Are all persons of equal moral worth? Is variation in income and wealth
just? Does it matter that the allocation of income and wealth is shaped by
undeserved luck? No one deserves the family into which they are born, their
innate abilities, or their starting place in society, yet these have a dramatic
impact on life outcomes.
Keeping in mind the extreme inequality in many countries, is there some
obligation to pursue greater equality of income and wealth? Is inequality
inherently unjust? Is equality a baseline from which we judge other
distributions of goods? Do inequalities have to be justified by people somehow
deserving what they have, or by inequality somehow improving society?
As a view within political philosophy, egalitarianism has to do both
with how people are treated and with distributive justice. Civil rights
movements reject certain types of social and political discrimination and demand
that people be treated equally. Distributive justice is another form of
egalitarianism that addresses life outcomes and the allocation of valuable
things such as income, wealth, and other goods.
The proper metric of equality is a contentious issue. Is egalitarianism
about subjective feelings of well-being, about wealth and income, about a
broader conception of resources, or some other alternative? This leads us to
the question of whether an equal distribution of the preferred metric deals
with the starting gate of each person’s life (giving everyone a fair and equal
opportunity to compete and succeed) or with equality of life outcomes.
Egalitarianism also raises a question of scope. If there is an obligation to
pursue distributive equality, does it apply only within particular states or
globally?
1. What is Egalitarianism?
Consider three different claims about equality:
All persons have equal moral and legal standing.
In some contexts, it is unjust for people to be treated unequally on the
basis of irrelevant traits.
When persons’ opportunities or life outcomes are unequal in some
important respect, we have a reason to lessen that inequality. (This reason is
not necessarily decisive.)
All of these claims express a commitment to equality. They are each
progressively more egalitarian. Understanding the difference between these
claims, their normative implications, and the various ways the content of the
third claim can be further specified, are crucial to understanding the
disparate collection of philosophical views that compose egalitarianism.
Claim (1) entails claim (2), and therefore captures part of contemporary
egalitarianism. If all persons are equal, then there are political constraints
on how they can be treated unequally. Disenfranchisement and differential
rights violate the equality affirmed in (1). (3) is even stronger than (2),
because it is not only committed to treating people equally, but ensuring that
people have equal amounts of some important good. There is controversy whether
(1) entails, is merely compatible with, or is incompatible with (3).
The descriptive thesis found in claim (1) affirms the equality of all
persons. This must not be the plainly false assertion that for any given trait,
all persons are equal. We differ in our abilities, resources, opportunities,
preferences, and temperaments. The claim must be about something more specific.
All persons have equal moral worth or equal standing. The United States
Declaration of Independence famously states that “all men are created equal.”
Jeremy Bentham’s dictum “each to count for one, none to count for more than
one,” is another expression of the descriptive thesis. While the conditions in
which people live, their wealth and income, their abilities, their satisfaction,
and their life prospects may radically differ, they are all morally equal. In
moral and political deliberation, each person deserves equal concern. All
should have equal moral and legal standing.
If all persons are equal in this way, then some forms of unequal
treatment must be unjust. The descriptive thesis, applied within a particular
state, at least entails equal rights and equal standing. Therefore (1)
constrains how a just political society can be structured because it entails
some degree of support for claim (2). The degree is debatable in terms of which
contexts require equal treatment, what types of institutions must treat people
equally, and so on. At least in terms of basic political rights, discrimination
on the basis of gender, ethnicity, and caste is prohibited. Many would also
extend these to commerce and the wider public sphere: businesses should not be
able to refuse service on the basis of race, gender, or sexual orientation. The
descriptive thesis must entail some commitment to equal treatment, but the
scope of that commitment is disputed.
Claim (3) (let us call it the egalitarian thesis) is closely related to
the descriptive thesis. (1) is taken by some as ground for affirming (3).
Denying (1) is grounds for rejecting the imperative in (3). Yet the two theses
are distinct. A commitment to (1) does not obviously entail a commitment to
(3), because (3) is more robust and has wider scope. (1) may entail (3), but
establishing this requires a substantive argument. The descriptive thesis’
extension into the social standing, well-being, wealth, income, and life
outcomes of citizens is controversial. Unlike (3), (1) is not on its face
opposed to radical inequalities in income, wealth, capabilities, welfare, life
prospects, or social standing. If those inequalities arise within legitimate
political institutions that respect the equal standing of all persons, they may
be just.
The egalitarian thesis addresses more than the moral worth of persons.
It expresses an obligation to pursue distributive equality. Deviations from
equality are prima facie unjust. But along which dimension ought we pursue
greater equality? Candidate metrics include resources, income, wealth, welfare,
or capabilities to perform certain functions. The obligation to pursue equality
along some such dimension makes (3) fully egalitarian in the contemporary sense
of the term. (1) does not necessarily prohibit dramatic inequalities, whether
they are deserved or undeserved, due to hard work or luck, recent or
hereditary. Absent further argument, the content of (1) is only concerned with
such inequalities conditionally, when they violate the equal moral status of
persons. Of course if social exclusion, caste discrimination, and unequal
rights are prohibited in light of the fact that (1) entails some level of
commitment to (2), this will influence the distribution those metrics. This is
not the same as a direct obligation to pursue distributive equality of one of
those metrics.
(1) is descriptive in content but has normative implications. Egalitarianism
is essentially prescriptive and normative. (3) directly states what ought to be
done with regard to the inequalities among persons. It is an imperative to
reduce distributive inequality along some dimension. The normative commitments
that follow from (1) set minimal standards: states must not violate the equal
standing of persons. The normative
commitments of (3) are stronger and more aspirational: we continually pursue
equality by reducing inequality. This is a pursuit of substantive distributive
justice—equality of some sort of condition or opportunities. It is not mere
formal equality of rights, or of economic notions such as considering everyone
equal as long as their income is determined by their marginal product.
Egalitarians are thus committed to distributive justice in a way that
(1) need not be. (1) may entail a certain conception of distributive justice
having to do with equality of opportunity and individual rights, especially
property rights. For example, John Locke argued that all persons are equal and
have the same rights. The equal standing and equal rights of all persons, even
in the pre-civilized state of nature, is a crucial component of his theory of
just government. This is a commitment to equality, but it is not egalitarian in
the contemporary sense. It does deal with distributive justice, but only in
terms of respecting property rights and the right to free exchange of property.
A commitment to equality is not yet a commitment to substantive distributive
justice (a commitment to have a fair and equitable distribution of goods), and
is compatible with merely formal or historical distributive justice (defining a
just distribution as one that respects standing property rights and the right
of people to trade without theft or coercion).
What is an egalitarian commitment to substantive distributive justice?
In the most literal sense, it requires equalizing the distribution of some
quantifiable thing among persons, such as income or wealth. An egalitarian may
see distributive justice as an end in itself. This would mean it is
constitutive of a just society. It can also mean that we choose a metric of
equality that is intrinsically good, such as welfare or well-being. Those
things are desirable in themselves, not because they are instrumental in
acquiring other goods. Alternatively, egalitarianism can be seen as merely
instrumental. For example, distributive justice can be seen as a means to
achieving some other social end, such as creating social relationships among
citizens that are equal and non-oppressive, and allowing them to flourish and
function as citizens. An example of an instrumental metric of equality is
resources, because resources can be used to generate welfare.
Strictly speaking, all non-equalizing views of substantive distributive
justice are alternatives to egalitarianism. This would exclude Rawls’
difference principle, which allows for inequalities when they are required to
raise the absolute condition of the worst off. It would also exclude views that
prioritize aid to the worst off or argue in favor of redistribution to
guarantee a sufficient minimum for all. The contemporary usage of the term is
not restricted to equalizing views. While there are contemporary debates
between egalitarianism narrowly defined and non-equalizing views such as
Rawls’, the most illuminating contemporary definition of the term is that it is
a commitment to substantive distributive justice as opposed to merely formal or
historical distributive justice.
Egalitarianism therefore comprises divergent views about equality that
go beyond the merely descriptive thesis and affirm at least one of the
following theses: first, some important type of thing should be distributed
equally among persons; second, distributive inequality (along some relevant
dimension) is prima facie unjust and should be reduced.
