accounts of the wrongness of discrimination – “anti-inegalitarian” rather than “egalitarian” because, strictly speaking, they do not posit equality of status, and “anti-inegalitarian” rather than “inegalitarian” because they reject almost all (and in the case of one of them, all) inequalities in status. These two accounts have many of the attractions of the moral equality account. Being immune to Singerian doubts about moral equality is also a strength of the accounts because it means that they are not hostage to the outcome of the intricate debate over moral equality. Lastly, the anti-inegalitarian accounts I propose are in some ways preferable to the moral equality account because they have certain implications for the wrongness of discrimination that an account given in terms of moral equality does not have, and which egalitarians so far have not theorized. (shrink)

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)

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)

With regard to intrinsically morally relevant factors it is natural to suppose that if a variation in a given factor makes a moral difference anywhere, then it makes the same moral difference everywhere (henceforth: the constancy assumption). Jonathan Dancy (and other moral particularists) reject the constancy assumption. Partly on the basis thereof, they infer that ethical decisions should be made “case by case, without the comforting support of moral principles”. In this article, I challenge Dancy's defence and use of a (...) denial of the constancy assumption on three points. First, Dancy's appeal to moral intuitions do not justify denying a significant version of the constancy assumption. Second, if we reject the constancy assumption, surprisingly, it may in one crucial respect be very hard to defend moral particularism as commonly articulated. Third, rejecting the constancy assumption does not motivate seeing moral reasoning as essentially a case‐by‐case matter. (shrink)

G. A. Cohen’s critique of standard liberal interpretations of the difference principle has been very influential. According to Cohen, justice is not realized simply because the state’s tax policies and other distributive tools maximize the position of the worst off. Rather – possibly in addition to, but not to the exclusion of, certain state policies – justice requires talented people to improve the position of the worst off through their actions in their daily lives. Specifically, it prohibits talented people from (...) insisting on inequality-causing incentives. To this extent, Cohen’s view of distributive justice is anti-statist. On standard liberal interpretations, human rights are such that, logically, they can be violated only by states, not private individuals. An individual who tortures someone commits a moral wrong but does not violate the victim’s human rights. For this reason, the crime is less problematic than it would have been had a police officer done it on behalf of the state. To this extent the standard liberal understanding of human rights is statist. This parallel between liberal understandings of distributive justice and human rights raises two questions: Is the statist understanding of human rights vulnerable to Cohenian criticisms parallel to those that he canvasses against the statist understanding of distributive justice? If so, should we welcome an anti-statist understanding of human rights, or should we see it as a problem with Cohen’s critique of a statist focus in distributive justice that it commits us to an implausible anti-statist view of human rights? (shrink)

PhD, Institute of Public Health, Unit of Medical Philosophy and Clinical Theory, University of Copenhagen, Øster Farimagsgade 5, P.O. Box 2099 1014 Copenhagen. Tel: +45 30 32 33 63; Email: s.lauridsen{at}pubhealth.ku.dk ' + u + '@ ' + d + ' '/ /- ->Citizens’ consent to political decisions is often regarded as a necessary condition of political legitimacy. Consequently, legitimate allocation of healthcare has seemed almost unattainable in contemporary pluralistic societies. The problem is that citizens do not agree on any (...) single principle governing priorities among groups of patients. The Accountability for Reasonableness framework suggests an ingenious solution to this problem of moral disagreement. Rather than advocating any substantive distributive principle, its advocates propose a feasible set of conditions, which, if met by decision makers at the institutional level, provide, so it is promised, legitimate decisions. While we agree that A4R represents an important contribution to the priority-setting debate, we challenge the framework in two respects. First, we argue that A4R, and more specifically the relevance condition of A4R, does not enable healthcare institutions to generally distinguish between relevant and irrelevant reasons for priority-setting. Second, we criticize Daniels’ and Sabin's argument that A4R and deliberative democracy constitute necessary and sufficient conditions of a feasible procedure for setting legitimate limits within healthcare. CiteULike Connotea Del.icio.us What's this? (shrink)

