Equality Flashcards
Commentary The Meaning of Equality
Nagel
three kinds of equality that might be thought to
be important.
- basic rights
- the most basic = equality in the possession of certain basic rights (what prof Freund calls the basic liberties). Primarily political and legal equalities and can include certain equalities of an economic nature i.e. equality to make contracts etc.
In this conception the important kinds of equality are equality
of political and legal respect, equality of formal treatment by the institutions of society, and equality of liberty from certain kinds of encroachment or interference, either public or private.
Commentary The Meaning of Equality
Nagel
three kinds of equality that might be thought to
be important.
- equality in the possession of basic
rights plus the equal apportionment of certain kinds of benefits that are
also regarded as basic
basic medical care, basic education, care for the aged when they are no longer able to work, and fundamental care for children so that they do not grow up undernourished.
Commentary The Meaning of Equality
Nagel
three kinds of equality that might be thought to
be important.
- the broadest
The third, and by far the broadest notion of equality, is the equal apportionment of benefits of all kinds, particularly economic benefits.
Commentary The Meaning of Equality
Nagel
what do the three kinds of equality correspond with?
three kinds
of policy, each representing a major position in the American political
spectrum. The three policies, corresponding respectively to the narrowest, intermediate, and broadest conceptions of equality, are conservative, liberal, and social democratic.
Commentary The Meaning of Equality
Nagel
Conservative position
the primary egalitarian
function of government is to secure to everyone the basic rights that are
recognized in the Constitution, but not to redistribute benefits in general so as to insure that equality is achieved beyond the apportionment
of those rights.
by and large it is conceded, and it is probably
the major tenet of the conservative position, that protection of certain
basic rights is something that has to be accorded equally to everyone.
As Professor Freund pointed out, even that is a redistributive policy
because it costs something to insure that everyone has the right to adequate legal representation in court, for example.
But, in the minimal egalitarian view, redistribution beyond that point is not necessary.
Commentary The Meaning of Equality
Nagel
Liberal position
the business of society to
guarantee both the protection of equal rights and equality of opportunity. To provide equality of opportunity it is necessary to compensate
in some way for the unequal starting points that people occupy, both
socially and economically. In order that everyone has a fair chance, it
is thought necessary to provide a certain degree of support for free
medical care, free higher education, etc., in addition to the protection
of basic equal rights. So the liberal position favors equal rights, equality of opportunity, and a social minimum of some sort.
Commentary The Meaning of Equality
Nagel
Social democratic or left-liberal position
exemplified philosophically by Professor John Rawls, the author of A Theory of Justice, whose work to which Professor Freund alluded. And in particular, it is exemplified by Rawls’ so-called “difference principle” according to
which mere equality of opportunity is not equal enough because it allows great differences to emerge from the way in which different people
are able to use the equal opportunities available to them.
According to
the difference principle, inequalities (differences) in the distribution of
general economic benefits are justified only if any further reduction
would lower the level of the people at the bottom. This allows inequalities in the economic domain necessary to provide incentives that produce general prosperity and contribute to everybody’s well-being. But
inequalities that produce a spread in which the disadvantages to the
bottom are offset by advantages to those in the middle and at the top
are not permissible, according to the difference principle. This is more
egalitarian than ordinary liberalism because it requires that social arrangements always favor those in the worst position.
Commentary The Meaning of Equality
Nagel
how great are the moral demands that we, as members of the society, can make on each other and
ask the government to enforce? Are they limited, or are they broad?
And if so, how broad?
re conservative position
it makes it the business of the coercive power of governments to enforce only the basic liberties or the basic rights is
founded on the moral view that what we can claim from one another,
or what we can ask the coercive power of government to force others to accord to us, is limited to a certain set of basic rights upon which others
may not infringe. But we are not permitted to ask the government to
enforce redistributions that will compensate us for disadvantages that
we may have from birth, or that will provide us with general benefits.
Commentary The Meaning of Equality
Nagel
how great are the moral demands that we, as members of the society, can make on each other and
ask the government to enforce? Are they limited, or are they broad?
