Theories of Theories of Distributive JusticeDistributive Justice

Three IssuesThree Issues

1. Scope: Which entities are the legitimate recipients of burdens 1. Scope: Which entities are the legitimate recipients of burdens and benefits? This could include some people, all people, alland benefits? This could include some people, all people, all people and all future people, all people and some nonhuman people and all future people, all people and some nonhuman animals, etc.animals, etc.

2. Shape: What patterns or criteria should be used to determine2. Shape: What patterns or criteria should be used to determine who gets benefits? Classic answers are efficiency, equality, who gets benefits? Classic answers are efficiency, equality, priority, and sufficiency.priority, and sufficiency.

3. Currency: What material conditions should be distributed? 3. Currency: What material conditions should be distributed? Classic answers are resources, welfare, opportunities for Classic answers are resources, welfare, opportunities for welfare, basic capabilities, and access to advantage. welfare, basic capabilities, and access to advantage.

Three Issues continued Three Issues continued and Three Preconditions and Three Preconditions

Think of the relationship between the scope, shape, Think of the relationship between the scope, shape, and currency of distributive justice as follows: and currency of distributive justice as follows:

What What pattern pattern (shape) should be used to (shape) should be used to determine determine who who (scope) gets (scope) gets what what (currency)?(currency)?

Preconditions that lead to distributive justice:Preconditions that lead to distributive justice:

1. Scarcity of resources.1. Scarcity of resources.2. Technology developments.2. Technology developments.3. Normativity: what should be right/wrong or 3. Normativity: what should be right/wrong or

good/bad.good/bad.

Theories of Distributive Justice:Theories of Distributive Justice:A Partial List:A Partial List:

1. Libertarianism1. Libertarianism

2. Utilitarianism2. Utilitarianism

3. Microeconomics: Efficiency Theory + 3. Microeconomics: Efficiency Theory + Cost/Benefit Cost/Benefit

AnalysisAnalysis

4. John Rawls’ Liberalism4. John Rawls’ Liberalism

5. Post-Rawlsian Liberalisms5. Post-Rawlsian Liberalisms

6. Communitarianism6. Communitarianism

7. Feminist Approaches7. Feminist Approaches

8. Capabilities Approaches8. Capabilities Approaches

LibertarianismLibertarianism

Classically based on three rights:Classically based on three rights:

1. Life1. Life

2. Liberty 2. Liberty

3. Property3. Property

There is some debate as to which of these is There is some debate as to which of these is most important.most important.

LibertarianismLibertarianism

We can also think of libertarianism as an expression of three We can also think of libertarianism as an expression of three principles of justice:principles of justice:

1. Entitlement to what you own—your life, liberty, and property.1. Entitlement to what you own—your life, liberty, and property.2. Reparations to protect you against nuisance, trespass, fraud, 2. Reparations to protect you against nuisance, trespass, fraud,

andand force.force.3. Property Acquisition (from John Locke): you come to own things 3. Property Acquisition (from John Locke): you come to own things

by mixing your labor with them.by mixing your labor with them. Two provisos:Two provisos:

a. One must leave “as much and as good for others.”a. One must leave “as much and as good for others.”b. “’Nothing was made by God for man to spoil or b. “’Nothing was made by God for man to spoil or destroy” (e.g., you can only have as much land as destroy” (e.g., you can only have as much land as

you you can till, plant, improve, cultivate, and use). can till, plant, improve, cultivate, and use).

LibertarianismLibertarianism

Government:Government:

1. Exists only to defend and enforce the three 1. Exists only to defend and enforce the three basic rights.basic rights.

2. Is retaliatory and has a monopolistic claim to 2. Is retaliatory and has a monopolistic claim to the use of force against those who have the use of force against those who have violated the rights of others.violated the rights of others.

3. Should be a minimal state with a police and 3. Should be a minimal state with a police and military.military.

LibertarianismLibertarianism

Classification of Laws:Classification of Laws:

1. Those that protect people against 1. Those that protect people against themselves themselves

are illegitimate.are illegitimate.

2. Those that protect people against others are 2. Those that protect people against others are

legitimate.legitimate.

3. Those that require people to help others 3. Those that require people to help others

(positive rights) are illegitimate.(positive rights) are illegitimate.

Scope, Shape, and Currency Scope, Shape, and Currency of Libertarianismof Libertarianism

Scope: Covers all entities that can be said to Scope: Covers all entities that can be said to have (and possibly exercise) the right to life, the have (and possibly exercise) the right to life, the right to liberty, and the right to property.right to liberty, and the right to property.