Both principles further specify the normativity contained in (3), yet
still give little concrete guidance. Consider a different normative principle
with similar form: the current level of infant mortality is unjust and should
be reduced. While this thesis does not tell us how to achieve our end, it
clearly specifies the end. We know what counts as success because we know what
infant mortality is and how to measure it. These two distributive principles,
while clearly egalitarian, do not articulate any specific end. They give no
guidance on what quantifiable thing matters to distributive justice. What form
must a just distribution take? Is it about wealth? Income? Well-being? Preference
satisfaction? Something else?
The remainder of this article focuses on the following topics:
What is the proper egalitarian metric? Well-being? Resources? Income?
Capabilities?
Once we settle on a metric, are we then concerned with ex ante or outcome
equality? In other words, is egalitarianism concerned with a fair allocation of
holdings among persons at the starting gate of each life, so that the ensuing
competition is fair, or is it concerned with equal life outcomes? Do choice and
responsibility matter to this question? What if a given inequality is due to
informed and avoidable choices made by the relevant persons? Can such
inequalities be just? Should our shares be determined by our choices and
actions? If so, then what is genuine equality—a pattern of distribution in
which each person is maximally responsible for their holdings, with the role of
luck minimized?
Anti-egalitarianism. Many deny the fundamental equality of persons. Some
think men are superior to women, certain races are superior to others, and
certain castes should dominate others. If so, there is no general moral
imperative to lessen inequality among persons. Anti-egalitarianism of this sort
rejects both (1) and (2). This article will not address such views. The more
philosophically compelling anti-egalitarianism stems not from a rejection of
(1) but rather from one of the following readings of it:(3) does not follow
from (1).Pursuit of (3) is counterproductive or has bad consequences. This
includes political objections about incentives and productivity, an objection
that if equality is desirable then it is desirable to lower the condition of
those who have more even when this does not objectively aid those who have
less, and objections that egalitarianism is motivated by envy.Engaging in
redistribution to pursue the aim of (3) is incompatible with (1). For example,
pursuing (3) violates rights that follow from (1).
The relationship between egalitarianism and global justice. Does
egalitarianism apply to the global community of humanity, or only within
particular states? If it does not apply globally, is this a justified deference
to the moral value of specific political attachments, a temporary compromise on
the way to a more defensible form of egalitarianism, or is it simply unjustifiable
favoritism?
2. Equality of What?
Egalitarianism requires a commitment to equalizing our holdings or at
least reducing distributive inequality. Neither of these aims can solely be
about equal standing or equal moral worth, if equal moral worth can be respected
in a society that exhibits inequality among one of the specified dimensions.
Respect for (1) puts some constraints on either inequality or the acceptable
material minimum (say, by respect for equal rights entailing the minimum
holdings to make those rights effective). That has to do with distributive
justice, but in an attenuated sense that falls short of egalitarianism.
Similarly, a society with radical inequality may make a rational calculus that
some minimal redistribution is required for social stability, but this is
prudential and conditional, not genuinely egalitarian.
What, other than equal standing or moral worth, is egalitarianism about?
We examine five of the most influential candidates: welfare, resources,
capabilities, democratic/social equality, and primary goods.
a. Welfare
Welfare is well-being or one’s quality of life. There are two main
variants of welfare. The first is hedonic: welfare is pleasure or happiness.
Your welfare increases as you experience more pleasures and fewer pains. The
second is desire or preference satisfaction. Your welfare increases the more
your desires, goals, and preferences are satisfied.
According to hedonic welfare egalitarianism, this feeling is what
fundamentally matters in life. Welfare is the purpose of our actions. This view
is common in ethics generally and is not restricted to political
egalitarianism. Jeremy Bentham argued that humans seek pleasure and avoid pain,
and that this is both a descriptive truth about human psychology and a
normative truth about what we morally ought to do. Welfare is an intrinsic
good. Other goods are useful in an instrumental sense. They can be used to
obtain welfare.
If the use of material resources generates welfare, then equalizing
welfare will attain substantive outcome equality even among people who exhibit
different levels of efficiency in welfare generation. An able-bodied person may
require fewer resources than a disabled person to achieve a given level of
well-being. Suppose a disabled person needs a wheelchair. If she holds an equal
amount of resources as a non-disabled person, then the able bodied person is
better off than the disabled person. The disabled person must exchange
resources for a wheelchair. So either she is not mobile or she is mobile but
has fewer remaining resources than the able-bodied, and in either case she is
worse off. Welfare equality accounts for variation in talents and abilities and
opportunities. Equality of welfare attempts to neutralize the impact of these
variations on the distribution of welfare.
From a welfare egalitarian perspective, a just distribution of material
resources is merely instrumental to achieving what really matters. We cannot
redistribute welfare directly; we can only redistribute the resources that
persons can use to generate welfare. Since equality of welfare accounts for
variations in how efficiently a person can convert resources into welfare, it
is markedly different from equality of resources. An egalitarian welfare
distribution will not distribute resources equally.
A problem facing this approach is that preferences adapt to one’s living
conditions. Therefore, if preferences help determine one’s level of welfare,
unjust inequalities in living conditions might not be rectified by welfare
egalitarianism. Nussbaum gives examples of women deprived of resources and
opportunities adapting their preferences. This leads to them reporting similar
satisfaction levels to women who are objectively less deprived. The adaptive
preferences worry is that when there are unjust inequalities, those at the
bottom will adapt their preferences to this injustice. A preference can adapt
such that you no longer desire that which you are denied. Someone for whom
college is an impossible goal may adapt their preferences so that they do not
desire to attend college. “Sour grapes” is an even stronger negative preference
or aversion to the thing denied. Empirical studies support the thesis that
preferences adapt to environmental factors and expectations. Thus someone with
fewer opportunities than another may eventually report equivalent welfare
levels to those with more opportunities, merely because their preferences,
expectations, and standards have lowered. Welfare egalitarianism might
therefore convert inequality to equality via subjugated persons internalizing
and accepting their inferior status, thereby increasing their satisfaction and
reported welfare. (For more on preferences see Harsanyi 1982; and Nussbaum 1999
Ch.5, 2001a.)
However, adaptive preferences are also a benefit for welfare
egalitarianism. If persons did not adapt their preferences and ends in response
to what they can reasonably expect to attain, aggregate life outcomes would be
worse. If goals and preferences were completely non-adaptive, our collective
welfare levels would suffer. Adapting one’s ends and preferences is part of
forming a rational plan of life. Consider someone who pursues a goal of being a
professional athlete at the expense of other professional and personal options.
If that person lacks the relevant physical ability, this goal is harmful to
their welfare.
Another question facing welfare egalitarianism is whether we should
adopt an objective or subjective conception of welfare. Thus far, the
description of welfare has been subjective. But what if someone derives high
levels of welfare from objects or activities that have low or negative social
worth? What if the person experiences higher level of welfare in pursuit of an
idiosyncratic end rather than securing the objective necessities for survival?
What if there are higher and lower forms of welfare?
Scanlon (1975) gives an example of someone who prefers to have resources
to build a temple rather than to provide for his own health and physical
well-being. If he would experience
greater subjective welfare under the former scenario, is that the ideal
outcome? Or should we take an objective view, specify welfare in terms of the
most objectively urgent needs, and guarantee that those are met? Suppose a
person will have a below average level of subjective welfare if they have their
basic necessities but not the temple, and a very high level of subjective
welfare if they have the temple but not the basic necessities. What would
welfare egalitarianism have us do? This is a dispute over whether any objective
welfare standards are sovereign over individual preferences.
Two other problems for welfare egalitarianism deal with psychological
variations among persons. Consider variation in disposition. The cheerful and
the gloomy will vary in welfare levels as their share of resources holds
constant. Do the gloomy deserve compensation? If resources are the raw material
for generating welfare, this would lead to subsidizing the gloomy merely for
being gloomy. The opposing view is that the gloomy should adapt rather than be
subsidized, and if they do not adapt this is a personal matter, not an unjust
inequality.
