Kok-Chor Tan addresses three key questions in political philosophy: Where does distributive equality matter? Why does it matter? And among whom does it matter? He argues for an institutional site for egalitarian justice, a luck-egalitarian ideal of why equality matters, and a global scope for distributive justice.

Should a liberal constitution constrain the racially discriminatory actions of state as well as nonstate employers? This essay answers in the affirmative, arguing that once we take seriously the right to nondiscrimination on the basis of race in terms of employment, we realize that such a constitution must constrain the actions of both. In doing so, this essay draws from John Rawls’s four-stage sequence, a sequence that suggests one way philosophical principles translate into constitutional design. A Theory of Justice is (...) the go-to theory for a wide range of political issues from a perspective of liberal theory, but scholars have paid less attention to it and comparative constitutional law. I take up this neglected inquiry by focusing on the distinction between the horizontal and vertical effect of a right not to be discriminated against on the basis of race in matters of employment. My analysis draws from the United States Constitution and the Constitution of the Republic of South Africa. A vertical effect constrains state power: a right to nondiscrimination is violated only when a state or public body discriminates on the basis of race. A horizontal effect constrains nonstate actors: a private employer may violate rights by discriminating on the basis of race. I argue that, in line with the South African Constitution, Rawls importantly adopts a horizontal effect of the right not to be discriminated against on the basis of race by ensuring formal equality of opportunity. His theory of justice suggests that a liberal constitution ought to constrain the racially discriminatory actions of both state and nonstate employers. This, in turn, represents an important response to racism that occurs in the private sphere. (shrink)

ExtractPolitical liberals very often appeal to a so-called division of moral labour that separates the regulation of institutions from that of personal conduct. Probably the most famous statement of this idea is found in these remarks from John Rawls: The principles of justice for institutions must not be confused with the principles which apply to individuals and their actions in particular circumstances. These two kinds of principles apply to different subjects and must be discussed separately., p. 47) Kok-Chor Tan's excellent (...) new book renews and extends the case for accepting some version of Rawls's view, which Tan calls the ‘institutional focus’ in distributive justice. If Tan is right, then the liberal focus on institutions is not only defensible in its own right, but also helps support further elements of egalitarian theorizing, including some that Rawlsians often reject. In particular, Tan believes that a focus on institutions helps secure a more plausible ‘luck egalitarian’ approach to distributive justice, and that it also supports a version of cosmopolitanism about global justice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. Kok-Chor Tan, Justice, Institutions, and Luck: The Site, Ground, and Scope of Equality, pp. ix + 208.Volume 25, Issue 1DANIEL HALLIDAY DOI: https://doi.org/10.1017/S0953820812000520Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Courts commonly allow willful ignorance to satisfy the knowledge element of a crime. The traditional rationale for this doctrine is that willfully ignorant misconduct is just as culpable as knowing misconduct. But it is not obvious that this “equal culpability thesis” holds across the board. Is it true in all cases of willful ignorance or only some? This is the question I investigate here. -/- Specifically, I argue against several common versions of the equal culpability thesis before defending my own (...) restricted version. First, I argue that the broadest version of the thesis, adopted by many courts, is overinclusive. Then I argue against several restricted versions of the thesis offered by legal theorists including Doug Husak, David Luban, and Deborah Hellman. My own account, by contrast, is premised on a duty of reasonable investigation. If my account is on the right track, the widely employed willful ignorance doctrine stands in need of reform. (shrink)

Luck egalitarians equalize the outcome enjoyed by people who exemplify the same degree of distributive desert by removing the influence of luck. They also try to calibrate differential rewards according to the pattern of distributive desert. This entails that they have to decide upon, among other things, the rate of reward, i.e., a principled way of distributing rewards to groups exercising different degrees of the relevant desert. However, the problem of the choice of reward principle is a relatively and undeservedly (...) neglected issue among luck egalitarians. The main goal of this paper is to highlight the importance and difficulty of this problem, and to elaborate upon G. A. Cohen's community-oriented response to it. In the last section, I provide a taxonomy of distributive pluralism, contrasting Cohen’s view with other (not so genuine) pluralisms - especially with all-things-considered varieties - while trying to motivate readers to adopt the more robust form of pluralism. (shrink)

