Compensation vs. Fair Equality of Opportunity

ABSTRACT In this paper I attempt to show that our commonly shared ideas of justice, which include principles of fair distribution and of compensation for past injustices, tend to come into conflict in practice, and generate serious dilemmas for persons in certain positions of authority, such as managers. I identify the source and nature of such dilemmas, and sketch a rough pattern for analysing and partially resolving conflicts between the duty not to discriminate unfairly and the duty to compensate for past unfair discrimination. After stating what I regard as widely shared ideas of justice, I emphasise their application to actual policy decisions of the small-scale sort, using general precepts for avoiding or minimising conflicts. The precepts include a commitment to the priority of compensatory justice. The paper includes theoretical portions, principally defences of my position against other views on the relationship between compensation and fair distribution. I end with an examination of the virtues and limitations of money as a tool for compensatory social policies.     

In Defense of Rawlsian Fair Equality of Opportunity

Richard Arneson argues that Fair Equality of Opportunity (FEO) should be rejected, since it is not only too weak and too strong, but also problematically meritocratic. The paper aims to defend FEO, and argues that it is not too weak, since, pace Arneson, it does apply to the problem of stunted ambition. The argument from meritocracy is shown to be based on a conflation of different senses of meritocracy. Finally, it is shown that FEO, correctly interpreted, gives intuitive answers to the examples put forward to bolster the too strong charge. It is concluded that Arneson’s refutation of FEO fails.     

Prenatal Equality of Opportunity

In this article, we defend a normative theory of prenatal equality of opportunity, based on a critical revision of Rawls's principle of fair equality of opportunity (FEO). We argue that if natural endowments are defined as biological properties possessed at birth and the distribution of natural endowments is seen as beyond the scope of justice, Rawls's FEO allows for inequalities that undermine the social conditions of a property‐owning democracy. We show this by considering the foetal programming of disease and the possibility of germ‐line modifications. If children of lower socioeconomic background are more likely to develop in a poor foetal environment and germ‐line enhancements are available only to the rich, initial inequalities between the rich and the poor would grow, and yet FEO would be satisfied. In order to avoid the problem, we propose a revised FEO principle omitting any reference to the comparison of natural endowments. Our revised FEO requires that institutions mitigate social class effect from reproduction and gestation to the greatest extent compatible with parental freedoms and the value of the family.     

Against Rawlsian Equality of Opportunity

Philosophical Studies -     

Social Class,Merit and Equality of Opportunity in Education

The paper offers to substantiate a claim about the so-called Meritocratic Conception of how educational opportunities ought to be distributed. Such a conception holds an individual’s prospects for educational achievement may be a function of that individual’s talent or effort levels but should not be influenced by their social class background. The paper highlights the internal tension in the Meritocratic Conception between on the one hand a prohibition on the influence of social class on educational opportunities and on the other a permission to allow unequal educational opportunities on the basis of talent and effort. This tension obtains because individuals’ talent and effort are themselves subject to influence by social class. The paper makes a positive case for an interpretation of the Meritocratic Conception that resolves this tension in favour of an egalitarian version, such that social class represents an objectionable determinant of unequal educational prospects even when its influence is mediated through the cultivation of talent and effort. This argument is further supported through an explanation that the character of social class as a systemic social source of the structure of individuals’ opportunities makes it an objectionable influence on educational opportunities.     

Equality of Opportunity and Differences in Social Circumstances

It is often supposed that the point of equality of opportunity is to create a level playing-field. This is understood in different ways, however. A common proposal is what I call the neutralization view: that people's social circumstances should not differentially affect their life chances in any serious way. I raise problems with this view, before developing an alternative conception of equal opportunity which allows some variations in social circumstances to create differences in life prospects. The meritocratic conception which I defend is grounded in the idea of respect for persons, and provides a less demanding interpretation of fair access to qualifications; it nevertheless places constraints on the behaviour of parents, and has implications for educational provision in schools.     