Expensive and inexpensive tastes are further problems for equality of
welfare. Someone might have tastes and preferences that require a large number
of resources, or particularly scarce resources, to satisfy. Those with
expensive tastes require more resources to achieve a given level of welfare
than those with less expensive tastes. While both disabilities and expensive
tastes are inefficiencies in the conversion of resources to welfare, it seems a
mistake to lump them together. Tastes can change over time. They are subject to
their bearer’s agency in ways disabilities are not. People can cultivate,
modify, and abandon their tastes and preferences. Also, being deprived of the
goods made possible by, say, being ambulatory is not clearly equivalent to the
deprivation suffered by someone with an unsatisfied preference for exotic food
and wine. There seems to be a difference between using society’s resource to
subsidize those with disabilities and subsidizing those with expensive tastes.
Proponents of resource egalitarianism find welfare egalitarianism inadequately
sensitive to this difference.
Some of the objections to welfare egalitarianism just outlined can be
answered by moving to equality of opportunity for welfare. Equality of
opportunity for welfare accounts for the luck egalitarian principle that what
is bad, is for someone to be worse off than others through no fault of their
own. Equality of opportunity for welfare does not commit itself to subsidizing
the imprudent or those who cultivate expensive tastes. For an example of
equality of opportunity for welfare, see Arneson (1989, 1990). For an equality
of opportunity view with a wider metric that includes aspects of both welfare and
resources, see Cohen (1989). Equality of opportunity is addressed in greater
detail in Section 3.
b. Resources
Resources are things one can possess or use. Think of the various things
you can use to generate welfare: wealth, income, land, food, consumer goods.
Wider conceptions of resources include one’s own talents and abilities.
Resources can also be social: social capital, respect, and opportunities.
Welfare is an intrinsic good, resources are instrumental goods.
Resources are good because they can be used to generate welfare, or to
guarantee that people are fully capable of functioning and thriving, or able to
pursue some specific conception of the good life. Why focus on an instrumental
good rather than the intrinsic good? Recall that different persons may require
different amounts of resources to achieve equivalent levels of welfare. For
example, we can understand disability as inefficiency in welfare generation.
Equality of welfare counteracts disabilities, variations in talent and ability,
and so on. From the welfare egalitarian perspective, focusing on resources
misses the point.
On the other hand, equality of resources gives an attractive answer to
other forms of resource-to-welfare inefficiencies that are not obviously
matters of justice. What if my tastes are simply more expensive than yours? If
you can achieve a specific welfare level with low-grade hamburger, but I need
wagyu beef to reach the same level, then equality of welfare, at least in
principle, requires subsidizing my share of resources above yours. You get
fewer resources than I do only because your tastes are less expensive. Is this
just? Many find it to be implausible in principle and inapplicable in practice.
Consider the problems of implementing a scheme of distributive justice that
would subsidize expensive tastes. This would generate resentment and reduce the
commitment to distributive justice in society. There is also a problem of
knowledge and trust—how do I know you have expensive tastes? Everyone has an
incentive to report having expensive tastes when they are subsidized.
The bad sort of adaptive preferences amplifies this problem. Suppose
your tastes are less expensive than mine because you were raised in a less
privileged environment with fewer resources and opportunities. This
institutionalizes prior inequalities and subsidizes further those who were
already better off. If that seems unjust, then it is attractive to shift focus
from the intrinsic good to the instrumental good. If we equalize resources, we
can give everyone a fair opportunity to generate welfare and leave variations
in tastes as a private concern.
One welfare-egalitarian response to these problems is to distinguish
between tastes that are under the control of the person and those for which the
person is not responsible. If my taste is out of my control, then its impact on
my welfare levels is a matter of justice. If I intentionally cultivated the
taste, or refuse to expend effort attempting to revise it, then it is a private
concern. But this distinction raises perplexing empirical questions. How could
we ascertain whether or not a taste is under one’s control? This is a
counterfactual claim about what would happen if the person tried to change it,
or a historical question about what happened when in fact they tried to change
it.
Equality of resources provides a compelling answer to these
problems. If we all have an equivalent
bundle of resources, and have control over how we expend them, then whatever
tastes an individual has is a private concern. It is not a matter of justice.
But the advantage gained in terms of expensive tastes generates a cost: we may
no longer have a sufficiently egalitarian response to unjust inefficiencies
such as disabilities. Even if expensive tastes and gloominess should not be concerns
of distributive justice, inefficiencies involving disability should be. If you
and I have the same bundle of resources, but you need a wheelchair to be mobile
and I do not, then you are disadvantaged. Our positions are not equal. If equal
shares of resources define distributive justice, the disabled are at a
disadvantage.
Dworkin (1981b, 2002) takes this as one reason to treat some features of
the self as resources. This allows resource egalitarianism to differentiate
expensive tastes and disabilities. Dworkin sees both as inefficiencies in
welfare generation, but only disability is also a resource deprivation. Someone
who can walk has more bodily resources than someone who cannot. This wide
conception of resource egalitarianism sees disability as a resource deprivation
and therefore a matter of distributive justice. Equal shares of resources now
account for disabilities. In the example from the previous paragraph, you will
receive the same bundle as me plus a wheelchair. Our total bundles are
comparable, because mine includes an ambulatory body while yours includes a
non-ambulatory body plus a wheelchair. This approach also applies to innate
talents. Someone with abilities or talents that are in high demand already has
more resources than someone without such innate talents.
Dworkin’s strategy immediately raises the question of how to determine
the value of specific traits and abilities. If we want to implement such a
scheme of redistributive justice, how would we specify the value of all these
resources? It is a trivial matter to specify equality of wealth or income, but
not to quantify the resource variation among persons with various abilities,
disabilities, and talents. Dworkin attempts to solve such problems by
abstracting away from particular cases and looking at decisions that rational
people would make in a hypothetical insurance market. Rational agents, unaware
of their own actual talents, abilities, and disabilities, purchase coverage
against having disabilities or a lack of valued skills. For example, one
considers what sort of policy would be attractive to insure against blindness,
lack of in-demand talents, and so on. Then the actual redistributive scheme in
society should redistribute resources to actual persons in accord with the
insurance coverage that it would have been rational to purchase. Think of it
along the lines of medical insurance or unemployment insurance. The
hypothetical insurance market provides a rough guide for determining the value
of specific resources, giving a baseline of compensation for those who lack
such resources.
Resource egalitarianism aims to secure for everyone an equal set of
resources and an equal opportunity to convert those resources into welfare. How
well people do this, and resulting inequalities stemming from their choices,
are not core concerns of this conception of distributive justice.
c. Capabilities
Capabilities are potential functionings, such as walking to work,
reading a book, travelling, or being safe and secure in one’s home. If you have
the capability to do a specific thing then you have both the abilities and
resources required to do it, whether or not you actually choose to do it. A
person has the capability to participate in a town hall discussion when they
have the physical ability to move into that space (their body, or lack of
assistive devices, or the infrastructure does not prevent this motion), the
safety to do so without being assaulted, the ability to become informed about
the issues (literacy, access to information), and so on. Whatever material and
social conditions are required for a specific functioning are possessed by
whoever has the relevant capability.
Capabilities-based approaches to distributive justice are
sufficientarian rather than equalizing. What is unjust is not the number of
capabilities possessed by those on the top compared to others, but the
objective inadequacy of the capabilities of those on the bottom. While not
equalizing, this is egalitarian. It is concerned with substantive distributive
justice. These theories are meant to provide a minimal component of justice
that can be combined with further normative principles. When coupled with
egalitarian principles, the view is no longer sufficientarian. In terms of its
minimal core, though, just as with resource egalitarianism, its commitment to
distributive justice is instrumental: a more egalitarian distribution of
resources can bring more persons up to the threshold capability level.
The capabilities-based approach’s distinction between capability and
function accounts for responsibility and autonomy. What the theory attempts to
secure is a sufficient level of capabilities for all. Whether an individual
functions is up to his or her own choice. The capabilities approach is
therefore not subject to the adaptive preferences objection. No matter how much
one adapts their tastes, preferences, and expectations downward, it is unjust
whenever they lack the essential capabilities. They may, through free choice or
conditioning, choose not to function in certain ways—but they must have the
relevant capabilities. In this case, the agent is not making a judgment that
something is not worth doing when they currently cannot do it, they are making
a judgment that they do not want to do something that they are capable of
doing. They have the abilities and resources required to do so. Thus, adaptive
preferences can still lead to inequalities in functioning, but this does not
impact distributive justice. A sufficient level of capabilities for all
requires a certain pattern of the distribution of resources. That pattern is
not impacted by the choice of some persons not to function in certain ways.
