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There are various egalitarian moral doctrines. They differ in the requirements they impose on institutions and social practices and on individual conduct. This essay sketches two versions of egalitarian social justice and claims that the requirements they impose should strike us as reasonable, all things considered. One is welfarist egalitarianism, a cousin of classical utilitarianism. This version requires bringing about good quality lives for people and fair (equal) distribution of this good across persons. A notable feature of welfarist egalitarianism is that it accommodates the seemingly antiegalitarian claim that it does not matter in itself how one person’s condition compares to that of another, so a fortiori it does not matter in itself whether or not one person’s condition compares to that of others in the one particular way of being equal. The other version is relational or freedom-oriented egalitarianism, which holds that we should above all ensure that people are free to live as they choose and relate as equals, without social hierarchy. In the latter half of the twentieth century, John Rawls developed a powerful articulation of relational egalitarian justice. This essay sketches the two rival egalitarianisms with a view to showing their respective moral attractiveness and to suggesting that the welfarist version has greater moral attraction.
Prioritarianism holds that improvements in someone's life (gains in well-being) are morally more valuable, the worse off the person would otherwise be. The doctrine is impartial, holding that a gain in one person's life counts exactly the same as an identical gain in the life of anyone equally well off. If we have some duty of beneficence to make the world better, prioritarianism specifies the content of the duty. Unlike the utilitarian, the prioritarian holds that we should not only seek to increase human well-being, but also distribute it fairly across persons, by tilting in favor of the worse off. A variant version adds that we should also give priority to the morally deserving – to saints over scoundrels. The view is a standard for right choice of individual actions and public policies, offering a distinctive alternative to utilitarianism (maximize total well-being), sufficiency (make everyone's condition good enough) and egalitarianism (make everyone's condition the same).
Prominent theories of justice conjoin the capabilities approach and a doctrine of ‘political liberalism’. The latter maintains that the exercise of state power is morally legitimate only if it is justifiable by appeal to principles that all reasonable citizens can accept, each from her own evaluative perspective. As standardly interpreted, political liberalism rules out selecting state policies on perfectionist grounds. The political perfectionist holds that it is morally mandatory for the state to promote certain activities and conditions on the ground that they are intrinsically valuable. The claim then is that reasonable citizens will differ widely in their beliefs about these intrinsic value matters, so a state that chooses its policies by appeal to perfectionist judgements will be morally illegitimate. This chapter canvasses recent debate on this issue, and suggests that the marriage of the capabilities approach and political liberalism is ill-advised. Political liberalism should be dropped, whether or not one adheres to the capabilities approach. A modest, common-sense perfectionism cohabits harmoniously with the capabilities approach.
Muddles can be instructive. The clarifying confusion to be examined in this paper is Isaiah Berlin's intelligent vacillation on the issue of whether or not the extent of a person's freedom depends on his desires. Is the amount of freedom an agent possesses determined solely by his objective circumstances or is it also partly a function of his subjective tastes and preferences? In clarifying this question I shall suggest that Berlin has trouble answering it because he almost perceives that interpersonal cardinal measurement of freedom, if possible at all, is possible only on a subjective basis. Yet as Berlin eloquently reminds us measuring freedom according to a subjective metric generates paradox. Whether commonsense ideas of freedom are consistent and reasonable is not purely an academic issue, for we do often make political judgments to the effect that one or another policy, or a movement to one or another form of society, can be expected to reduce or enlarge human freedom. If freedom is not measurable these judgments are merely hortatory.
Some theories of justice hold that individuals placed in fortunate circumstances through no merit or choice of their own are morally obligated to aid individuals placed in unfortunate circumstances through no fault or choice of their own. In these theories what are usually regarded as obligations of benevolence are reinterpreted as strict obligations of justice. A closely related view is that the institutions of a society should be arranged in a way that gives priority to helping people placed in unfortunate circumstances through no fault or choice of their own. Any theory of this type needs a way of assessing individuals’ circumstances to determine who is fortunate and who is unfortunate.
I shall argue that the standard for assessing people's circumstances to determine what they owe and are owed according to distributive justice should be the welfare or well-being level that they can attain, given their circumstances. This claim, that the ‘currency of justice’ should be welfare, has attracted criticisms that some have thought decisive. My counterclaim is that if we adopt an objective account of welfare and properly accommodate concerns about individual responsibility, the criticisms can be drained of their force.
According to the ideal of tolerance, the state is supposed to be neutral or evenhanded in its dealings with religious sects and doctrines. The tolerant state does not pursue policies aimed at favoring one sect over another.
In the second half of the twentieth century, the doctrine that came to be known as consequentialism has both taken hard thumpings and shown resilience in rebounding from attacks. In this process consequentialism has come to be fairly well understood, but elaborating and clarifying the varieties of nonconsequentialism are still works in progress, so it is perhaps premature to venture any definitive assessment on this dispute. Whether it is reasonable to accept a moral theory depends on the merits of its rivals. Perhaps any theory will have counterintuitive implications; perhaps the true one is least counterintuitive all things considered.