The egalitarian values of equality and priority are standardly given maximal scope in that they are applied to the overall condition of peoples' lives and to temporally complete lifetimes. They are also standardly restricted to interpersonal choices. This paper argues that egalitarian values can also reasonably be applied to particular dimensions of lives, to people at particular times, and to choices made about one person's life. It contends that these special applications of egalitarianism are easier to defend in (...) the case of priority than in the case of equality. (shrink)

In Modern Isonomy distinguished political theorist Gerald Stourzh develops the idea of "isonomy" or a system of equal rights for all, as an alternative to the concept of "democracy." The ideal for Stourzh is a state, and indeed a world, in which individual rights, including the right to participate in politics equally, are clearly defined, and possessed by all, as the core of a real democratic system. Stourzh begins with ancient Greek thought contrasting isonomy--which is associated with the rule of (...) the many--with oligarchies and monarchies, pursuing the implications of these different forms for the rights accorded to individuals. He moves on through history to discuss the American experiment with the development of representative democracy as well as the French revolution, after which the idea that rights should not be influenced by the status of the individual became the bedrock of a democratic system. But progress on the creation and protection of individual rights for all has been uneven. Democratic systems themselves often limit the scope of rights, particularly rights to participate in the political system. Stourzh brings this learned exploration forward to the discussions of human rights and democracy in the postwar period, with the end of the colonial empires and the fall of fascist dictatorships. He demonstrates how deeply intertwined equal rights for all, under law, as a concept and practice are with the development of democracy. He then explores the challenges to the idea of equal rights posed by economic inequality and the demands of the "security state" and concludes with a discussion of universal human rights which, under his idea of isonomy, will require bodies superior to nation-states to enforce. (shrink)

G. A. Cohen incisively argued that our judgments of social justice should fit our convictions about how to interact with others in our personal lives. Ironically, the ordinary morality of cooperation invoked in his last book undermines his favored principle of equality, and supports John Rawls' reliance on a relevantly impartial choice promoting appropriate fundamental interests as a basis for distributive standards. His further objections to Rawls' account of distributive justice neglect the role of social relations in establishing the (...) proper scope of that impartiality and the moral force of Rawls' taxonomy of non-ideal societies. In contrast, the powerful evocation of goods of community at the end of Cohen's last book points to a genuine inadequacy. Conscientious fellow-citizens must take account of the impact of their political choices on options for sharing and caring. In finding a proper balance between these goods and competing individualist concerns, the original position is of too little use to sustain Rawls' assessment of his conception of justice as complete. In the face of our strong moral convictions about how to live together, both Cohen's luck egalitarianism and Rawls' barriers between aspirations to community and political choice must give way. (shrink)

In this paper, I examine the question of the scope of justice, in a not unusual distributive, egalitarian, and universalistic framework. Part I outlines some central features of the egalitarian theory of justice I am proposing. According to such a conception, justice is – at least prima facie – immediately universal, and therefore global. It does not morally recognize any judicial boundaries or limits. Part II examines whether, even from a universalistic perspective, there are moral or pragmatic grounds for (...) rejecting or limiting the global scope of justice. In particular, I scrutinize five universalistic objections: (1) the principle of “moral division of labor”; (2) the connection between cooperation and distributive justice; (3) the primacy of democracy; (4) the dangers of a world state; and (5) political‐pragmatic reasons. I intend to show that these objections cannot undermine the strong normative claims of global justice. At the most, political‐pragmatic reasons speak in favor of initially striving for somewhat less, in order to receive more general backing. (shrink)

Ockham is sometimes regarded as the chief source for a view of rights as arbitrary powers of radically isolated individuals. In fact he provides a quintessentially “reasonable” conception of natural or human rights, one which suggests a promising answer to the question of what such rights are, namely, capacities for reasonable activity. This view of personal rights is complemented by Ockham’s equally reasonable and suggestive account of what is naturally “right” for human communities in different human conditions. The unusual situation (...) in which Ockham developed these ideas—as a theologian attacking the doctrinal pronouncements of a reigning pope—raises problems for extracting a systematic philosophical theory from his voluminous output, but the polemical setting of his political writings also gives them a certain relevance to current disputes about the place of secular thought in religious contexts. (shrink)