This approach raises an obvious and crucial question: which capabilities
matter to distributive justice? Not every capability should matter, such as the
capability to pollute the environment. It also seems that capabilities must be
specified in a coarse rather than fine-grained way. The theory would be
intractable if every discrete form of functioning were correlated with a
discrete capability. For the theory to be illuminating and useful the list must
be manageable.
Some capabilities theorists, such as Sen, avoid enumerating an official
list. Nussbaum argues that the following list enables one to live a full life
with dignity. She does not treat it as timeless or the final word:
Life—capable of living a normal lifespan.
Bodily Health—health, nutrition, shelter.
Bodily Integrity—movement, security against violence, choice in
reproduction, sexual satisfaction.
Senses, imagination, thought—the exercise of these capacities in a fully
human sense, facilitated by education and protected by rights (of expression,
religion, and so forth).
Emotions—emotional development allowing one to form attachments.
Practical reason—development, critical reflection upon, and pursuit of a
conception of a good human life.
Affiliation—social interaction, the social bases of self-respect.
Other species—living with and showing concern for the natural world.
Play—recreation.
Control over one’s environment—political activity, political guarantees
of security and noninterference, property holdings, full participation in the
economic and civic spheres.
Nussbaum’s capabilities list gives a general picture of human
flourishing. It reaches every domain of human life. (For more on the
capabilities approach, see “Sen’s Capability Approach.”)
d. Democratic/Social Equality
Democratic or social equality is a narrower-scope form of the
capabilities approach. Elizabeth Anderson (1999, 2010) developed the most
prominent version. Her theory stems from a critique of the individualistic
nature of both resource and welfare egalitarianism. Those theories of
distributive justice address equality among the holdings of different
individuals. Anderson objects to the focus on individual holdings of resources
or welfare levels. The point of egalitarianism is social, dealing with
relations among persons, not atomistic, dealing with individual allocations of
some metric. Anderson rejects the individual compensation model entirely. We
cannot do away with unjust inequality by allocating more resources or welfare to
those at the bottom. Anderson focuses on the capabilities of citizens and the
social relationships between them. Unjust inequalities are caused by
oppression, which is social.
Let us again consider disability. Anderson argues that disability is as
much a social as a biological fact. The impact on one’s life of having a
particular disability varies according to the way social space and
infrastructure are constituted and on the social practices of fellow citizens.
For example, someone in a wheelchair has less of a handicap when social spaces
are physically accessible to them. Equality and inequality are essentially
social—the impact of many disabilities depends on social attitudes and
political policies. What accommodations do the majority enact through democratic
policy? Do non-disabled treat the disabled as equal and fully capable? The
proper response to disability cannot be individual compensation. The resources
and redistribution that should be used to counteract such handicaps must deal
with social practices and infrastructure. Individualistic models could account
for why a disabled person requires extra medical resources, but does not reach
the level of infrastructure and social practice. Wheelchair accessible social
spaces are not part of any individual’s holdings of resources. They are not her
property. Yet they are fundamental to understanding disability and inequality.
Unjust inequalities are not mere individual deprivations of welfare or
resources compared to others, but socially imposed oppression and exploitation.
The paradigm of unjust distribution is not one in which some have much more
than others, but in which some oppress and exploit others. Inequality is
constituted by certain sorts of social relations. The ideal distribution is not
one in which everyone is equalized in terms of resources or welfare, but in
which everyone can fully function as a citizen. This is a narrow-scope
capabilities approach in two ways: first, the capabilities list is not
all-encompassing; second, this is all within a particular political state.
Indeed, Anderson’s conception is specifically democratic equality.
This approach is committed to substantive distributive justice as
instrumental in guaranteeing that all citizens have a sufficient set of
capabilities. Whether a citizen possesses a given capability is jointly
determined by the individual, their resources, their environment (natural and
built), and the social practices and attitudes of their fellow citizens. Hence
the focus is more on institutional changes to make the infrastructure navigable
with disabilities, and changes to social norms and behavior, rather than seeing
disabilities as an inefficiency for which the individual has a claim to a
greater resource share.
The list of capabilities is narrowed to those required to function as a
citizen, but nonetheless must be rather coarse and general. The capabilities
list must include what is needed to fully function as a citizen and to avoid
oppressive social relationships. However, fully functioning as a citizen includes
more than political life. It also includes the ability to function in the civil
and economic spheres. The point of egalitarianism is not to impose a pattern of
distribution but to eradicate oppression, which is socially imposed.
Not only is this theory narrower than the theories of Sen and Nussbaum,
it is more constrained than any other option we have considered. Welfare,
resources, preferences, primary goods, Nussbaum’s capabilities—each of these
reaches into every domain of human life. This conception of equality only
touches our lives as citizens. Now, to be sure, since capabilities must be
specified in a rather coarse-grained way, the relevant capabilities to
citizenship can be put to use in other domains of life. Nonetheless, the scope
is relatively narrow.
One objection facing this approach is that it may be possible to
guarantee that everyone can fully function as citizens and avoid oppression
while at the same time having radical inequality of resources or welfare. If
so, perhaps this view is unacceptably narrow because guaranteeing the threshold
capability level is compatible with unjust inequalities in life outcomes.
Another worry is that this view might be less able to address global justice
than other alternatives. That is a disadvantage if one thinks that a unified
theory should cover both domestic and global justice.
e. Primary Goods
We now turn to an influential variation on resource egalitarianism. It
is not strictly equalizing, and it employs a wide and diverse conception of
resources. John Rawls argued that primary goods are what citizens have reason
to care about, regardless of whatever else they care about. Primary goods
include health, physical and mental abilities, income, wealth, rights,
liberties, opportunities, and the social bases of self-respect. No matter what
particular conception of the good a citizen may have, what their life plans,
goals, and deepest commitments are, she has reason to want more rather than
fewer primary goods. Primary goods are what must be expended or employed in
pursuit of your conception of the good. (This could mean recreation, education,
artistic output, religious missionary work, and so on.) Non-material goods such
as liberties and opportunities are what make one’s freedom effective. The
social bases of self-respect make for a rewarding life.
All of these primary goods are valuable to you regardless of your
religion, values, and life goals. No matter what comprehensive conception of
the good you affirm, it is rational to want more rather than fewer primary
goods. However, given our differing conceptions of the good, we will not all
agree on the best way to use the additional goods created by our social
cooperation. Principles of justice are required to fairly allocate resources.
For Rawls, the right is prior to the good. Just principles for allocating
primary goods trumps pursuit of our individual, various conceptions of the
good. This is one thing meant by the title of his book Justice as Fairness.
Rawls’ theory is egalitarian but not necessarily equalizing. It focuses
on substantive distributive justice but does not always aim for an equal
distribution of all primary goods. Basic rights and liberties must be
distributed equally. Fair equality of opportunity requires that opportunities
are distributed equally across persons of equal talent and motivation. However,
considering all the various primary goods including wealth and income, equality
is merely the baseline from which other distributions are judged. Other
distributions can be preferable to equality. Inequalities can be justified
instrumentally when they are necessary to raise the absolute condition of the
worst off. This is accomplished when inequality is a necessary causal mechanism
for increasing total productivity. Greater incentives may be required to
motivate the talented to be more productive.
The worst off would prefer to live in a society in which they get a
larger slice of a larger economic pie than to live in a purely equal society in
which they get a smaller slice of a smaller pie. Rawls’ strategy is to answer
the problem of distributive justice via a social contract. We consider an
idealized choice scenario in which free and equal persons come to an agreement
about the nature of the society they wish to enter. If our society matches principles
that those persons would have chosen, our society is just. A society meeting
this standard is as close as we can get to a voluntary agreement to be bound by
a particular state.
