Peter Vallentyne

This is the first volume of Equality and Justice, a six-volume collection of the most important articles of the twentieth century on the topic of justice and equality. This volume addresses the following three (only loosely related) issues: (1) What is the concept of justice? (2) Is justice primarily a demand on individuals or on societies? (3) What are the relative merits of conceptions of justice based on equality, based on priority for those who have less, and based on ensuring that everyone has a basic minimum, of the relevant goods?

Justice and Libertarianism The term ‘justice’ is commonly used in several different ways. Sometimes it designates the moral permissibility of political structures (such as legal systems). Sometimes it designates moral fairness (as opposed to efficiency or other considerations that are relevant to moral permissibility). Sometimes it designates legitimacy in the sense of it being morally impermissible for others to interfere forcibly with the act or omission (e.g., my failing to go to dinner with my mother may be wrong but nonetheless legitimate). Finally, sometimes it designates what we owe each other in the sense of respecting everyone’s rights. Of course, these notions are closely related. What we owe each other may, but need not, be partly based on issues of fairness. Legitimacy and permissibility of political structures are largely, but perhaps not entirely, determined by what rights of non-interference individuals have. Nonetheless, these are distinct notions and we shall focus only on what we owe each other. Justice as what we owe each other is not concerned with impersonal duties (duties owed to no one, i.e., that do not correspond to anyone’s rights). If there are impersonal duties, then something can be just but nonetheless morally impermissible. For brevity, we shall often write of actions being permissible or agents having a moral liberty, but this should always be understood in the interpersonal sense of violating no one’s rights. Libertarianism is sometimes advocated as a derivative set of rules (e.g., derived from rule utilitarian or contractarian doctrines). Here, however, we reserve the term for the natural rights doctrine that agents initially fully own themselves. Agents are full self-owners just in case they own themselves in precisely the same way that they can fully own inanimate objects. Stated slightly differently, full self-owners own themselves in the same way that a full chattel-slaveowner owns a slave. Throughout, we are concerned with moral ownership and not legal ownership..

The concept of agent-responsibility for an outcome (that is, of the outcome reflecting the autonomous choice of the agent) is central to both ethics and political philosophy. The concept, however, remains radically under-explored. In particular, the issue of partial responsibility for an outcome needs further development. I propose an account of partial responsibility based on partial causal contribution. Agents who choose autonomously in full knowledge of the consequences are agent-responsible, I claim, for the shift in the objective probability of the outcome in question that her choice induces. Thus, agents will typically be only partially agent-responsible (that is, for a shift of less than 100 percent) for any given outcome. The model has an implication that is generally rejected: that agents who purchase lottery tickets and win are agent-responsible for only part of the winnings

Libertarian theories of justice hold that agents, at least initially, own themselves fully, and thus owe no service to others, except through voluntary action. The most familiar libertarian theories are right-libertarian in that they hold that natural resources are initially unowned and, under a broad range of realistic circumstances, can be privately appropriated without the consent of, or any significant payment to, the other members of society. Leftlibertarian theories, by contrast, hold that natural resources are owned by the members of society in some egalitarian manner, and may be appropriated only with their permission, or with a significant payment to them. Left-libertarian theories have been propounded for over two centuries[i], but in recent years there has been a revival of interest in them. Theories roughly of this sort have been explored by Kolm [1985, 1986] and Gibbard [1976], advocated by Steiner [1994], Grunebaum [1987], and Van Parijs [1995], and criticized by Cohen [1995]

Natural properties are those that carve reality at the joints. The notion of carving reality at the joints, however, is somewhat obscure, and is often understood in terms of making for similarity, conferring causal powers, or figuring in the laws of nature. I develop and assess an account of the third sort according to which carving reality at the joints is understood as having the right level of determinacy relative to nomic roles. The account has the attraction of involving very weak metaphysical presuppositions, but fails to capture several features that natural properties are presumed to have.

We defend a version of left-libertarianism, and discuss some of its implications for global justice (and economic justice among nations in particular). Like the better known right-libertarianism, left-libertarianism holds that agents own themselves. Unlike right-libertarianism, left-libertarianism holds that natural resources (land, oil, air, etc.) are owned in some egalitarian sense and can be legitimately appropriated by individuals or groups only when the appropriations are compatible with the specified form of egalitarian ownership. We defend the thesis of self-ownership on the grounds that it is required to protect individuals adequately from interference in their lives by others. We then defend a particular conception of egalitarian ownership of natural resources according to which those who appropriate unappropriated natural resources must pay competitive rent (determined by supply and demand) for the rights that they have claimed. We then go on to apply the principles to issues of global justice. We defend the view that countries owe payments to a global fund for the value of unimproved natural resources that they have appropriated, and that this fund is to be divided on some egalitarian basis among the citizens of the world. We..

We shall focus on moral theories that are solely concerned with promoting the benefits (e.g., wellbeing) of individuals and explore the possibility of such theories ascribing some priority to benefits to those who are worse off—without this priority being absolute. Utilitarianism (which evaluates alternatives on the basis of total or average benefits) ascribes no priority to the worse off, and leximin (which evaluates alternatives by giving lexical priority to the worst off, and then the second worst off, and so on) ascribes absolute priority to the worse off (i.e., favors even a very small benefit to a worse off person over very large benefits to large numbers of better off people). Neither extreme view, we assume, is plausible.