On social equality, individuals ought to relate on terms of equality. An important issue concerning this theory, which has not received much attention, is its scope: which individuals ought to relate on egalitarian terms? The answer depends on the theory’s grounds: the basis upon which demands of social equality arise when they do. In this chapter, I consider how we ought to construe the scope and the grounds of social equality. I argue that underlying (...) the considerations social egalitarians advance for taking demands of social equality to arise in the context of the state are relational facts that can obtain beyond state borders. So, my argument suggests an account of the grounds of social equality, and this account provides support for the scope of social equality potentially transcending the state. (shrink)

Should priority in the allocation of organs be given to those who have previously donated or declared their willingness to do so? This article examines the Israeli priority rule in light of two prominent critiques of priority rules, pertaining to failure to reciprocate and unfairness. The scope and content of these critiques are interpreted from the perspective of equality of opportunity. Because the Israeli priority rule may be reasonably criticized for unfairness and failing to reward certain behaviors, the (...) article develops an adjusted priority rule, which removes and adjust the elements in the Israeli priority rule deemed problematic. However, such a priority rule is complex to the extent that it may fail to increase donation rates and furthermore introduce new concerns of fairness, as the better off may be better able to navigate the complex adjusted priority rule. (shrink)

This paper concerns what if any obligations a “society of equals” has to criminal offenders after legal punishment ends. In the United States, when people leave prisons, they are confronted with a wide range of federal, state, and local laws that burden their ability to secure welfare benefits, public housing, employment opportunities, and student loans. Since the 1980s, these legal consequences of criminal convictions have steadily increased in their number, severity, and scope. The central question I want to ask (...) is whether the infliction of these burdensome legal consequences for those who have already been punished by the state is consistent with the ideal of equality. I argue that these collateral legal consequences violate relational egalitarian principles of justice and are thus objectionable. I conclude by examining possible objections to my argument. (shrink)

In this paper, I examine the scope and limits of Brian Barry’s uniform treatment approach to cultural differences through a critical assessment of its two main arguments. The first maintains that under a regime of institutions serving legitimate public purposes, equal opportunity is an objective state of affairs, and religious or cultural maladjustments to laws and public policies are morally irrelevant to the issue of equal opportunity. The other maintains that unlike physical disabilities, religious and cultural affiliations are the (...) result not of morally arbitrary factors over which one has no control but of life choices for which people must assume responsibility. To the first argument, I respond that equal opportunity is best viewed as an interactive phenomenon encompassing subjective and objective components and that a deliberative approach to cultural claims is more likely than Barry’s uniform approach does to grant religious and cultural minorities equal opportunities and equal treatment. To the second argument, I respond that, even if they arise out of the life choices made by people, religious conducts and cultural practices deserve to be accommodated through law exemption because it is sometimes the only way our liberal democracies can show respect for citizens as ethical subjects. (shrink)

The idea that a just political system must ignore or nullify socially caused initial advantages in competing for positions and other social benefits is as old as political philosophy itself. Plato called for social mobility among his classes so that all could gravitate toward the classes for which their temperaments naturally suited them. The idea that the system must take positive steps to correct for these differences among individuals is likewise as old as the concept of public education, the supposed (...) great equalizer. But the claim that society must correct also for natural differences among individuals – differences in intelligence, talents, beauty, and physical prowess – is far more recent, having been articulated most forcefully by Rawls. The reasoning underlying this further step toward a more radical notion of equal opportunity appeals to the fact that natural differences are equally arbitrary from a moral point of view as a basis for differential rewards as are socially caused differences. A person no more deserves to be born smart than rich. Why then should the former but not the latter be allowed to influence future benefits and rewards? A negative answer, however, creates a tension within a liberal theory of justice between the demand to nullify natural differences, or to use them to the benefit of those least well endowed, and the demand to respect distinct individuals that supposedly grounds such a theory. (shrink)