Rawls argued that the distribution of benefits and burdens in society should
not be fundamentally determined by that which is arbitrary from the moral point
of view. This rejection of the morally arbitrary explains Rawls’ choice of the
veil of ignorance as part of the preferred choice scenario for picking
principles of justice. Rawls argued that we should choose principles of justice
by imagining persons behind a veil of ignorance that prevents them from basing
their choice on what is morally arbitrary. It is not possible to choose
principles tailored to serve one’s own peculiar self-interest. The choice of
principles is still made out of self-interest, but it is the interest of an
abstract model of the person, not of a specific person who is aware of their
particular, contingent situation in the actual world. The veil occludes
knowledge of much that is due to chance, but also much that is due to choice,
including the choosers’ various conceptions of the good. This scenario attempts
to value choice by creating the conditions under which people can all pursue
their own conceptions of the good. They reason about how to secure primary
goods, which can be expended in pursuit of any conception of the good. The
original position creates a model of the Kantian notion of the self, and the
veil of ignorance forces the choosers to make decisions that are categorical.
They lack the knowledge required to make hypothetical choices based in their
own particular conception of the good and their peculiar desires.
Rawls argues that under these conditions, rational actors would choose a
maximin strategy. Each individual’s goal is to make the worst possible outcome
for themselves as good as it can be. They would not take an avoidable gamble on
entering into a society with persons suffering at the bottom of the
socioeconomic ladder because they would not want to risk living their entire
lives under such conditions. Nor would they object to inequality when it raises
the absolute level of the worst off, since they are more concerned with the
objective quality of their own lives than with envy of those with more primary
goods. Rational, self-interested persons situated in a fair procedure for
making decisions about their society will affirm the difference principle.
According to the difference principle, if incentives that generate inequality
are required to increase productivity, then the resulting inequality can be
just. If such incentives are required to motivate higher productivity, then
they should be allowed as long as they can be harnessed to assist the worst
off. By using inequality to motivate productivity, the economic pie grows, and
redistribution can improve the lives of the worst off. Note, however, that the difference principle
cannot justify violations of the descriptive thesis affirming the equal worth
of all persons. A liberty principle takes priority over the difference
principle. We may not create a system of unequal rights and liberties even if
doing so would allow us to raise the absolute condition of the worst off.
Gerald Cohen objects to the demand for greater incentives that the difference
principle allows. The people who require greater incentives to work
productively are blameworthy. Why, knowing that if they work to their full
ability this will benefit the worst off, do they not do so without demanding a
greater share of primary goods? Cohen argues that this demand for incentives is
exploitative. If the talented changed their outlook, we would have greater
equality and improvement of the lives of the worst off. Rawls’ theory deals
with principles governing political institutions and the basic structure of
society, not with private actions and motivations. Cohen thinks egalitarianism
should be internalized. In Rawls’ theory, persons in the original position are
conceived of as self-interested, and a fair procedure for choosing principles
of justice ensures a commitment to distributive justice. But that is a product
of the fairness of the choice scenario and the self-interest of the
participants. Cohen thinks that egalitarianism as a moral and political
imperative should motivate individual choices and actions, not only shape the
basic structure of society and its institutions. Still, as a matter of public
policy, Cohen deems Rawls’ view a radical improvement on contemporary society.
His objection is that the difference principle is subordinate to unjust
motivations and attitudes. Justice requires that we have egalitarian
motivations, and therefore the talented should never demand the incentives
allowed by the difference principle. Egalitarianism is a normative ideal, and
talented persons ought to work productively and support redistributive policies
to pursue equality without demanding a greater share of primary goods. Rawls
thinks that in actual societies people will have a variety of motivations. The
problem for Cohen is that the original position models persons as
self-interested rather than egalitarian. He concludes that the difference
principle is not just.
f. Luck Egalitarianism
We now turn to a view that combines egalitarianism, Rawls’ rejection of
the influence of morally arbitrary factors, and an emphasis on the values of
choice and responsibility. Rawls’ social contract view holds that the morally
arbitrary should not fundamentally determine the distribution of primary goods
or people’s life prospects. So one’s family, one’s innate talents, and one’s
starting place in society should not shape one’s life prospects or distributive
share unless this benefits the worst off. These factors are undeserved and
should not alone determine the distribution of benefits and burdens in society.
Luck egalitarianism distills this thought into a complete theory of
distributive justice. The ideal distribution is sensitive to people’s choices
and informed gambles, but not to brute luck in the distribution of talents and
opportunities. For the luck egalitarians, our capacities for free deliberation,
choice, and action are pre-institutional. Therefore, they should inform and
determine the principles of distributive justice, and the institutional
expectations for entitlement and deservingness. (Hurley argues that this is a
crucial feature of luck egalitarianism.) These features of the self are not
ignored in Rawls’ view, but they do not fundamentally shape the institutions.
Luck egalitarianism is a responsibility-sensitive conception of equality
and a system for distributing goods and aid under conditions of scarcity. It
prioritizes aid to those who suffer through no fault of their own. It is a
non-equalizing commitment to substantive distributive justice. Equality
provides a baseline, though in a quite different way from Rawls. The role of
equality here is what we can call ex ante equality. At the starting gate of
life, we should be equal in some sense. Depending on the favored metric, we
should begin with an equal amount of resources or opportunity for welfare. The
luck egalitarian ideal is that we start on an equal footing, and then the
outcomes of our life choices and freely taken gambles should determine our
future holdings. Inequality therefore can be just. It is not just because it
brings about some further social good, as the difference principle allowed for
inequalities that improve the objective condition of the worst off. Rather,
inequalities are justified by being brought about in the right way, by having
the right sort of causal origin.
Indeed, luck egalitarianism is an alternative way to develop the
emphasis on choice, responsibility, and individual sovereignty that leads some
to reject egalitarianism entirely. Cohen argues that the view co-opts these
values from the anti-egalitarians. Luck egalitarianism is not opposed to
inequality per se; it is opposed to inequalities that have the wrong sort of
origins. Inequalities based in brute luck, that is, the type of morally
arbitrary factors cited by Rawls (innate talents, parentage, starting place in
society) generate unjust inequalities. But option luck, that is, luck in the
outcomes of freely taken risks or gambles, lead to just inequalities. As with
the capabilities approach, luck egalitarianism may be combined with other
principles of justice. (See Cohen on community.)
One objection to luck egalitarianism is based in skepticism about free
will and moral responsibility. The theory hinges on the moral importance of
choice and responsibility. If there is no robust conception of free will and
moral responsibility, why think that inequalities caused by our choices are
just?
Another worry about the theory is abandonment. Does luck egalitarianism
offer no aid to those who suffer because of choices with poor outcomes? If
inequalities are just whenever they are caused by choice, then is there no
minimum level of well-being guaranteed for all? One sort of response to this
worry is combining luck egalitarianism with other political values. Cohen
argues that a commitment to community prohibits inequalities that would be
allowed in a purely luck egalitarian system. Kymlicka argues that luck
egalitarianism can be combined with social egalitarian views that likewise
prohibit some inequalities that might be allowed by luck egalitarianism.
Anderson develops a social egalitarian view and is a strong critic of
luck egalitarianism. Her conception of democratic equality is not only a
development of the capabilities theory but also an explicit rejection of luck
egalitarianism. She thinks that the luck
egalitarian focus on brute luck means the theory completely misses the social
nature of inequality. She objects that luck egalitarianism ends up trying to
correct the “cosmic injustice” of brute luck in an attempt to ensure that
people get what they deserve, and that this blinds them to the social
oppression and exploitation that constitutes inequality. Unjust inequality has
to do with social relationships.
Another question facing those who support luck egalitarianism is how to
define equal starting places. This leads us into the larger issue of what
constitutes equality of opportunity.
3. Equality of Opportunity
What if there are dramatic inequalities in the opportunities for choice,
education, and careers? This is a problem for luck egalitarians, because they
need to specify a starting gate conception of equality. It is also a pressing
issue for the other conceptions of equality.
Dworkin argues that inequalities can be historically justified when
persons made their choices from an equivalent set of options. This commits luck
egalitarianism to robust equality of opportunity. However, his standard is
difficult to interpret, since citizens can never have a strictly equivalent set
of options, unless that set is so restricted that the society is dystopian.
There must be some standard to define when their options are fungible or
equivalent enough. However, this is a massive problem for egalitarian theory,
and it seems luck egalitarianism’s values of choice and responsibility alone
cannot solve it. Answering that problem requires some other standard of value.