Shape: The rights to life and liberty are based on Shape: The rights to life and liberty are based on equality; the right to property is based on priority.equality; the right to property is based on priority.

Currency: The three basic rights are distributed Currency: The three basic rights are distributed across society. These rights provide the across society. These rights provide the foundation for things such as resource acquisition foundation for things such as resource acquisition and welfare. and welfare.

Some Well-Known Libertarians Some Well-Known Libertarians

John Hospers Robert NozickJohn Hospers Robert Nozick

Although there is a separate Libertarian Party in Although there is a separate Libertarian Party in the United States, many republicans are real-the United States, many republicans are real-life or closet libertarians.life or closet libertarians.

LibertarianismLibertarianism

Some problems:Some problems:

1. Scarcity of private goods1. Scarcity of private goods

2. Public goods2. Public goods

3. Original acquisition of property3. Original acquisition of property

4. Standards for reparations are not well 4. Standards for reparations are not well defineddefined

5. Might be too environmentally stringent to 5. Might be too environmentally stringent to

protect people from things such as pollution protect people from things such as pollution

UtilitarianismUtilitarianism

Refer to the handout “Some Important Approaches to Western Refer to the handout “Some Important Approaches to Western Ethics.”Ethics.”

Utilitarianism as a theory of distributive justice is really Utilitarianism as a theory of distributive justice is really equivalent to utilitarianism as consequentialist approach to equivalent to utilitarianism as consequentialist approach to normative ethics.normative ethics.

Two main elements:Two main elements:

1. Principle of Utility: An action or policy is right if it maximizes 1. Principle of Utility: An action or policy is right if it maximizes good consequences over bad consequences for all beings good consequences over bad consequences for all beings that that stand to be affected by that action or policy.stand to be affected by that action or policy.2. Egalitarian Principle: Each person (or sentient being) to 2. Egalitarian Principle: Each person (or sentient being) to count for one and none should count for more than one.count for one and none should count for more than one.

Scope, Shape, and Currency Scope, Shape, and Currency of Utilitarianismof Utilitarianism

Scope: Classic versions of utilitarianism cover all Scope: Classic versions of utilitarianism cover all current people; other versions add in future people current people; other versions add in future people and/or all or most nonhuman animals.and/or all or most nonhuman animals.

Shape: Utilitarianism is based on equality and Shape: Utilitarianism is based on equality and utility.utility.

Currency: Hedonistic (conscious state) versions of Currency: Hedonistic (conscious state) versions of utilitarianism distribute pleasure and pain or utilitarianism distribute pleasure and pain or happiness and unhappiness; preference (success-happiness and unhappiness; preference (success-based) versions distribute the satisfaction and the based) versions distribute the satisfaction and the thwarting of preferences.thwarting of preferences.

Some Well-Known UtilitariansSome Well-Known Utilitarians

Jeremy Bentham John Stuart Mill Peter Jeremy Bentham John Stuart Mill Peter SingerSinger

UtilitarianismUtilitarianism

Some Problems:Some Problems:

1. It is hard to measure good and bad consequences 1. It is hard to measure good and bad consequences and and

compare them.compare them.

2. It is hard to predict consequences.2. It is hard to predict consequences.

3. It might require too much of us.3. It might require too much of us.

4. There can be distribution problems—average or 4. There can be distribution problems—average or

aggregate good or bad consequences.aggregate good or bad consequences.

5. Specific relationships and rights might be overridden.5. Specific relationships and rights might be overridden.

6. Would a good end justify a bad means? 6. Would a good end justify a bad means?

Microeconomics: Efficiency Theory + Microeconomics: Efficiency Theory + Cost/Benefit AnalysisCost/Benefit Analysis

This classically stems from Adam Smith:This classically stems from Adam Smith:

Laissez-Faire Economics Laissez-Faire Economics

is based on:is based on:

1. Efficiency1. Efficiency

2. Free Markets (minimal state)2. Free Markets (minimal state)

3. Competition3. Competition

Microeconomics: Efficiency Theory + Microeconomics: Efficiency Theory + Cost/Benefit Analysis Cost/Benefit Analysis

See the handout I distributed in class today.See the handout I distributed in class today.

MicroeconomicsMicroeconomics

Full-Cost (and Benefit) Accounting:Full-Cost (and Benefit) Accounting:

Take all known costs (and benefits), internal Take all known costs (and benefits), internal and external, into account and not just and external, into account and not just some costs and many benefits.some costs and many benefits.