Self-Control,Opportunity, and Substance Use

We examine the effect of self-control and opportunity on adolescent substance use. When theorizing about the role of opportunity, we believe the “sanction potential” of a given situation should be considered. Our results suggest the effect of self-control on substance use does not depend on the availability of substances in the home (high sanction potential), but friends’ substance use (low sanction potential) conditions the effect of self-control on adolescents’ smoking, drinking, and marijuana use. Therefore, adolescents with low self-control are more likely to use substances only when they are presented with attractive opportunities that are unlikely to lead to sanctions.     

Exemptions,Sincerity and Pastafarianism

Because Pastafarianism – or the Church of the Flying Spaghetti Monster – is a parodic religion, common sense suggests its ‘adherents’ should not receive exemptions. However, the prima facie case for excluding Pastafarians is complicated by the fact that many assert their religion is as legitimate as any other religion and that their beliefs are genuine. Indeed, Pastafarians have already obtained exemptions in various countries. Taking the dominant liberal egalitarian, integrity-based approach to exemptions, this article investigates whether there is a principled, objective basis for excluding Pastafarians that accounts for their assertions. To that end, I examine four tests: a religion, seriousness, obligation, and sincerity test. I assess whether each test can actually exclude Pastafarians, and if it could, can it do so in a way that is consistent with liberal egalitarian commitments. I argue that only a sincerity test – based on consistent behaviour and a willingness to bear the costs of one's beliefs – satisfies both of these conditions, but, on a weak and contingent basis.     

Equality of Opportunity and Other-Affecting Choice: Why Luck Egalitarianism Does Not Require Brute Luck Equality

The luck egalitarian view famously maintains that inequalities in individuals’ circumstances are unfair or unjust, whereas inequalities traceable to individuals’ own responsible choices are fair or just. On this basis, the distinction between so-called brute luck and option luck has been seen as central to luck egalitarianism. Luck egalitarianism is interpreted, by advocates and opponents alike, as a view that condemns inequalities in brute luck but permits inequalities in option luck. It is also thought to be expressed in terms of the view that no individual ought to be worse off other than because of a fault or choice of his or her own. I argue that these two characterizations of luck egalitarianism are not equivalent and that, properly understood, luck egalitarianism is compatible with widespread, potentially radical, inequalities in brute luck.     

Cultural Exemptions, Expensive Tastes, and Equal Opportunities

abstract    The most well-known liberal-egalitarian defence of cultural rights, provided by Will Kymlicka, presents culture as a primary good, and thus a resource that ought to be distributed according to some fair egalitarian criteria. Kymlicka relies on the intuition that inequalities between persons that are the result of brute luck rather than personal choice are unjust in making the case for various multicultural rights. This article makes two main claims. First, the standard luck egalitarian intuition on which Kymlicka's argument relies cannot justify what he calls 'polyethnic rights,' in particular cultural and religious exemptions from generally applicable laws. Second, I argue that such exemptions are justifiable by appealing to the public value of fair equality of opportunity, properly construed.     

Therapeutic Use of Space

ABSTRACT

The project described in this article addresses the therapeutic use of physical space in an outpatient counseling facility. It was theorized that an improved facility environment could be used as a practice tool when working with a vulnerable population. The authors undertook the project with limited time and finances. The process of the change project is discussed in detail in an attempt to encourage other counseling facilities and social service agencies to consider such an effort. Related literature from varied fields is reviewed. The article also relays client and staff feedback regarding the redecorated space and addresses design considerations such as the relative strengths and drawbacks to involving clients and staff in the process.     

Desert, Effort and Equality

Abstract  Desert theories of distributive justice have been attacked on the grounds that they attempt to found large inequalities on morally arbitrary features of individuals: desert is usually classified as a meritocratic principle in contrast to the egalitarian principle that goods should be distributed according to need. I argue that there is an egalitarian version of desert theory, which focuses on effort rather than success, and which aims at equal levels of well-being; I call it a 'well-being desert' theory. It is argued that this egalitarian conception of desert is preferable to a meritocratic conception, and that its adoption would encourage greater clarity in arguments over wage differentials and in debates about criteria for job and educational competitions.