When do persons have equal opportunities?
Equality of opportunity is a natural extension of the descriptive thesis
that affirmed the equality of all persons. The descriptive thesis is
incompatible with forms of oppression that rule out classes of people from
competing for certain positions within society. A denial of the descriptive
thesis entails a denial of a commitment to equality opportunity. But what
exactly does equality of opportunity require? It can be understood as ranging
from merely formal equality of opportunity to substantive equality of
opportunity. The more one approaches the latter, the more one becomes committed
to substantive distributive justice.
Formal equality of opportunity requires that desirable positions and
resources in society be allocated by open and meritocratic competition. Firms,
government agencies, and universities are appropriate candidates for such
equality of opportunity. This requires little or no substantive distributive
justice. It does require that all citizens can participate in the competition,
and that the winners are chosen on the basis of purely meritocratic concerns.
Meritocracy requires that the traits that determine who wins the competition
actually predict success in the position. Formal equality of opportunity
prohibits allocating positions on the basis of gender, ethnicity, and so on.
This deals only with opportunities, not outcomes. It does not address systemic
inequalities in who wins the meritocratic competitions.
Substantive equality of opportunity addresses both the procedures for
allocating positions and the preparation of the candidates that determine their
chances of success. It deals with both fair procedures and the actual outcomes
of those procedures. For example, if positions are open on the basis of purely
meritocratic competition, but the advantages conferred by wealthy parentage are
so overwhelming that only the children of the wealthy win the desirable
positions, this is merely formal equality of opportunity. Those who support
substantive equality of opportunity argue that the merely formal is morally
inadequate.
Consider Bernard Williams’ example of a hypothetical warrior society. In
the past, this was a caste society in which warriors had high prestige and the
majority of wealth. The society transitions to a system of formal equality of
opportunity. Under the old order, only the sons of wealthy families were eligible
to be chosen as warriors. All others were consigned to poverty and subjugation.
Now, warrior positions are allocated under a system that exhibits formal
equality of opportunity. Under the new order, there is a meritocratic
allocation of the desirable warrior positions. These desirable positions are
distributed according to the results of an open, meritocratic, and fair tryout.
Rich and poor alike may enter the competition. There is no bias in judging the
winners and losers. Stipulate that women may now obtain these positions.
Success in the examination is predictive of success as a warrior, so the system
is meritocratic.
However, this is all compatible with only the offspring of warriors
having adequate nutrition and training to succeed in the competition. Although
careers are open to talents, the poor have no chance to cultivate the relevant
talents. Even those with the luck to be born with innate ability have their
prospects defined by their parentage. Those who were not born to a warrior
family cannot succeed. Therefore, the old social hierarchy will persist, even
though a strict caste system has been replaced by open, meritocratic procedures
that satisfy formal equality of opportunity.
A formal equality of opportunity defender might point out that the
long-term outlook for this social hierarchy is made much more tenuous by the
implementation of formal equality of opportunity. Other changes to the society
could impact the levels of inequality. The dominant positions in society are
subject to change over time in a way that they were not under the original
caste system.
Still, from the egalitarian perspective, this meritocratic society is
unjust. That destabilizing forces can change things under formal equality of
opportunity does not redeem the status quo. The current situation is unjust,
and destabilizing change would not entail that the next distribution will be
just, only that the individuals occupying the dominant and subordinate positions
will change. The transition might be to one in which different non-meritocratic
attributes correlate with having any chance for success; say, from warrior
families to merchant families, or that the offspring of a small set of
occupations will be the only ones with a genuine opportunity to succeed.
A perfectionist, someone who thinks that society should maximize the
pursuit of some particular conception of the good, could argue that formal
equality of opportunity is adequate because the concentration of wealth, which
in turn prepares people to flourish as warriors, creates the best set of
warriors overall. One can object to this on perfectionist terms (that
generating the best warriors is not the proper overriding good, or that this
system does not generate the best set of warriors) or on Rawlsian terms of
liberal justice (no one conception of the good should be made sovereign in a
free society, and no one would agree to this arrangement in the original
position).
Suppose the example is shifted slightly. Rather than only the sons of
wealthy high caste families having any opportunity to succeed, there is a small
amount of social mobility. Some not born into a privileged position win the
meritocratic competition. There is not substantive equality of opportunity, but
there is both formal equality of opportunity and actual mobility. A supporter
of substantive equality of opportunity will still object that it is the
strength of the correlation between family background, the resources provided
by that background, and obtaining a warrior position is itself adequate
evidence of the inadequacy of formal equality of opportunity. These concerns
push one to rely on another metric, such as resources, to attain a substantive,
material form of equality of opportunity.
Of course, examples need not be so rigid as Williams’ caste society. A
collection of informal social attitudes and practices may also violate equality
of opportunity. If women are not seen as capable of being good pilots, then
hiring and promotion procedures will lack genuine formal equality of
opportunity, even if this is neither inscribed in company policy, in law, or in
a caste system. These impediments to equality of opportunity are endemic in
contemporary society. There are more strategies for answering these problems
than can possibly be described in this brief article, so we will mention only
two that expand upon views already covered. Rawls (2009) developed a conception
of fair equality of opportunity that undermines the role of class, race,
gender, or caste to determine life prospects. Fair equality of opportunity
requires that persons of equivalent talent who expend equivalent effort have
equivalent outcomes. Roemer (2009) provides a sophisticated luck egalitarian
account of equality of opportunity that separates people into different types.
The competitions that allocate desirable resources and positions should be
designed so that effort is rewarded. The details of this scheme are beyond the
scope of this article, but these two views are good starting places for readers
who want to research the issue in greater depth.
4. Anti-Egalitarianism
An obvious form of anti-egalitarianism rejects the descriptive thesis.
If persons are not equal, then there is no moral imperative to pursue
substantive distributive justice. Sexism, racism, caste discrimination, and so
on are obviously not views that lead into egalitarianism. These objections are
beyond the scope of this article.
A common political objection to egalitarianism is that it is based in
envy. None of the theories canvassed in this article are explicitly based in
envy, so this objection has more to do with the alleged psychological
motivations for becoming an egalitarian rather than criticism of egalitarian
arguments themselves. Of course, Rawls’ theory explicitly rejects envy. Persons
in the original position want to secure the greatest number of primary goods
for themselves. Their choice is not impacted by envy of those who may end up
with an even greater share of primary goods.
A second political objection is that egalitarianism undermines
productivity. If the state redistributes income or other resources, then there
is less incentive to be productive. Egalitarians can deny this on empirical
grounds, object that total productivity is not the most important criterion, or
attempt to harness the way that incentives motivate productivity (as with
Rawls’ difference principle).
A practical objection is that a commitment to distributive equality
would lead us to “level down” the allocations of those who have more for no
real benefit. Suppose all the members of a population have x units of your
preferred metric of distributive justice, except for one person who has 2x. Now
consider whether it is desirable to transition from that distribution to one in
which everyone holds x units. This makes one person worse off and no person
better off. The distribution is now equal, but is it preferable? Is it more
just? A strict egalitarian can respond that if equality is intrinsically
valuable then the distribution is improved in that respect. They are not
strictly committed to concluding that this makes the new distribution
preferable overall. That only follows if equality is the overriding or sole
value. If equality must be balanced against other values, then egalitarians have
an answer to the leveling down objection. A strict egalitarian who thinks
equality is instrumental already accepts other values, so they can argue that
in these cases equality is not instrumental in bringing about the desired
consequences.
The leveling down objection is a threat to views that pursue strict
equality. Non-equalizing conceptions of substantive distributive justice avoid
the problem. What most theories aim to do is improve the condition of the worst
off and thereby lessen inequality, not pursue strict equality unconditionally.
Views that prioritize aid to the worst off or support a sufficient minimum
floor are not obviously subject to this objection. Even if one thinks it is
morally obligatory to redistribute resources to improve the condition of those
who are worse off than others, it does not follow that it is obligatory to
destroy resources when that is the only way to achieve distributive equality.