The idea that a just political system must ignore or nullify socially caused initial advantages in competing for positions and other social benefits is as old as political philosophy itself. Plato called for social mobility among his classes so that all could gravitate toward the classes for which their temperaments naturally suited them. The idea that the system must take positive steps to correct for these differences among individuals is likewise as old as the concept of public education, the supposed (...) great equalizer. But the claim that society must correct also for natural differences among individuals – differences in intelligence, talents, beauty, and physical prowess – is far more recent, having been articulated most forcefully by Rawls. The reasoning underlying this further step toward a more radical notion of equal opportunity appeals to the fact that natural differences are equally arbitrary from a moral point of view as a basis for differential rewards as are socially caused differences. A person no more deserves to be born smart than rich. Why then should the former but not the latter be allowed to influence future benefits and rewards? A negative answer, however, creates a tension within a liberal theory of justice between the demand to nullify natural differences, or to use them to the benefit of those least well endowed, and the demand to respect distinct individuals that supposedly grounds such a theory. (shrink)

Can a society be just if it ignores the plight of other societies? Does it matter whether those societies are contemporaries? Moral “purists” are likely to assume that the answer to these questions must be “no.” Relying on familiar claims about impartiality or universalizability, the purist is likely to assert that the dictates of justice have no bounds, that they extend with equal strength across space and time. On this view, if, for example, justice requires us to maximize the expectations (...) of the worst-off group in our society, it also requires us to maximize the expectations of the worst-off group in any society, at any time, so far as it is in our power to do so. Is such a position plausible? Is it more plausible than alternative positions? I am unsure about the answers to these questions, but both the questions, and the answers, are important. Clearly, the nature and extent of a just society's obligations will vary markedly depending on the scope of the correct principles of justice. (shrink)

In this article, we defend a normative theory of prenatal equality of opportunity, based on a critical revision of Rawls's principle of fair equality of opportunity . We argue that if natural endowments are defined as biological properties possessed at birth and the distribution of natural endowments is seen as beyond the scope of justice, Rawls's FEO allows for inequalities that undermine the social conditions of a property-owning democracy. We show this by considering the foetal programming of (...) disease and the possibility of germ-line modifications. If children of lower socioeconomic background are more likely to develop in a poor foetal environment and germ-line enhancements are available only to the rich, initial inequalities between the rich and the poor would grow, and yet FEO would be satisfied. In order to avoid the problem, we propose a revised FEO principle omitting any reference to the comparison of natural endowments. Our revised FEO requires that institutions mitigate social class effect from reproduction and gestation to the greatest extent compatible with parental freedoms and the value of the family. (shrink)

According to Corey Brettschneider, we can protect freedom of religion and promote equality, by distinguishing religious groups’ claims to freedom of expression and association from their claims to financial and verbal support from the state. I am very sympathetic to this position, which fits well with my own views of democratic rights and duties, and with the importance of recognizing the scope for political choice which democratic politics offers to governments and to citizens. This room for political choice, (...) I believe, is necessary if people are to have any chance of reconciling the conflicting moral and political obligations they are likely to face, however idealized our conception of democracy or morality. Granted that no amount of personal and political choice will ever guarantee that we do not encounter tragic choices, and painfully conflicting moral demands, it is an important feature of democracy – or so I believe – that its rights reflect the importance of mitigating these conflicts so that people are able, as a rule, to act as they ought, so that they do not experience their moral sentiments, beliefs and capacities simply as grounds for recrimination, alienation and despair. I therefore believe that democracies have good reason not to force the consciences of the undemocratic and the intolerant, where it is possible to accommodate such people without threatening the rights of others. However, the fact that I share many of Brettschneider’s intuitions and beliefs does not mean that I share them all. In particular, I find his conception of democracy unduly narrow, and unduly based on a rather idealized conception of the American constitution which is unlikely to appeal to those whose conceptions of democracy are more republican, more socialist, more pragmatic and more international than his. I have explained these worries elsewhere and drawn out some of their implications for his arguments about privacy and judicial review. There is no need to repeat them here. I will also set to one side my worries about his uninflected, overly abstract and rather reified characterization of the State, in the hope that others will discuss this and that, in the end, a more nuanced conception of the State and a more lively appreciation of the conflicting people, institutions, histories and norms which make up most states, will prove consistent with his arguments. Finally, I do not propose to enter into a detailed discussion of the difficulties of Brettschneider’s overly abstract and reified conception of State ‘speech’ and ‘expression’ which, while motivated by the language of American constitutionalism, appears to cover pretty much anything a government might do, from raising and spending taxes, to accepting judicial interpretations of contested constitutional provisions, or to affirmatively pronouncing on the goals that will animate its legislative agenda and its aspirations for citizen’s lives. Again, while I would have wished for a more nuanced and analytical discussion of so central a concept as ‘expression’ and, in particular, expression by ‘the State’, I am uncertain that anything fundamental in Brettschneider’s account of citizen rights and duties would be altered in the process. Instead, then, I want to focus on points in Brettschneider’s argument that intrigue, and sometimes puzzle, me the most and where issues of nuance and clarification might make a substantial difference to our views of equality and religious freedom. (shrink)