In recent years, neuroscience has been making dramatic progress. The discipline holds great promise but also raises a number of important ethical concerns. Among these is the concern that, some day in the distant future, we will have brain scanners capable of reading our minds, thus making our inner thoughts transparent to others. There are at least two reasons why we might regret our resulting loss of privacy. One is, so the argument goes, that this would undermine our ability to (...) form intimate relations. Another is that the omnipresent gaze of others would render an authentic inner life impossible. I argue that both of these concerns are exaggerated. First, intimacy might flourish through the differential acknowledgement of knowledge as common knowledge; for example, even if I know that both a friend and my taxi driver know that I have kinky sexual fantasies, I might only acknowledge this as common knowledge and, thus, an admissible piece of conversation with my friend, and this differential acknowledgement might be enforced by norms of social interaction. Second, the gaze of others would become much less oppressive if everyone’s inner lives were transparent to everyone else. I also argue that our minds are already partly transparent to others through the use of non-neuroscience-assisted mindreading techniques and, thus, that the latter offer no distinct threat to mind privacy. I offer an additional argument for this conclusion; to wit, that our minds extend beyond our brains. (shrink)

On 24 July 2022, the landmark decision Roe v. Wade (1973), that secured a right to abortion for decades, was overruled by the US Supreme Court. The Court decision in Dobbs v. Jackson Women’s Health Organisation severely restricts access to legal abortion care in the USA, since it will give the states the power to ban abortion. It has been claimed that overruling Roe will have disproportionate impacts on women of color and that restricting access to abortion contributes to or (...) amounts to structural racism. In this paper, we consider whether restricting abortion access as a consequence of overruling Roe could be understood as discrimination against women of color (and women in general). We argue that banning abortion is indirectly discriminatory against women of color and directly (but neither indirectly, nor structurally) discriminatory against women in general. (shrink)

According to Thomas Pogge, rich people do not simply violate a positive duty of assistance to help the global poor; rather, they violate a negative duty not to harm them. They do so by imposing an unjust global economic structure on poor people. Assuming that these claims are correct, it follows that, ceteris paribus, wars waged by the poor against the rich to resist this imposition are morally equivalent to wars waged in self-defense against military aggression. Hence, if self-defense against (...) military aggression is just, then, ceteris paribus, so are defensive wars against the imposition of economic injustice. While I do not think Pogge’s analysis of the causes of global poverty is correct, I defend these inferences against various challenges. (shrink)

Fabre defends a human rights‐focused cosmopolitan theory of peace. One would expect that, given this view, she would be in favour of human rights‐promoting annexations by liberal states. However, she distances herself from this view, adopting the common‐sense view that annexing states ‘act ultra vires’. I argue that her core cosmopolitan view motivates a different and, in principle, much more positive view of four types of annexations. In the course of defending this view, I take a critical look at her (...) appeal to perverse moral incentives and the notion of a cosmopolitan ethos. (shrink)

Internalism – here the view that moral judgments entail motivation – is often taken to support non-cognitivism about morality. However, Michael Smith has defended a variety of it in combination with a cognitivist account of morality. Despite the eminence of Smith’s contribution, his case in favour of internalism is flawed. I distinguish several internalist positions and argue that Smith’s version, unlike standard ones, expresses a view about, not the nature of the state one is in when one makes a moral (...) judgment, but the norms of practical rationality. I then defend the externalist appeal to the possibility of amoralism. Such an appeal need not beg the question against internalism and can in any case be backed up by independent considerations. Moreover, neither of Smith’s two main arguments in favour of internalism – the reliable connection argument and the appeal to rationalism about moral requirements – are sound. Having shored up the case for externalism and dismissed Smith’s case against it, I end the essay with a suggestion as to why many philosophers have been attracted to internalism even though the theory turns out to be ill-founded. (shrink)

A national opt-out system of post-mortem donation of scarce organs is preferable to an opt-in system. Unfortunately, the former system is not always feasible, and so in a recent JME article we canvassed the possibility of offering people a tax break for opting-in as a way of increasing the number of organs available for donation under an opt-in regime. Muireann Quigley and James Stacey Taylor criticize our proposal. Roughly, Quigley argues that our proposal is costly and, hence, is unlikely to (...) be implemented, while Taylor contests our response to a Titmuss-style objection to our scheme. In response to Quigley, we note that our proposal’s main attraction lies in gains not reflected in the figures presented by Quigley and that the mere fact that it is costly does not imply that it is unfeasible. In response to Taylor, we offer some textual evidence in support of our interpretation of Taylor and responds to his favoured interpretation of the Titmuss-style objection that many people seem to want to donate to charities even if they can deduct their donations from their income tax. Finally, we show why our views do not commit us to endorsing a free organ-market. (shrink)