Historically many environmentalists were Historically many environmentalists were fans of full-cost accounting as a vehicle for fans of full-cost accounting as a vehicle for making industries and governments making industries and governments accountable.accountable.

Scope, Shape, and CurrencyScope, Shape, and Currencyof Microeconomics of Microeconomics

Scope: Microeconomics directly covers Scope: Microeconomics directly covers only people who can express preferences only people who can express preferences in market behavior.in market behavior.

Shape: Microeconomics is based on Shape: Microeconomics is based on efficiency using the tool of cost-benefit efficiency using the tool of cost-benefit analysis.analysis.

Currency: Microeconomics distributes Currency: Microeconomics distributes preference satisfaction within markets. preference satisfaction within markets.

Microeconomics: Some ProblemsMicroeconomics: Some Problems

1. Problems with preferences:1. Problems with preferences: a. Confuses preferences with beliefs and values—the only thing that a. Confuses preferences with beliefs and values—the only thing that

counts counts is what gets expressed in market behavior.is what gets expressed in market behavior.

b. Are all preferences created equal?b. Are all preferences created equal?

2. Treats political questions as consumer questions—category mistake.2. Treats political questions as consumer questions—category mistake.

3. Who counts? What about people who don’t engage in market 3. Who counts? What about people who don’t engage in market behavior, behavior,

future generations of people, and people with little money?future generations of people, and people with little money? 4. What counts? What about animals, plants, ecological effects, 4. What counts? What about animals, plants, ecological effects,

biodiversity?biodiversity? 5. Indifference to distribution––only goal is efficiency. 5. Indifference to distribution––only goal is efficiency.

Economics is silent about inequalities and injustice.Economics is silent about inequalities and injustice.

More Problems with Microeconomics More Problems with Microeconomics

6. Problems with cost-benefit analysis (CBA):6. Problems with cost-benefit analysis (CBA): a. Costs and benefits are not always anticipated.a. Costs and benefits are not always anticipated. b. Difficulty/impossibility of precisely quantifying b. Difficulty/impossibility of precisely quantifying costs costs and benefits.and benefits. c. Some costs and benefits might be c. Some costs and benefits might be incommensurable.incommensurable. d. Subjects both the means and ends of decisions to d. Subjects both the means and ends of decisions to economic analysis. (CBA vs. Cost Effectiveness economic analysis. (CBA vs. Cost Effectiveness from handout.)from handout.) e. CBA tends to overwhelm or replace other ways of e. CBA tends to overwhelm or replace other ways of evaluation—especially moral/political evaluation.evaluation—especially moral/political evaluation.

And Still More Problems And Still More Problems with Microeconomicswith Microeconomics

7. Can we put a monetary value on everything? 7. Can we put a monetary value on everything? 8. Is economics value-neutral?8. Is economics value-neutral? It might rest on problematic value assumptions.It might rest on problematic value assumptions.9. Does economics assume certain features of human 9. Does economics assume certain features of human

nature? Are we fundamentally rational, preference nature? Are we fundamentally rational, preference maximizers? maximizers?

10. Is there something wrong with treating the 10. Is there something wrong with treating the environment as a scarce resource? This might environment as a scarce resource? This might miss miss symbolic, moral, political, etc. ties to nature.symbolic, moral, political, etc. ties to nature.

11. Economics might have no ethical basis at all and 11. Economics might have no ethical basis at all and might might lead to immoral actions.lead to immoral actions.

John Rawls’ LiberalismJohn Rawls’ Liberalism

See the handout I distributed in class today.See the handout I distributed in class today.

Scope, Shape, and CurrencyScope, Shape, and Currencyof Rawls’ Liberalismof Rawls’ Liberalism

Scope: Rawls’ theory directly covers all people, Scope: Rawls’ theory directly covers all people, as represented by heads of households, in liberal as represented by heads of households, in liberal societies. It might cover more than this.societies. It might cover more than this.

Shape: The equal liberty and equal opportunity Shape: The equal liberty and equal opportunity principles are based on equality; the difference principles are based on equality; the difference principle is based on sufficiency.principle is based on sufficiency.

Currency: The equal liberty principle distributes Currency: The equal liberty principle distributes primary goods, the equal opportunity distributes primary goods, the equal opportunity distributes opportunities for welfare, and the difference opportunities for welfare, and the difference principle distributes access to advantage. principle distributes access to advantage.