Deontology is a promising family of views offering an alternative to consequentialist ethics. Against consequentialism, the deontologist holds that (1) we are bound by moral constraints, and so not always permitted to do what would bring about best consequences, and (2) we also enjoy options, and so are not always morally required to do what would bring about best consequences, even when doing so would violate no moral constraints. The deontological family is beset by squabbling, perhaps intractable squabbling. Larry Alexander has proposed an interesting, streamlined deontological doctrine. Its core is the means principle, which forbids using people in certain ways without their consent to advance one’s aims, even a good cause. Alexander holds that when the means principle does not apply, we are not bound by any moral constraint against harming others, provided that the harming would bring about best consequences. Alexander advances reasons to embrace the means principle as an absolute, exceptionless principle, to which we must comply whatever the consequences (though he does not fully commit to this absolutism). Alexander’s deontological doctrine is noteworthy for its affinity with right-wing “side constraint” libertarianism. This essay argues that Alexander’s version of deontology merits rejection.
This chapter has defended the Hart-Rawls principles of fairness as justifying the duty to obey the law, in a broad range of cases. It contributes towards the development of the most promising non-consequentialist moral theory. Robert Nozick's examples include some in which a non-excludable good is provided to a group of people. He imagines a neighborhood public address system, with individuals taking turns entertaining their neighbors through loudspeakers that blare sound throughout the neighborhood day and night. The Hart-Rawls principle of fairness has attracted still an objection. This claims the principle is objectionably paternalist. The paternalism objection directly attacks the principle of fairness, and a fortiori attacks any attempt to deploy the principle of fairness to show how people come to be obligated to contribute to the support of the state in which they reside and to obey the laws of a tolerably decent state.
The brilliant discussion in Chapter 3 of Robert Nozick's Anarchy, State, and Utopia (ASU) is vitiated by an illicit slide between “some” and “all” or, better, between “to some extent” and “entirely.” In this chapter Nozick discusses the moral theory background to his Locke an libertarian doctrine of individual moral rights. He seeks to show that structural features of the account of moral requirements and permissions that most of us accept turn out to be reasons also to accept the more controversial Lockean libertarianism.
The brilliant part of the discussion describes the structure of a non-consequentialist deontological moral theory that denies that each person ought always to do whatever would produce the impartially best outcome, even if the idea of the best outcome is interpreted as the greatest overall fulfillment of individual moral rights ranked by their moral importance. In this connection Nozick introduces the idea of a “side constraint” and of a morality that consists of side constraints, in whole or in part. This discussion advances our understanding of moral theory. We are all in Nozick's debt for this advance even if at the end of the day the case for accepting a consequentialist theory proves compelling.
One way to think about capitalism-versus-socialism is to examine the extent to which capitalist economic institutions are compatible with the fulfillment of socialist ideals. The late G. A. Cohen has urged that the two are strongly incompatible. He imagines how it would make sense for friends to organize a camping trip, distills the socialist moral principles that he sees fulfilled in the camping trip model, and observes that these principles conflict with a capitalist organization of the economy. He adds that these principles are ethically attractive, so if it is feasible to organize the economy on the camping trip model, we ought to do so. This essay argues to the contrary that for all that has been said, capitalist economic arrangements might be in the set of institutional arrangements that overall would best fulfill the camping trip principles, and anyway, the principles themselves ought to be rejected, so the question whether or not a capitalist set-up might satisfy these principles should not interest us. The grounds for rejecting the camping trip principles support a form of welfarist consequentialism that denies that equality of distribution of any sort is per se ethically desirable and also denies that liberal freedoms to live as one chooses are per se morally desirable. Equality and freedom should rather be regarded as in the light of possible means (or hindrances) to advancing good for people, fairly distributed.
In this chapter, the author summons up qualified two cheers for the capability approach. According to the capability approach to the characterization of individual's condition for purposes of social justice theory, a person's wellbeing can be identified with the quality of her beings and doings, what Amartya Sen calls "functionings". Sen defends the capability approach against two rivals. One is welfare conceived in mental state terms, as desire satisfaction or as pleasure and the absence of pain. A second rival is the account of primary social goods developed by John Rawls. The author has urged that the principle of social justice that imposes on all of us a responsibility to ensure, to some degree, that no human life is avoidably blighted and wasted, is better regarded as responsive to people's overall condition rather than to the means or resources to which they have access.
Imagine a democratic society in which all members are full citizens and citizens relate to each other as equals. Social arrangements bring it about, to the maximum possible extent, that all adults are full functioning members of society. The society is not marred by caste hierarchies, invidious status distinctions, or unequal power relations. No one is able to dominate others. Moreover, the urge to dominate over others does not loom large in social life. Each person's relations with others manifest the belief, shared by all, that each person is fundamentally the equal of all others and that this equality calls for treating others with civility and mutual respect and forbearance. Each is viewed as having the right to live as she chooses, within broad constraints of morality. This individual entitlement to freedom establishes a strong presumption against paternalism, restricting a person's liberty against her will for her own good. Regarding distributive justice, the norm is that each should be enabled to have enough by way of resources and opportunities to sustain herself as a full functioning member of democratic society.
Left-libertarianism is a version of Lockean libertarianism that combines the idea that each person is the full rightful owner of herself and the idea that each person should have the right to own a roughly equal amount of the world's resources. This essay argues against left-libertarianism. The specific target is an interesting form of left-libertarianism proposed by Michael Otsuka that is especially stringent in its equal world ownership claim. One criticism advanced is that there is more tension than Otsuka acknowledges between private ownership of self and equal ownership of the world. This emerges once one notices that self-ownership should not be conceived merely in a thin, formal way but also as a thicker substantive insistence on wide individual freedom. A second criticism is that in other respects the formal idea of self-ownership that Otsuka and other left-libertarians embrace is an extreme doctrine that merits rejection.