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219Prerogatives to Depart from EqualityRoyal Institute of Philosophy Supplement 58 95-112. 2006.Should egalitarian justice be qualified by an agent-relative prerogative to act on a preference for—and thereby in a manner that gives rise to or preserves a greater than equal share of the goods of life for—oneself, one's family, loved ones, or friends as compared with strangers? Although many would reply that the answer to this question must be ‘yes’, I shall argue here that the case for such a prerogative to depart from equality is much less far-reaching than one might think. I have in mind a…Read more
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342Libertarianism Without InequalityOxford University Press UK. 2003.Michael Otsuka sets out to vindicate left-libertarianism, a political philosophy which combines stringent rights of control over one's own mind, body, and life with egalitarian rights of ownership of the world. Otsuka reclaims the ideas of John Locke from the libertarian Right, and shows how his Second Treatise of Government provides the theoretical foundations for a left-libertarianism which is both more libertarian and more egalitarian than the Kantian liberal theories of John Rawls and Thomas…Read more
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95How to guard against the risk of living too long: the case for collective pensionsIn David Sobel, Peter Vallentyne & Steven Wall (eds.), Oxford Studies in Political Philosophy, Volume 3, Oxford University Press. 2017.This chapter provides a defense of a type of occupational pension, known as “collective defined contribution”, which is based on the idea that it is possible to limit the employer’s liability to nothing more than a set contribution while retaining many of the benefits of the collectivization of risks of a traditional defined benefit pension. CDC can be defended against a freedom-based objection from the right via an appeal to the following Hobbesian voluntarist justification: CDC constitutes a “…Read more
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295Review: Kamm on the Morality of Killing (review)Ethics 108 (1). 1997.A review essay of Frances Kamm's 'Morality, Mortality', Vol. 2, 'Rights, Duties, and Status' (New York: Oxford University Press, 1996).
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291Skepticism about Saving the Greater NumberPhilosophy and Public Affairs 32 (4): 413-426. 2004.Suppose that each of the following four conditions obtains: 1. You can save either a greater or a lesser number of innocent people from (equally) serious harm. 2. You can do so at trivial cost to yourself. 3. If you act to save, then the harm you prevent is harm that would not have been prevented if you had done nothing. 4. All other things are equal. A skeptic about saving the greater number rejects the common-sensical claim that you have a duty to save the greater number in such circumstances
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295On the Currency of Egalitarian Justice, and Other Essays in Political PhilosophyPrinceton University Press. 2011.G. A. Cohen was one of the most gifted, influential, and progressive voices in contemporary political philosophy. At the time of his death in 2009, he had plans to bring together a number of his most significant papers. This is the first of three volumes to realize those plans. Drawing on three decades of work, it contains previously uncollected articles that have shaped many of the central debates in political philosophy, as well as papers published here for the first time. In these pieces, Coh…Read more
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342Justice as Fairness: Luck Egalitarian, Not RawlsianThe Journal of Ethics 14 (3-4): 217-230. 2010.I assess G. A. Cohen's claim, which is central to his luck egalitarian account of distributive justice, that forcing others to pay for people's expensive indulgence is inegalitarian because it amounts to their exploitation. I argue that the forced subsidy of such indulgence may well be unfair, but any such unfairness fails to ground an egalitarian complaint. I conclude that Cohen's account of distributive justice has a non-egalitarian as well as an egalitarian aspect. Each impulse arises from an…Read more
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201Equality, ambition and insuranceAristotelian Society Supplementary Volume 78 (1): 151-166. 2004.Inequality is intrinsically bad when and because it is unfair. It follows that the ideal of equality is not necessarily realised by a distribution of resources which is envy-free prior to the resolution of risks against which people have an equal opportunity to insure. Even if the upshot of such an ex ante envyfree distribution is just, it is not necessarily fair.
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89Why even diminishing principles of entitlement must be regulated by strictly egalitarian principles: discussion of morality of freedomJerusalem Review of Legal Studies 14 (1): 158-168. 2016.In this article for a symposium on Joseph Raz's Morality of Freedom, I argue, contrary to Raz, that there is a sound case for the regulation of diminishing principles by strictly egalitarian principles.
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150Quinn on punishment and using persons as meansLaw and Philosophy 15 (2). 1996.In The Right to Threaten and the Right to Punish, Warren Quinn justifies punishment on the ground that it can be derived from the rights of persons to protect themselves against crime. Quinn, however, denies that a right of self-protection justifies the punishment of an aggressor solely on the ground that such punishment deters others from harming the victim of that aggression or others. He believes that punishment so justified would constitute a morally objectionable instance of using the punis…Read more
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343Moral luck: Optional, not brutePhilosophical Perspectives 23 (1): 373-388. 2009.'Moral luck' refers to the phenomenon whereby one's degree of blameworthiness for what one has done varies on account of factors beyond one's control. Applying concepts of Dworkin's from the domain of distributive justice, I draw a distinction between 'option moral luck,' which is that to which one has exposed oneself as the result of one's voluntary choices, and 'brute moral luck,' which is that which is unchosen and unavoidable. I argue that option moral luck is not ruled out on grounds of unf…Read more
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370Incompatibilism and the avoidability of blameEthics 108 (4): 685-701. 1998.I defend an incompatibilist 'Principle of Avoidable Blame' according to which one is blameworthy for performing an act of a given type only if one could instead have behaved in a manner for which one would have been blameless. First, I demonstrate that this principle is resistant to Harry Frankfurt-type counterexample. Second, I present a positive argument for this principle that appeals to the relation of blame to the 'reactive attitude' of indignation. Finally, I argue against the possibility …Read more
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161A Rejoinder to Fischer and TognazziniThe Journal of Ethics 14 (1): 37-42. 2010.In Otsuka ( 1998 ), I endorse an incompatibilist Principle of Avoidable Blame. In this rejoinder to Fischer and Tognazzini ( 2009 ), I defend this principle against their charge that it is vulnerable to Frankfurt-type counterexample.
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351Saving lives, moral theory, and the claims of individualsPhilosophy and Public Affairs 34 (2): 109-35. 2006.Have you a duty to save the greater rather than the lesser number from death when you cannot save all? Most moral philosophers would reply that you do, at least when so doing is of little cost to you and “all other things are equal,” which is to say that death is equally bad for each, and none of the imperiled is family or friend as opposed to a stranger, and so forth. It is, however, surprisingly difficult to provide sound theoretical support for such a seemingly uncontroversial duty. These dif…Read more
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395Prioritarianism and the Separateness of PersonsUtilitas 24 (3): 365-380. 2012.For a prioritarian by contrast to a utilitarian, whether a certain quantity of utility falls within the boundary of one person's life or another's makes the following moral difference: the worse the life of a person who could receive a given benefit, the stronger moral reason we have to confer this benefit on this person. It would seem, therefore, that prioritarianism succeeds, where utilitarianism fails, to ‘take seriously the distinction between persons’. Yet I show that, contrary to these app…Read more