John Rawls’ Liberalism: Some ProblemsJohn Rawls’ Liberalism: Some Problems

1. Would the POPs really select Rawls’ principles?1. Would the POPs really select Rawls’ principles?

2. Is it rational to follow the maximin rule?2. Is it rational to follow the maximin rule?

3. Is the difference principle acceptable?3. Is the difference principle acceptable?

4. Is the original position really helpful?4. Is the original position really helpful?

5. Do future generations and nonhumans count?5. Do future generations and nonhumans count?

6. Is Rawls simply trying to justify the political 6. Is Rawls simply trying to justify the political system of system of

the United States?the United States?

7. How could Rawls’ system work internationally?7. How could Rawls’ system work internationally?

8. Basic problems inherent in social contract 8. Basic problems inherent in social contract approaches.approaches.

Post-Rawlsian LiberalismPost-Rawlsian Liberalism

There are many people who fall under this There are many people who fall under this label.label.

One example:One example:

Luck egalitarians: Because we’re not Luck egalitarians: Because we’re not responsible for much of who we are and what responsible for much of who we are and what we get in life (luck), we should redistribute we get in life (luck), we should redistribute resources as equally as possible. resources as equally as possible.

CommunitarianismCommunitarianism

Dedicated to the preservation or maintenance of Dedicated to the preservation or maintenance of communities.communities.

Different formulations:Different formulations:

1. The community can replace the need for principles of 1. The community can replace the need for principles of justice.justice.

2. The community can be the source of principles of 2. The community can be the source of principles of justice.justice.

3. The community can complement liberty and equality 3. The community can complement liberty and equality to to inform principles of justice.inform principles of justice.

CommunitarianismCommunitarianism

Differences between communitarianism and Differences between communitarianism and liberal/egalitarian theories of justice:liberal/egalitarian theories of justice:

Liberalism enshrines right over good.Liberalism enshrines right over good. Communitarianism enshrines good over right.Communitarianism enshrines good over right.

Liberalism: neutrality of the state.Liberalism: neutrality of the state. Communitarianism: the state promotes and Communitarianism: the state promotes and

defends particular conceptions of the good defends particular conceptions of the good life. life.

Scope, Shape, and CurrencyScope, Shape, and Currencyof Communitarianismof Communitarianism

Scope: Communitarianism classically covers all Scope: Communitarianism classically covers all people within specific communities.people within specific communities.

Shape: Community traditions are based on Shape: Community traditions are based on priority; justice within communities is based also priority; justice within communities is based also on priority and some combination of equality and on priority and some combination of equality and sufficiency.sufficiency.

Currency: Communitarianism distributes Currency: Communitarianism distributes community membership; specific communities community membership; specific communities can determine what to distribute.can determine what to distribute.

CommunitarianismCommunitarianism

Why people might be attracted to Why people might be attracted to communitarianism:communitarianism:

1. It gives richer accounts of people embedded 1. It gives richer accounts of people embedded within communities instead of viewing people within communities instead of viewing people fundamentally as autonomous individuals.fundamentally as autonomous individuals.

2. It might help explain why so many groups want 2. It might help explain why so many groups want their own forms of group or state autonomy.their own forms of group or state autonomy.

A Well-Known CommunitarianA Well-Known Communitarian

Michael WalzerMichael Walzer

CommunitarianismCommunitarianism

Why people might find communitarianism problematic:Why people might find communitarianism problematic:

1. Should a state really promote and defend particular 1. Should a state really promote and defend particular conceptions of the good life?conceptions of the good life?

2. How do we explain separate spheres/domains of 2. How do we explain separate spheres/domains of justice for different communities?justice for different communities?

3. What’s good about communities? They can be 3. What’s good about communities? They can be grounded in problematic traditions.grounded in problematic traditions.

4. Relativism.4. Relativism.

FeminismFeminism

See feminism within the handout “Some See feminism within the handout “Some Important Approaches to Western Ethics”Important Approaches to Western Ethics”

Also see the handout “Ecological Feminism”Also see the handout “Ecological Feminism”

What is feminism?What is feminism?

There are many different types of feminists. All of them typically There are many different types of feminists. All of them typically believe that some version of the following statements is true:believe that some version of the following statements is true:

1. Part of the structure of the world has been and still is 1. Part of the structure of the world has been and still is patriarchy—a system where groups of men have more powerpatriarchy—a system where groups of men have more power than groups of women and where groups of men have more than groups of women and where groups of men have more access to what societies esteem.access to what societies esteem.