Equality is typically presumed to be an end of justice; however, in this chapter, we argue that it is better understood as a condition of justice. Our argument draws on the Just World Fallacy, the phenomenon of people mistakenly believing fortuitous patterns of reward or harm to be reflective of justice. This phenomenon can undermine relationships of equality even where differences in reward or harm are ostensibly deserved. If everyone received equal pay, then the propensity for people to (...) defer to the more successful or derogate the less successful would be diminished, and thus there would be greater scope for people to enter into the sorts of relationships of equal respect and regard that just communities require. (shrink)

This article brings together two debates in contemporary political philosophy: on the one hand, the dispute between the distributive and relational approaches to equality and, on the other hand, the field of intergenerational equality. I offer an original contribution to the second domain and by doing so, I inform the first. The aim of this article is thus twofold: shedding some light on an under-researched and yet crucial question – ‘which inequalities between generations matter?’ and contributing to a (...) far-reaching debate that touches upon the nature of egalitarianism. After showing that there are two key problems that fall within the scope of intergenerational equality – questions of justice between age groups and questions of equality between birth cohorts – I argue that, contrary to what the default distributive view states, some inequalities between age groups matter independently of their diachronic impact, and so partly for relational reasons. I argue that, even if we are distributive egalitarians, we must endorse the relational egalitarian conception to successfully make sense of some inequalities between age groups. I infer from this both that the putative view that the ‘relational’ conception of equality can be redescribed as distributive must be rejected and that the distributive view requires supplementation by the relational view. (shrink)

In recent years, there has been renewed interest in the question of when, if ever, the state may use coercion to enforce majority views about what types of conduct are right or wrong, noble or base, decent or indecent. Such interest has been generated by both political and philosophibal pressures. In recent political history, controversies over such issues as abortion, homosexuality, pornography, textbooks in schools, new reproductive technologies such as surrogate parenting and in vitro fertilization, and faith healing have focused (...) attention on the role of the state in supporting or opposing various moral views. In political philosophy, often a theoretical reflection of the political debates of the time, we have seen renewed attempts to provide a satisfactory foundation for traditional liberal views of the legitimate scope of state power. In particular, there has been an emphasis on the neutrality of the liberal state and the right of individuals to be treated as equals by the state. (shrink)

© 2016 Informa UK Limited, trading as Taylor & Francis Group. David Miller’s political philosophy of immigration employs two complementary argumentative strategies to challenge open border theories. The first strategy is to defeat the principled case for open borders, such as the global equality of opportunity argument for more lax immigration control. The second strategy is to establish the democratic community’s prima facie right to determine the shape of its future, including membership and the right to exclude. First, I (...) argue that Miller’s conception of global equality of opportunity is overly narrow and that his objections to the principle, to the metric and to what counts as feasible political action misfire against other, more plausible, accounts. Second, I argue that his democratic interpretation of collective self-determination does not solve the pressing question concerning the morally justified scope and content of self-determination and the moral limits of the right to exclude. I conclude by questioning Miller’s general strategy: whether theories of immigration should be engaged in an exercise of shifting the burden of proof between open and closed borders. By contrast, I argue that a more desirable task for the political philosophy of immigration is to find ways in which the joint requirement of global equality of opportunity and collective self-determination can be coherently upheld. (shrink)

The article concerns selected problems related to the postulates of equalizing the level of positive liberty. The classic understanding of individual freedom, called as negative, identified with a lack of compulsion, can be in opposition to the so-called positive liberty. The last notion is generally defined by an ability, which brings its relation with a concept of power. The postulate of equality in “freedom to” can be justification for conducting a social redistribution of goods. The cases of voluntary and (...) compulsory donation are considered in the text, whose aim is to visualize consequences resulting from a compulsory expansion of the scope of positive liberty. (shrink)