Perhaps the most philosophically interesting objections to
egalitarianism are themselves based in the descriptive thesis that all persons
are in fact equal. One objection is that egalitarian distributive justice is
insufficiently sensitive to both deservingness and human agency. A second is
that there is no just way to implement a redistributive scheme that aims
towards equality, because doing so violates freedoms and rights that follow
from our equality.
Welfare egalitarianism, resource egalitarianism, the capabilities
approach, and Rawls’ difference principle are patterned conceptions of distributive
justice as opposed to historical conceptions. Strict egalitarianism defines a
pattern of equal shares, the various capabilities approaches define patterns
involving a sufficient minimum below which persons cannot fall, and the
difference principle states that the level of permissible deviation from the
baseline of equality is defined by what is necessary to raise the absolute
condition of the worst off.
Nozick (1974) argues against all patterned conceptions of distributive
justice. He claims that according to patterned conceptions of justice, if a
given pattern is just, it makes no difference which persons occupy which places
in the distribution. Justice is defined in terms of structural features of the
pattern, not the identity of those occupying specific places in the pattern.
Yet that seems counterintuitive. Those at the top might deserve their place on
the basis of working hard. Inequalities might be generated by the voluntary
transfer of goods that took place in a distribution that was already just.
Nozick concludes that, rather than favoring a patterned conception of
distributive justice, we ought to understand distributive justice in terms of
historical entitlements and voluntary transactions. He agrees with Rawls that
the distribution of natural talents is not a basis for deservingness, but
denies that this means the distribution of those talents (and the varying
wealth and income derivable from them) is arbitrary from the moral point of
view. It is not arbitrary because natural talents are implicated in the
normative relationship of self-ownership. Persons own themselves. That includes
their native abilities. This means that, by extension, they hold strong
entitlements to the property they can obtain by exercising those (undeserved)
talents.
Since Nozick was primarily responding to Rawls’ Theory of Justice, it is
worth looking at this objection and the extent it threatens patterned
conceptions in general and Rawls’ conception in particular. Rawls’ view can be
defended against Nozick’s objection that according to patterned conceptions of
distributive justice, it should not matter which individual occupies which
place in the pattern. Consider the role given to institutional expectations and
institutional desert. Rawls’ theory allows for people to deserve property so
long as the state’s institutions have created the reasonable expectation of
such property rights. In other words, entitlement to property is generated by
the basic structure of the state. Institutional expectations ground such entitlements.
Therefore, his view is compatible with a conception of private property that is
not indifferent to which persons occupy which positions in the distribution. Of
course, Nozick, following Locke, thinks individuals can have preinstitutional
entitlements, so his view of property rights is much stronger.
Still, in Rawls’ patterned view of distributive justice, it must matter
which particular individuals occupy which places in the patterned distribution,
because the point of the difference principle is that scarce talents are
harnessed for the benefit of all. There is a causal relationship between which
persons occupy which positions and the pattern of the total distribution. The
size of the economic pie is defined by which people occupy which places.
Switching places would change total productivity and harm the absolute
condition of the worst off. Rawls argues that a given society’s distribution of
goods is just if it matches the difference principle. The specific pattern
depends on myriad factors, and those factors cannot be held constant while you
switch the persons occupying the different positions in the pattern. For
example, if in a given state greater incentives are required to motivate some
of the highly talented to be more productive, you cannot switch their place in
the pattern without changing the productivity level. In such cases, Nozick’s
discussion of switching persons within the pattern would necessarily modify the
pattern itself. The hypothetical place switching across identical patterns
cannot be implemented. So what Nozick means by “patterned” does not capture
everything that matters in substantive distributive justice. This response also
applies to luck egalitarian accounts of distributive justice. Luck
egalitarianism is committed to having shares allocated in accordance with the
individual’s choices and option luck. (For a much stronger desert-based
alternative, see Kagan 2012.)
Nozick’s second objection has to do with individual liberty to make
voluntary transactions. Suppose an actual distribution meets your definition of
a just pattern, whatever that may be. So long as persons can make voluntary
transactions (purchases, gifts, trades, bequests), the original pattern will be
lost. This all happens without exploitation or coercion. The only way to regain
the pattern is to for the state to interfere with these voluntary transactions
and coercively redistribute the resources. But that is objectionable for two
reasons. First, since the deviation from the initial pattern was entirely
voluntary, nobody has a valid objection to the second pattern. It wrongs no
one, since every transaction that changed the pattern was consensual. Second,
coercive redistribution to retain the original pattern must violate property
rights. In the initial distribution, which we stipulate was just, each had a
right to their holdings. Through voluntary transfers, the new pattern was
generated. But if the transactions were voluntary, the new owners of these
resources are as entitled to them as the original owners were. The original
pattern was just and therefore it is neither required nor permissible for the
state to redistribute anything. Egalitarian redistribution enforced by the
state must violate property rights. No program can pursue substantive
distributive justice through redistribution, because such redistribution is unjust.
This anti-egalitarianism is crucial for Nozick’s understanding of the
descriptive thesis: individual rights, including the right to own and transfer
property, constitute our equality. Those rights preclude systems of imposing,
retaining, or regaining a specific distributive pattern. His understanding of
equality is incompatible with egalitarianism. Nozick concludes that we should
understand distributive justice in formal and historical terms, not in terms of
patterning. He then argues for a set of historical principles governing the
original acquisition and subsequent transfer of property. Nozick affirms that
persons are equal, but this means that each person has equally strong property
rights. The descriptive thesis on this view entails a denial of egalitarianism.
Egalitarianism can only be pursued by violating the property rights that follow
from our equality.
a. Sufficiency vs. Equality
There is also a sufficiency objection to strictly equalizing views.
Frankfurt objects that
The mistaken belief that economic equality is important in itself leads
people to detach the problem of formulating their economic ambitions from the
problem of understanding what is most fundamentally significant to them. It
influences them to take too seriously, as though it were a matter of great
moral concern, a question that is inherently rather insignificant and not
directly to the point, namely, how their economic status compares with the
economic status of others. In this way the doctrine of equality contributes to the
moral disorientation and shallowness of our time. (Frankfurt 1987)
A person focused on strict egalitarianism evaluates their own life and
holdings based on something impersonal and independent of the particular
features of their own lives and their own personal needs. Egalitarianism is
harmful.
However, the egalitarian impulse is really based in something that is of
moral importance—the principle that all persons should have a sufficient level
of well-being. On Frankfurt’s view, people become egalitarians on the basis of
compelling reasons, but those reasons have to do solely with sufficiency, not
equality.
It seems clear that egalitarianism and the doctrine of sufficiency are
logically independent: considerations that support the one cannot be presumed
to provide support also for the other. Yet proponents of egalitarianism
frequently suppose that they have offered grounds for their position when in
fact what they have offered is pertinent as support only for the doctrine of
sufficiency. Thus they often, in attempting to gain acceptance for
egalitarianism, call attention to disparities between the conditions of life
characteristic of the rich and those characteristic of the poor. (Frankfurt
1987)
The case for egalitarianism is usually only a case against poverty.
The fundamental error of egalitarianism lies in supposing that it is
morally important whether one person has less than another regardless of how
much either of them has. […] The economic comparison implies nothing concerning
whether either of the people compared has any morally important unsatisfied
needs at all nor concerning whether either is content with what he has.
(Frankfurt 1987)
Defenders of equality must show that substantive distributive justice is
not captured by concerns over sufficiency alone. We will use Scanlon as a
representative example. (See also Parfit and O’Neill for discussions of
equality as opposed to sufficiency.) Scanlon offers five sorts of reasons to be
concerned with equality and not merely sufficiency. 1. Some inequalities create
humiliating differences in status. One could object that sufficiency is
whatever level required to avoid humiliation and shame. However, the level is
sensitive to differences between the better off and worse off rather than being
determined by objective or unchanging standards. This means that, contra
Frankfurt, we are intrinsically concerned with differences between people, not
just that everyone meets some sufficient benchmark. 2. Inequalities can give
those who have more an unjust amount of power over others. 3. Social
institutions are only fair if there is equality of starting places in society.
Inequality can undermine procedural fairness. We can see this in economic
competition, inequality of opportunity, and political influence. 4. Inequalities
can be objectionable when they involve failure to treat equally those who have
a claim to equal benefit. Just because everyone has a sufficient level of some
service or resource provided by the state does not mean that unequal allocation
is just. 5. Inequality can violate the claims of citizens to benefit from the
fruits of social cooperation. This is how Scanlon reads Rawls as egalitarian.