Suppose that time is infinitely long towards the future, and that each feasible action produces a finite amount of utility at each time. Then, under appropriate conditions, each action produces an infinite amount of utility. Does this mean that utilitarianism lacks the resources to discriminate among such actions? Since each action produces the same infinite amount of utility, it seems that utilitarianism must judge all actions permissible, judge all actions impermissible, or remain completely silent. If the future is infinite, that is, the prospects for utilitarianism look bleak

An ethical theory is axiological just in case it makes the permissibility of actions depend solely on considerations of goodness. Act utilitarianism is the paradigm axiological theory. An ethical theory is a pure rights theory just in case it judges an action permissible if and only if it violates no one’s rights. Libertarianism is a paradigm pure rights theory. I shall formulate and defend a type of axiological theory that, unlike act utilitarianism, is sensitive in a new and interesting way to whether rights are violated.Let us start by briefly considering the strengths and weakness of act utilitarianism. Act utilitarianism judges an action permissible just in case it maximizes social welfare. It has many attractive features. It is a clearly formulated theory that draws on the machinery of decision theory. It takes a tough minded approach to morality: always focusing on the outcomes of actions. And it takes human welfare very seriously. The axiological theory I shall defend will have all these features.

Maximizing act consequentialism holds that actions are morally permissible if and only if they maximize the value of consequences—if and only if, that is, no alternative action in the given choice situation has more valuable consequences.1 It is subject to two main objections. One is that it fails to recognize that morality imposes certain constraints on how we may promote value. Maximizing act consequentialism fails to recognize, I shall argue, that the ends do not always justify the means. Actions with maximally valuable consequences are not always permissible. The second main objection to maximizing act consequentialism is that it mistakenly holds that morality requires us to maximize value. Morality, I shall argue, only requires that we satisfice (promote sufficiently) value, and thus leaves us a greater range of options than maximizing act consequentialism recognizes. The issues discussed are, of course, highly complex, and space limitations prevent me from addressing them fully. Thus, the argument presented should be understood merely as the outline of an argument.

David Gauthier's book represents the culmination of his work over the last twenty years on the theory of rational choice and on contractarian moral theory. It is the most important book on contractarianisni since Rawls‘ A Theory of Justice' and is mandatory reading for anyone specializing in contemporary moral theory. Gauthier does two distinct, although closely related, things in his book: (l) he defends a theory of rational choice, and (2) he defends a contractarian theory of morality. The two are related, since on his view moral principles are rational and impartial constraints on the pursuit of self—interest

We here address the question of how, for a theory of justice, a concern for the promotion of equality can be combined with a concern for making people as well off as possible. Leximin, which requires making the worst off position as well off as possible, is one way of combining a concern for making people’s lives go well with a special concern for those who are especially poorly off. Many egalitarians, however, reject its near-monomaniacal focus on the worst off position (to the exclusion of other poorly off persons). In this paper, we explore the possibility of combining a weak kind of egalitarianism with a weak kind of efficiency requirement in a way that avoids leximin’s obsession with the worst off position. For example, one may consider solving all cases where efficiency is not at issue by choosing the alternative that is most equal according to the Gini-coefficient or some other well-established inequality measure. All standard inequality measures sometimes judge an alternative as more equal than another alternative even though the latter maximizes the benefits of the worst off. Thus it may seem like a promising way of avoiding the leximin approach within an egalitarian framework. Surprisingly, given certain generally accepted assumptions, this turns out to be impossible. The only possible way of combining weak egalitarianism with weak efficiency requires, we shall show, the rejection of a widely accepted—but perhaps dubious—contraction consistency condition on justice or the acceptance of some version of the leximin principle

Under what conditions is it morally permissible to commit suicide, to assist in someone’s suicide, or to kill another person with his/her consent? Under what conditions is it morally permissible to use force to prevent such acts? I shall defend a libertarian answer to these questions. On this view, autonomous agents initially fully own themselves in the same sense that one can fully own an inanimate object such as a car. Just as full owners of cars are morally permitted, under a broad range of conditions, to destroy their cars or have someone else do so, autonomous agents who fully own themselves are permitted, under a broad range of conditions, to terminate their lives or to have someone else do so. Furthermore, under these conditions, other agents are not permitted to use force to prevent a full self-owner’s consensual death. I shall focus on consensual killing (i.e., with the killed person’s consent) of autonomous agents. This includes suicide, assisting with suicide, voluntary euthanasia, and even cases where a non-sick person requests that another kill her. I shall not address cases of killing that are involuntary (against the will of the person killed) or non-voluntary (where the being killed is not autonomous; e.g., killing animals, children, and incapacitated adults). These are important issues, but they cannot be addressed here.

I formulate and defend a theory of special procreative duties in the context of a liberal egalitarian theory of justice. I argue that (1) the only special duty that procreators owe their offspring is that of ensuring that their life prospects are non-negative (worth living), and (2) the only special duty that procreators owe others is that of ensuring that they are not disadvantaged by the procreators’ offspring (a) violating their rights or (b) adversely affecting their equality rights and duties.