BackgroundClinical trials should be as inclusive as possible to facilitate equitable access to research and better reflect the population towards which any intervention is aimed. Informed by the UK’s National Institute for Health and Care Research (NIHR) Innovations in Clinical Trial Design and Delivery for the Under-served (INCLUDE) guidance, we audited oncology trials conducted by the Clinical Trials and Statistics Unit at The Institute of Cancer Research, London (ICR-CTSU) to identify whether essential documents were overtly excluding any groups and whether (...) sufficient data were collected to assess diversity of trial participants from groups suggested by INCLUDE as under-served by research in the UK.MethodsThirty cancer clinical trials managed by ICR-CTSU and approved between 2011–2021 were audited. The first ethics approved version of each trial’s protocol, patient information sheet, and patient completed questionnaire, together with the first case report forms (CRFs) version were reviewed. A range of items aligned with the INCLUDE under-served groups were assessed, including age, sex and gender, socio-economic and health factors. The scope did not cover trial processes in participating hospitals.ResultsData relating to participants’ age, ethnic group and health status were well collected and no upper age limit was specified in any trials’ eligibility criteria. 23/30 (77%) information sheets used at least one gendered term to address patients. Most CRFs did not specify whether they were collecting sex or gender and only included male or female categories. The median reading age for information sheets was 15–16 years (IQR: 14–15 – 16–17). Socio-economic factors were not routinely collected and not commonly mentioned in trial protocols.ConclusionsNo systemic issues were identified in protocols which would explicitly prevent any under-served group from participating. Areas for improvement include reducing use of gendered words and improving readability of patient information. The challenge of fully assessing adequate inclusion of under-served populations remains, as socio-economic factors are not routinely collected because they fall beyond the data generally required for protocol-specified trial endpoint assessments. This audit has highlighted the need to agree and standardise demographic data collection to permit adequate monitoring of the under-served groups identified by the NIHR. (shrink)

This paper concerns the problem of moral luck—the fact that our moral judgements appear to depend, perhaps unjustifiably, on matters of luck. The history and scope of the problem are discussed. It is suggested that our result-sensitive sentiments have their origin in views about moral pollution we might now wish to reject in favour of a volitionalist ethics.

The scope of social policy today is extensive. With the changing global scenario, there is a rediscovery of “social” in it. Indubitably, there is a gender perspective on social policy globally. The world Economic Forum states that there are only six countries in the world (Belgium, Denmark, France, Latvia, Luxembourg and Sweden) where women have equal work rights to men. It is noted that the situation in different countries varies when it comes to the working benefits of different genders (...) whether for native or expatriate workers in those places. Though there are rooms to enjoy attractive income and favourable working conditions such as job security, generous retirement plan, and other welfare benefits, there are still various factors that might lead to gender-based differences or gender discrimination in the unique labour market context of the GCC countries. The scenario is distinct in many Scandinavian nations like Sweden. Those countries are often considered the role model for gender equal work allowances. When it comes to India there is still disparity and difference in many areas despite the social security system the country offers in its policies. This paper aims at a descriptive and qualitative study on the causes, consequences and conclusion of the gender disparity in employee allowances in these nations. The study would imply a simple random method of interrogation to examine gender differences empirically within the labour market of the mentioned nations. The economic benefits of a gender-equal nation in the framing of social policy will be emphasized and focused on. (shrink)

Norman Daniels's new book, Just Health, brings together his decades of work on the problem of justice and health. It improves on earlier writings by discussing how we can meet health needs fairly when we cannot meet them all and by attending to the implications of the socioeconomic determinants of health. In this article I return to the core idea around which the entire theory is built: that the principle of equality of opportunity grounds a societal obligation to meet (...) health needs. I point, first, that nowhere does Daniels say just what version of that principle he accepts. I then proceed to construct a principle on his behalf, based on a faithful reading of Just Health. Once we actually nail down the principle, I argue, we will find that there are two problems: it is implausible in itself, and it fails to ground a societal obligation to meet health needs. (shrink)