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)

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)

It is sometimes asserted that enabling harm is morally equivalent to allowing harm. In this article, I criticize this view. Positively, I show that cases involving self-defence and cases involving people acting on the basis of a reasonable belief to the effect that certain obstacles to harm will remain in place, or will be put in place, show that enabling harm is harder to justify than allowing it. Negatively, I argue that certain cases offered in defence of the moral equivalence (...) thesis fail, because either their similarity with the archetypal trolley case limits their relevance to an assessment of this thesis, or they are compromised by their reliance on the elusive notion of a situation being completely stable. (shrink)

According to US law, insurance companies can lawfully differentiate individual health insurance premiums on the basis of non-genetic medical information, but not on the basis of genetic information. The article reviews the case for such genetic exceptionalism. First, I critically assess some standard justifications. Next, I scrutinize an argument appealing to the view that genetically based premium differentiation expresses that persons do not all merit equal concern and respect. In the final section, I argue that even if genetic exceptionalism is (...) unjustified, there is a forceful luck egalitarian argument against basing premiums on genetic risks, to wit, that this tends to make some individuals worse off than others as a result of the bad brute luck involved in having a genetically determined, above-average risk of developing health problems. (shrink)

A recent argument by Nadelhoffer et al. defends a cautious optimism regarding the use of neuroprediction in relation to sentencing based, in part, on an assessment of the offender’s dangerousness. While this optimism may be warranted, Nadelhoffer et al.’s argument fails to justify it. Although neuropredictions provide individualized, non-statistical evidence they will often be problematic for the same reason that basing sentencing on statistical evidence is, to wit, that such predictions are insensitive to the offender’s dangerousness in relevant counterfactual situations (...) and, accordingly, fail to provide the court with knowledge of the offender’s dangerousness. Admittedly, it could be replied that standard clinical assessments of dangerousness possess the same objectionable feature, but doing so undermines a different part of Nadelhoffer et al.’s argument. Finally, I criticize an incentives-based rationale for sentencing informed by neuropredictions of dangerousness. (shrink)

In the final parts of Piketty’s Capital and Ideology, he presents his vision for a just and more equal society. This vision marks an alternative to contemporary societies, and differs radically both from the planned Soviet economies and from social democratic welfare states. In his sketch of this vision, Piketty provides a principled account of how such a society would look and how it would modify the current status of private property through co-managed enterprises and the creation of temporary ownership (...) models. He also sets out two principles for when inequalities are just. The first principle permits inequalities that are beneficial to the worst-off, while the second permits inequalities that reflect differences in people’s choices and ambitions. This article identifies a tension between Piketty’s two inequality-permitting principles. It also argues that the procedural limits on how decisions are made within the enterprises of participatory socialism might create inequalities not permitted by the guiding distributive principles of participatory socialism. This tension points to the need for either further changes in firm structure and ownership, an even more progressive taxation scheme, or an egalitarian ethos reflected in citizens’ choices in their everyday lives under participatory socialism. (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)

In The Ends of Harm Victor Tadros develops an alternative to consequentialist, and non-consequentialist retributivist, accounts of the justifiability of punishment: the duty view. Crucial to this view is the claim that wrongdoers incur an enforceable duty to remedy their wrongs. They cannot undo them, but they can do something that is almost as good—namely, by submitting to appropriate punishment, which will deter potential wrongdoers in the future, reduce their victim’s risk of suffering similar wrongs again. Admittedly, this involves harming (...) wrongdoers as a means to an end, but according to Tadros the ‘means principle’ that we should not harm others as a means, properly construed, does not apply to cases where the victim has an enforceable duty to bear the kind of harm that he or she is being made to suffer. In this article, I shall express reservations about Tadros’ defense and interpretation of the means principle. In presenting his position, Tadros also sets out some interesting anti-retributivist considerations casting doubt on the idea that wrongdoers’ suffering is non-instrumentally good. I shall challenge these. Finally, I shall suggest that the duty view may have counterintuitive implications in relation to wrongs where the offender helps to lower the risk that victims will be subjected to similar wrongs in ways other than by being punished. (shrink)