Peter Vallentyne

In the old days, material egalitarians tended to favor equality of outcome advantage, on some suitable conception of advantage. Under the influence of Dworkin’s seminal articles on equality, contemporary material egalitarians have tended to favor equality of brute luck advantage---on the grounds that this permits people to be held appropriately accountable for the benefits and burdens of their choices. I shall argue, however, that a plausible conception of egalitarian justice requires neither that brute luck advantage always be equalized nor that people always bear the full cost of their voluntary choices. Instead, justice requires that initial opportunities for advantage be equalized---roughly along the lines suggested by Arneson and Cohen. Brute luck egalitarianism and initial opportunity egalitarianism are fairly similar in motivation, and as a result they have not been adequately distinguished. Once the two views are more clearly contrasted, equality of opportunity for advantage will, I claim, be seen to be a more plausible conception of equality.

I address an issue that arises for rights theories that recognize rights to compensation for rightsintrusions. Do individuals who never pose any risk of harm to others have a right, against a rightsintruder, to full compensation for any resulting intrusion-harm, or is the right limited in some way by the extent to which the intruder was agent-responsible for the intrusion-harm (e.g., the extent to which the harm was a foreseeable result of her autonomous choices)? Although this general issue of strict liability vs. fault liability has been much analyzed and debated, there is a promising position that, to the best of my knowledge, has not been much discussed. This is the view that (1) when the intruder is agent-responsible for violating the rights (e.g., does so knowingly), she owes the intrudee compensation for the entire intrusion-harm, but (2) when the intruder is not agentresponsible for wrongly intruding upon the rights (because the intrusion was not wrong or because the intruder could not reasonably have known it was wrong), then she owes the intrudee compensation only for the intrusion-harm for which she is agent-responsible (and not, for example, harm that she could not have reasonably foreseen). I shall develop and motivate this position without attempting a full defense. Throughout, I focus on the rights of the intrudee, against the intruder, to compensation and the correlative duty of the intruder to the intrudee. I’m pleased and honored to have this paper included in this collection in honor of Hillel Steiner. Much of what I know about rights and libertarianism I learned from him – both from his written works and from his very helpful correspondence over the years. Moreover, his intellectual rigor, honesty, and modesty have been a source of inspiration. Although Hillel has not written extensively on compensation for intrusion-harms, it is a topic central to his view of justice, as it is to mine.

Where there is a fixed population (i.e., who exists does not depend on what choice an agent makes), the deontic version of anonymous Paretian egalitarianism holds that an option is just if and only if (1) it is anonymously Pareto optimal (i.e., no feasible alternative has a permutation that is Pareto superior), and (2) it is no less equal than any other anonymously Pareto optimal option. We shall develop and discuss a version of this approach for the variable population case (i.e., where who exists does depend on what choice an agent makes). More specifically, we shall develop and discuss it in the context of a person-affecting framework—in which an option is just if and only if it wrongs no one according to certain plausible conditions on wronging.

In Are Equal Liberty and Equality Compatible?, Jan Narveson and James Sterba insightfully debate whether a right to maximum equal negative liberty requires, or at least is compatible with, a right to welfare. Narveson argues that the two rights are incompatible, whereas Sterba argues that the rights are compatible and indeed that the right to maximum equal negative liberty requires a right to welfare. I argue that Sterba is correct that the two rights are conceptually compatible and that Narveson is right that right to negative liberty does not conceptually require a right to welfare

Libertarianism holds that agents initially fully own themselves. Lockean libertarianism further holds that agents have the moral power to acquire private property in external things as long as a Lockean Proviso—requiring that “enough and as good” be left for others—is satisfied. Radical right-libertarianism, on the other hand, holds that satisfaction of a Lockean Proviso is not necessary for the appropriation of unowned things. This is sometimes defended on the ground that the initial status of external resources as unowned precludes any role for a Lockean Proviso. I shall show that this is a bad argument. Although I would argue that satisfaction of a Lockean Proviso is indeed a necessary condition for the appropriation of unowned things, I shall not attempt to establish that here. My goal here is more modest: to rebut one argument against the Lockean Proviso.

This problem has already been discussed by a number of authors.[i] Typically, however, authors take one of two extreme positions: they hold that all welfare should be taken at face value, or they hold that "suspect" welfare should be completely ignored. My contribution here is the following: First, I introduce the notion of unauthorized (suspect) welfare, of which welfare from meddlesome preferences, offensive tastes, expensive tastes, etc. are special cases. Second, I formulate four conditions of adequacy, applicable to any welfare-based theory, for dealing with unauthorized welfare. These conditions require that unauthorized welfare be "discounted" (play a restricted role) but not be completely ignored. Thus, I shall be exploring a position intermediate between taking "unauthorized" welfare at face value and simply ignoring it. Moreover, the four conditions jointly determine exactly how existing welfare-based theories need to be revised so as to be appropriately sensitive to unauthorized welfare.