Aristotle is critical of the political egalitarianism advocated by ancient participatory democracies on the grounds that serious inequalities exist among citizens. Nevertheless, when he constructs his own complete political ideal in his Politics, he advocates an egalitarianism that is even stronger and wider in scope than the democratic one; it goes beyond equal political shares, proposing equality in many other things, including resources and wealth. Such strong egalitarianism is motivated by the kind of complete political ideal he aims (...) to delineate—a city possessing the best constitution and all the other good-making characteristics of a polis. To ground such characteristics, Aristotle makes several ideal assumptions about the human and non-human resources necessary for a polis. Some of these assumptions secure the kind of equality in political capacities and virtue among the citizens Aristotle needs for justifying, by the application of his principle of distributive justice, numerically equal shares in political office, resources, and other goods or burdens. Ideal, albeit negative, assumptions about indispensable non-citizen groups enable Aristotle to specify the features of those necessary for securing some private and civic goods essential to his complete political ideal and to justify certain extreme inequalities within his polis. This paper explores the nature of these assumptions, the role they play in the distribution of goods and burdens, and some of the problems they give rise to within Aristotle’s complete political ideal. (shrink)

The sub-title of a recent book on “belonging” for people with profound intellectual and multiple disabilities (PIMD) is “Pushing the boundaries of inclusion.” One aim of this paper is to establish where at least one of these boundaries lies. Enabling profoundly disabled people to be together with others is often inspired by the ideal that anybody and everybody can be fully included in their relationships with others. This inclusive ideal can take the form of relational equality—including people with PIMD (...) as equals in our relationships with them. I explore the scope and limits of relational equality, and where, as with some profoundly disabled people, equality is out of reach, I look at two relational alternatives. (shrink)

The sub-title of a recent book on “belonging” for people with profound intellectual and multiple disabilities (PIMD) is “Pushing the boundaries of inclusion.” One aim of this paper is to establish where at least one of these boundaries lies. Enabling profoundly disabled people to be together with others is often inspired by the ideal that anybody and everybody can be fully included in their relationships with others. This inclusive ideal can take the form of relational equality—including people with PIMD (...) as equals in our relationships with them. I explore the scope and limits of relational equality, and where, as with some profoundly disabled people, equality is out of reach, I look at two relational alternatives. (shrink)

Due to constraints on institutional capacity and financial resources, the road to universal health coverage (UHC) involves difficult policy choices. To assist with these choices, scholars and policy makers have done extensive work on criteria to assess the substantive fairness of health financing policies: their impact on the distribution of rights, duties, benefits and burdens on the path towards UHC. However, less attention has been paid to the procedural fairness of health financing decisions. The Accountability for Reasonableness Framework (A4R), which (...) is widely applied to assess procedural fairness, has primarily been used in priority-setting for purchasing decisions, with revenue mobilization and pooling receiving limited attention. Furthermore, the sufficiency of the A4R framework’s four criteria (publicity, relevance, revisions and appeals, and enforcement) has been questioned. Moreover, research in political theory and public administration (including deliberative democracy), public finance, environmental management, psychology, and health financing has examined the key features of procedural fairness, but these insights have not been synthesized into a comprehensive set of criteria for fair decision-making processes in health financing. A systematic study of how these criteria have been applied in decision-making situations related to health financing and in other areas is also lacking. This paper addresses these gaps through a scoping review. It argues that the literature across many disciplines can be synthesized into 10 core criteria with common philosophical foundations. These go beyond A4R and encompass equality, impartiality, consistency over time, reason-giving, transparency, accuracy of information, participation, inclusiveness, revisability and enforcement. These criteria can be used to evaluate and guide decision-making processes for financing UHC across different country income levels and health financing arrangements. The review also presents examples of how these criteria have been applied to decisions in health financing and other sectors. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated (...) unequally, while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

Challenging and rewarding in equal measure, _Phenomenology of Perception_ is Merleau-Ponty's most famous work. Impressive in both scope and imagination, it uses the example of perception to return the body to the forefront of philosophy for the first time since Plato. Drawing on case studies such as brain-damaged patients from the First World War, Merleau-Ponty brilliantly shows how the body plays a crucial role not only in perception but in speech, sexuality and our relation to others.