2. Under patriarchy, sexist oppression (or domination or 2. Under patriarchy, sexist oppression (or domination or subordination) occurs.subordination) occurs.

3. Sexist oppression is morally wrong.3. Sexist oppression is morally wrong.4. Sexist oppression ought to be ended, and we should work 4. Sexist oppression ought to be ended, and we should work

toward toward a post-patriarchal (or post-feminist) world. a post-patriarchal (or post-feminist) world.

FeminismsFeminisms

Feminisms differ in terms of defining what Feminisms differ in terms of defining what oppression (or domination or oppression (or domination or subordination) is, how and why it occurs, subordination) is, how and why it occurs, and how it should be eliminated.and how it should be eliminated.

See the list of different feminisms in the See the list of different feminisms in the handout “Ecofeminism.”handout “Ecofeminism.”

Feminist Theories of JusticeFeminist Theories of Justice

Feminist theories of justice are related to Feminist theories of justice are related to feminist approaches to ethics:feminist approaches to ethics:

1. Care-based approaches.1. Care-based approaches.

2. Power-based approaches.2. Power-based approaches.

Feminist theories of justice tend to focus Feminist theories of justice tend to focus more on participatory justice and identity more on participatory justice and identity or recognition justice, rather than strictly or recognition justice, rather than strictly distributive justice.distributive justice.

Capabilities ApproachesCapabilities Approaches

These approaches are based on the idea These approaches are based on the idea that certain capabilities (or functions) are that certain capabilities (or functions) are central to human lives and distinctively central to human lives and distinctively make us human.make us human.

These approaches involve developing lists These approaches involve developing lists of human capabilities and creating social, of human capabilities and creating social, political, economic, legal, and moral political, economic, legal, and moral conditions for people to develop and conditions for people to develop and exercise the capabilities. exercise the capabilities.

Amartya Sen: “Development as Freedom”Amartya Sen: “Development as Freedom”

What ought to be distributed are:What ought to be distributed are:

1. 1. Elementary functionsElementary functions: “doings” and : “doings” and

“ “beings” such as having access to beings” such as having access to

adequate food and shelter that can be secured by adequate food and shelter that can be secured by

personal liberty, income, and wealth.personal liberty, income, and wealth.

2. 2. Complex functionsComplex functions: “doings” and “beings” such as: “doings” and “beings” such as

having self-respect and being able to take part inhaving self-respect and being able to take part in

political communities that depend on factors political communities that depend on factors

independent of possessing resources.independent of possessing resources.

Martha Nussbaum: “Capabilities Approach”Martha Nussbaum: “Capabilities Approach”

Central human functional capabilities thatCentral human functional capabilities that

ought to be distributed:ought to be distributed:

1. Life1. Life

2. Bodily health2. Bodily health

3. Bodily integrity3. Bodily integrity

4. Senses, imagination, and thought4. Senses, imagination, and thought

5. Emotions5. Emotions

6. Practical reason6. Practical reason

7. Affiliation toward other species and as the basis for self-respect 7. Affiliation toward other species and as the basis for self-respect

and dignityand dignity

8. Other species8. Other species

9. Play9. Play

10. Control over your political and material environment10. Control over your political and material environment

Sen’s and Nussbaum’s Sen’s and Nussbaum’s Capabilities ApproachesCapabilities Approaches

For Sen, a person who cannot exercise For Sen, a person who cannot exercise elementary and complex functions falls elementary and complex functions falls short of living a decent human life; for short of living a decent human life; for Nussbaum, a person who lacks capabilities Nussbaum, a person who lacks capabilities falls short of living a decent life.falls short of living a decent life.

Political and economic institutions ought to Political and economic institutions ought to facilitate and/or provide opportunities for facilitate and/or provide opportunities for people to exercise functions (Sen) or people to exercise functions (Sen) or capabilities (Nussbaum). capabilities (Nussbaum).

Scope, Shape, and CurrencyScope, Shape, and Currencyof Capabilities Approachesof Capabilities Approaches

Scope: Minimally these approaches cover Scope: Minimally these approaches cover all people.all people.

Shape: Capabilities approaches are based Shape: Capabilities approaches are based on hybrids of equality and sufficiency.on hybrids of equality and sufficiency.

Currency: Capabilities approaches Currency: Capabilities approaches distribute opportunities to exercise what it distribute opportunities to exercise what it fundamentally means to be human fundamentally means to be human (central functions or capabilities).(central functions or capabilities).