Earl Conee is a well known contemporary defender of the impossibility of moral dilemmas. In his 1982 paper "Against Moral Dilemmas" he argued that moral dilemmas are impossible because the existence of such a dilemma would entail that some obligatory action is forbidden, which is absurd. More recently, in "Why Moral Dilemmas are Impossible" he has defended the impossibility of moral dilemmas by claiming that the moral status of an action depends in part on the moral status of its alternatives. I will here argue that this claim -- as he understands it -- is sufficiently controversial to undermine the force of his argument.

Left-libertarianism, like the more familiar right-libertarianism, holds that agents initially fully own themselves. Unlike right-libertarianism, however, it views natural resources as belonging to everyone in some egalitarian manner. Left-libertarianism is thus a form of liberal egalitarianism. In this article, I shall lay out the reasons why (1) left-libertarianism holds that (a) private discrimination is not intrinsically unjust and (b) it is intrinsically unjust for the state to prohibit private discrimination, and (2) that, nonetheless, a plausible version of left-libertarianism holds that it is unjust for the state (and many private individuals) to take no steps to offset the negative effects of systematic private discrimination. The basic line is not new. It is simply that there is nothing unjust in principle with private discrimination, but there is (at least typically) something unjust about doing nothing to promote equal life prospects.

We address the question of how finitely additive moral value theories (such as utilitarianism) should rank worlds when there are an infinite number of locations of value (people, times, etc.). In the finite case, finitely additive theories satisfy both Weak Pareto and a strong anonymity condition. In the infinite case, however, these two conditions are incompatible, and thus a question arises as to which of these two conditions should be rejected. In a recent contribution, Hamkins and Montero (2000) have argued in favor of an anonymity-like isomorphism principle and against Weak Pareto. After casting doubt on their criticism of Weak Pareto, we show how it, in combination with certain other plausible principles, generates a plausible and fairly strong principle for the infinite case. We further show that where locations are the same in all worlds, but have no natural order, this principle turns out to be equivalent to a strengthening of a principle defended by Vallentyne and Kagan (1997), and also to a weakened version of the catching-up criterion developed by Atsumi (1965) and by von Weizsäcker (1965). Footnotes1 For valuable comments, we would like to thank Marc Fleurbaey, Bart Capéau, Joel Hamkins, Barbara Montero, Tim Mulgan, and two anonymous referees for this journal.

In this nicely written book, Dale Murray critically discusses the moral rights posited by Robert Nozick in Anarchy, State, and Utopia. His focus is on these rights and not on Nozick's arguments about the justness of the state. He argues that Nozick's rights to compensation give rise to rights to government-financed health care and that Nozick should recognize a natural right to enough goods to ensure a reasonable chance of living a decent and meaningful life (if feasible for all). Murray also discusses issues such as the role of invisible hand arguments, moralized conceptions of freedom, and the issue of whether just steps (transactions) preserve the justice of situations.

I argue that the liberty condition of Sen's important impossibility of a Paretian liberal result is not a condition that liberals (or libertarians) would accept. The problem is that an appropriate liberty condition must be formulated in terms of consent - not in terms of preference. To formulate an adequate condition the framework needs to expand from collective choice rules (which only take information about preferences as input) to rights-based social choice rules (which also take as input information about which options have been consented to and which would violate someone's rights). I formulate a more adequate liberty condition based on the notion of consent that is acceptable to liberals, and then show that Pareto optimality is incompatible even with that condition. I then show how the liberty condition can be weakened in a plausible manner, and describe an interesting class of theories - rights-based Paretian theories - that satisfy the Pareto optimality requirement while being sensitive to liberty considerations.

Traditional act utilitarianism judges an action permissible just in case it produces as much aggregate utility as any alternative. It is often supposed that utilitarianism faces a serious problem if the future is infinitely long. For in that case, actions may produce an infinite amount of utility. And if that is so for most actions, then utilitarianism, it appears, loses most of its power to discriminate among actions. For, if most actions produce an infinite amount of utility, then few actions produce non-maximal utility, and so most actions are permissible.1 I will argue that potentially infinite futures create no major problems for utilitarianism. Utilitarianism has, I argue, the resources to distinguish among actions all of which produce infinite amounts of utility -- judging some permissible and some impermissible. For brevity of expression I will focus on act utilitarianism, but all the points apply equally well to many other traditional forms of utilitarianism

D. M. Armstrong, Michael Tooley, and Fred Dretske have recently proposed a new realist account of laws of nature, according to which laws of nature are objective relations between universals. After criticizing this account, I develop an alternative realist account, according to which (1) the nomic structure of a world is a relation between initial world-histories and world-histories, and (2) a law of nature is a fact that holds solely in virtue of nomic structure (and not, for example, in virtue of past history).