As today's battles rage between those who march under the banner of liberty and those who unfurl the flag of equality, even an engaged partisan might be forgiven for occasionally wondering whether the game is, after all, worth the candle. For one thing, neither party simply rejects the other's principle – properly understood. Egalitarians routinely emphasize that their concern for equality is, also, a concern for true liberty; thus Michael Walzer, writing “In Defense of Equality,” finds it (...) “worth stressing that equality as I have described it does not stand alone, but is closely related to the idea of liberty.” 1 Libertarians tend to be less enthusiastic in their embrace of equality, but almost all endorse some form of equality or other – for example, equality of political rights or equality before the law. It would seem, then, that the differences between egalitarians and libertarians are really over the meaning and scope of equality and liberty, and that putting the issue as one of equality vs. liberty may be misleading. More important, one can wonder whether either the egalitarian or the libertarian combination of the principles of liberty and equality is worthy of support. What society has exalted personal liberty, has taken rights more seriously, than ours? Yet who can easily dismiss Solzhenitsyn's charge that our worship of freedom has resulted in “destructive and irresponsible freedom” being granted “boundless scope,” leaving us defenseless against “the corrosion of evil”? 2 The cause of liberty against tyranny surely continues to command our support; but what conclusion ought we to draw from the facts that liberty in absentia seems so markedly more attractive than liberty in practice, and that the qualities manifested in the struggle for liberty seem so superior to those that come to the fore once liberty is secured? (shrink)

Challenging and rewarding in equal measure, _Phenomenology of Perception_ is Merleau-Ponty's most famous work. Impressive in both scope and imagination, it uses the example of perception to return the _body_ to the forefront of philosophy for the first time since Plato. Drawing on case studies such as brain-damaged patients from the First World War, Merleau-Ponty brilliantly shows how the body plays a crucial role not only in perception but in speech, sexuality and our relation to others. Perhaps above all, (...) Merleau-Ponty's insights about the embodied mind are a bold and refreshing challenge to the new era of virtual reality and artificial intelligence, as scientists and psychologists discover the centrality of the body to mind and intelligence. (shrink)

Equality of opportunity is a complex and contested ideal. There is disagreement about what the most plausible account of equal opportunity is, why equal opportunity matters, and how much it matters relative to other considerations that bear on how we ought to act. Over and above those disagreements about the general ideal of equal opportunity, there are further disagreements about what equal educational opportunity requires, why equal educational opportunity matters, and how much it matters relative to other considerations that (...) bear on what educational policies we ought to enact. Much of the literature on equal opportunity and education focuses on equal opportunity and K-12 (i.e., primary- or secondary-level) education. But there is now also a sizeable literature that focuses on distinctive questions about equal opportunity and higher (i.e., tertiary-level) education. That latter set of questions – how the ideal of equal opportunity bears on higher education – is the primary topic of this chapter. The chapter is divided into two parts. The first part of the chapter focuses on more theoretical issues in normative ethics and foundational political philosophy. It first surveys some disagreements about the nature, scope, grounds, and stringency of equal opportunity requirements; in light of those disagreements, it then surveys a variety of views about how the ideal of equal opportunity bears on higher education. The second part of the chapter focuses on more practical issues in applied ethics and applied political philosophy. It surveys some contemporary controversies in higher education that implicate concerns about equal opportunity. (shrink)

According to the ‘starting-gate’ interpretation of equality of opportunity, individuals who enjoy equal starts can legitimately become unequal to the extent that their differences derive from choices for which they can be held responsible. There can be no coercive transfers of resources in favour of individuals who disregarded their own futures, and no limits on the right of an individual to distribute resources intrapersonally. This paper assesses two ways in which advocates of equality of opportunity might depart from (...) the starting-gate interpretation. The first involves limiting the degree to which people are liable to pay the costs of their past choices. The second involves limiting their initial opportunities so as to prevent certain risky or apparently short-sighted choices. The paper compares these alternatives in terms of their compatibility with a particular conception of persons as morally equal and temporally extended. It constructs this conception by combining reductionist premises about personal identity with the premise that our status as equals is based on the fundamental requirement of opacity respect. Two conclusions about equality of opportunity are shown to follow from this conception of persons as morally equal and temporally extended: the first is that an individual’s liability to pay the costs of her past choices does not diminish over time; the second is that the individual’s initial scope of choice, in bringing about intrapersonal distributions between her current and future selves, can nevertheless be permissibly limited. The two conclusions are consistent, and the second allows for departures from starting-gate equality of opportunity. (shrink)