The participants in the original position are equal participants. The
presumption is that they have an equal claim to the benefits of social
cooperation. This is why equality is the benchmark from which inequalities are
judged, and only those that benefit everyone are permissible. The primary goods
are produced by social cooperation and, contra Nozick, the baseline or
benchmark is that every equal citizen has an equal claim to those benefits.
(For more on the debate between equality, sufficiency, and giving priority to
the worst off, see the references for Nagel, Parfit, and Scanlon. For
elucidating commentary on Scanlon, see Wolff 2013.)
5. Domestic or Global?
Many egalitarians hold a stronger domestic than global view.
Redistributive priority is given to fellow citizens over persons in other
nations. This, on its face, seems inconsistent or unwarranted. If one is
committed to equality, what difference could national borders make? Is it just
for a state to prioritize domestic distributive justice over global
distributive justice? As a pure matter of luck egalitarianism, the state into
which one is born is a paradigm example of brute luck. Having one’s life
prospects be determined by nation of origin seems as morally arbitrary as
having one’s life prospects determined by parentage. The arbitrariness of
nationality combined with the universality of the descriptive thesis (all
persons are equal) creates tension with domestic prioritization. On the other
hand, if redistributive justice deals with the allocation of goods produced by
the cooperation of citizens, then perhaps there is a justification for
prioritizing domestic over international redistribution. The amount of
redistribution required to address global inequality may depend on the nature
of the goods to be allocated as well as the degree of entanglement among the
world’s various states.
Consider an efficiency argument against global egalitarianism. One may
be an egalitarian yet argue for domestic priority based on increased costs of
sending aid to distant locations, difficulty with managing the efficient
distribution on the other end, or epistemic advantages of dealing with local
rather than remote issues. Peter Singer argues against the efficiency
rationale. Changes in modern transportation, financial systems, and information
technology have lessened most of the inefficiencies in aiding far away persons.
Singer’s argument is not about egalitarianism per se, but about preventing what
all reasonable people can agree are objectively bad states of affairs: famine,
starvation, epidemics, and so forth. So on the one hand, it is not egalitarian
in the sense of an equal distribution of some metric, but rather egalitarian in
the sense of doing away with suffering at the bottom rungs of the global
society.
Singer’s view is a useful example of moral obligations being global. If
moral obligations can be global, then perhaps so too can egalitarianism.
Proximity is arbitrary in his analysis: someone suffering nearby is no more
morally relevant than someone suffering far away. Given the magnitude of global
suffering, there is an egalitarian element to his utilitarian calculus. So long
as these objectively bad states of affairs are occurring, first world people
are obligated to work to prevent them. This will flatten global inequality. His
view can be taken in two ways: the strict reading requires sacrifice to the
point of marginal utility with the globe’s worst off, or a weaker (though still
radical) reading that requires significant sacrifice. However, Singer
constrains both readings with a utilitarian productivity argument: the first
world may need some excess consumer culture (that in the short term contradicts
our obligations to the worst off) to keep the economy at a level where it can
make the maximum contribution to the plight of the globe’s worst off.
Singer therefore takes the descriptive thesis to require radical,
obligatory sacrifice on the part of citizens in first world countries. Given
the amount of objectively bad states of affairs in the world, those who are
comparatively well off are obligated to reallocate resources to the worst off.
Onora O’Neill gives another example of global moral obligation. She
argues for a right not to be killed unjustly. Global resource inequalities
amount to de facto killings. They are unjust, since they can be avoided at
reasonable cost. There is no obligation to equalize anything globally, but
there is an obligation to avoid violating the global poor’s right to not be
killed unjustly. She gives an argument by analogy that highlights the tension
between property entitlements and distributive justice. In a lifeboat scenario,
one who has excess water and food but withholds it from others, who will die
without it, violates their right not to be killed unjustly. Property
entitlements vary in strength in different contexts. She then argues that the
planet is no different from a lifeboat, so that those dying from poverty and
famine have their right not to be killed unjustly violated. This argument
hinges on the contextual variability of property rights and the relative strength
of the right not to be killed over property rights. The right not to be killed
trumps property rights, so the redistribution required to avoid these killings
is obligatory. Unlike Singer, this does not generalize to an obligation to
prevent all objectively bad happenings globally. First world citizens are only
obligated to do what is required to secure everyone’s right not to be killed
unjustly. Yet this is radical, too—her conception of agency means that those
complicit in first world economies are killing the globe’s worst off.
Redistribution is the means to avoid these killings.
Given these types of arguments for global moral obligations, what can be
said in favor of domestic priority in egalitarian redistribution? If
distributive equality is a matter of justice, should redistribution be global?
As in the discussion of anti-egalitarianism, one obvious objection is to deny
that the descriptive thesis holds globally. Denying the equality of all the
globe’s people is not philosophically interesting. A stronger argument is that
the demands of egalitarian justice are tied up with institutions and practices
that are not global. If matters of distributive justice have to do with
coercive redistribution, then perhaps only persons living within the same state
fall under egalitarian requirements. If
so, global distributive justice would only apply if there were genuinely
powerful and coercive global institutions. Egalitarian obligations only arise
within a coercive political structure. That the state holds coercive power over
the citizens means that they should each be treated equally and, perhaps, that
the state should engage in redistribution to pursue equality of holdings.
Various forms of this view appeal to different features of the state. A similar
argument is that redistributive justice has to do with allocating the resources
made possible through social cooperation. If so, then the bonds of citizenship
matter to distributive justice, and we should treat domestic and international
inequality differently.
Another domestic-priority view is that egalitarian norms arise among
people who share political bonds and obligations, and those attachments are
local rather than global. These sorts of objections are not unconditionally
opposed to global egalitarianism; they rather object that egalitarianism is
tied to certain relationships and institutions that currently are not global.
Some egalitarians counter that the amount of global engagement, cooperation,
and institutional entanglement does generate global egalitarian obligations.
(For example, see Pogge 1989.)
Richard Miller gives a consequentialist argument for domestic
prioritization. Too much redistribution directed outside of a particular state
can have a destabilizing impact. Even if that state is well off compared to
others, as long as it has inequality in its own economy, then those on the
internal bottom rungs may become alienated if resources are taken out of their
economic system and sent to another country whose most deprived citizens are
even more worse off. The worst-off citizens within the relatively wealthier
state are participating in a scheme of social cooperation that benefits the
well off, their state engages in egalitarian redistribution, but the
redistributive scheme prioritizes the needs of the worst off in other
countries. It seems as though this scheme provides benefits to all but the
domestic worst off. This can undermine their commitment both to productive
labor and the respect for the rule of law. This in turn harms the state, makes
it less stable and productive, and therefore makes it less able to generate
external aid.
Miller also attempts to transcend the patriotism-cosmopolitanism dispute
by universalizing patriotic priority. For the vast majority of people, certain
universal human goods are only satisfied in local political communities. (The
exceptions are a miniscule small number of global elites.) Our need for social
interaction and political community is satisfied locally, as we do not share
rich attachments with persons across the globe. This changes the inherently
arbitrary nature of the state into which one was born into something morally
relevant. This is not a rejection of all global redistribution, but an attempt
to break from the view that patriotic priority and helping the globe’s worst
off are polar opposites. Combined with the previous consequentialist argument,
this means that in order to secure these universal human goods, we need
individual states, and within each state we need patriotic priority in
redistributive justice. Each person needs these goods categorically, they can
only be provided locally, and they are threatened when the redistributive
scheme within a given state does not exhibit patriotic priority. This is all
compatible with the descriptive thesis applying globally. On this view the
descriptive thesis only requires that we are not insensitive to the suffering
of others. We do have global obligations to assist others, but this does not
mean all the demands of distributive justice are all global.
A commitment to global equality requires radical, perhaps unrealistic
sacrifice. That can be taken as reason to reject global egalitarianism: persons
cannot reasonably be expected to bring about global equality. However,
normative principles specify what we ought to do, not what we are comfortable
doing. What we ought to do might require a complete change to our way of life.
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