And if so, how broad?
re liberal and socialist position
the liberal position of equality of opportunity and the more egalitarian difference principle, both maintain that it is the business of society to provide benefits beyond protection against infringement of basic rights. And that depends on the
following moral conception: one moves from basic rights to more general benefits by the argument that most of the inequalities that we find
in our society, the really large-scale ones, are due to factors that are
beyond the individual’s control. It is not that everything that happens
to a person is beyond his control, but the range of possibilities or likely
courses of life that are open to a given individual are limited to a considerable extent by his birth. They are limited by the economic class into which he is born, the kind of environment in which he grows up,
the education of his parents, and also by his genetic endowment. In a
society with a competitive economy, where you end up is to some extent a product of how smart you are and of how well educated you
were as a child. This means that from a moral point of view it is to some extent arbitrary how the benefits are distributed, and therefore, there is nothing wrong with the state tinkering with that distribution. That distribution does not have any moral sanctity of its own, so it is all
right to go against the distribution of benefits to produce a desirable
end.
Commentary The Meaning of Equality
Nagel
what end is legitimate to pursue beyond the protection of fundamental rights?
Is the end
just the general welfare conceived of as the good of the majority, or is
the end itself a kind of economic equality?
The issue is
whether the moral claims represented by economic needs, for example,
or the desire for a good life, are aggregative or individualized. What has
to be decided about these benefits is whether each person individually
has an inviolable claim of some kind, which is represented by his economic needs and which cannot be outweighed by adding together the
lesser claims of a lot of other people, or whether each person’s claims
go into the hopper along with those of others to form an aggregate from
which is picked the heaviest overall weight of claims.
Commentary The Meaning of Equality
Nagel
Is the end
just the general welfare conceived of as the good of the majority, or is
the end itself a kind of economic equality?
individualised claims
represented by things
like the basic rights-the right of free speech, for example. If there is
such a thing as the right of free speech, then it is a right that each
person has and that cannot be overridden by the interests of a lot of
other people. If somebody wants to get up on a soapbox and preach
the Nazi ideology, and if there really is such a thing as the right of free
speech, then he has a right to do so even if a thousand other people will
become extremely upset when he does.
Commentary The Meaning of Equality
Nagel
Is the end
just the general welfare conceived of as the good of the majority, or is
the end itself a kind of economic equality?
aggregative moral claim
kind of thing that you settle by majority rule. If a township with limited funds has to decide whether
to build a swimming pool or to build tennis courts, it makes perfect
sense to ask whether more people want swimming pools than want tennis courts. You do not ask, “Is there some one person who will be more
crestfallen by the absence of a tennis court than by the absence of a
swimming pool?” There is not an individualized claim here. There is
nothing that resembles a right.
Commentary The Meaning of Equality
Nagel
Does the difference principle favour aggregative or individualised weighing of benefits?
The difference principle will accept a sacrifice of total general welfare, if necessary, to produce greater equality in benefits. This implies that if there are
people who are really stuck at the bottom of this society-say, the most impoverished ten percent-and if in order to improve their situation taxes must be levied to have the economic effect of depressing by a
comparable amount the middle fifty percent, then such taxes are justified. They are justified, according to this view, because the claims of
the people at the bottom are claims of a particularly urgent nature, claims to the provision of basic needs that are not aggregatively comparable with those of people higher up. They are individualized claims that have the kind of status similar to claims of right such as the right of free speech.
They can, therefore, outweigh a larger aggregate of benefits to those higher on the economic scale. The most egalitarian result
follows if you think of the provision of economic benefits on the individualized model, which is widely accepted for the preservation of basic liberties, rather than on the aggregative model of tennis courts
versus swimming pools.
Commentary The Meaning of Equality
Nagel
Are any rights commonly accepted as individualised rather than aggregative?
Does this apply in the area of economic
well-being?
For rights like freedom of movement, freedom of work, freedom of
religion, and freedom of speech, most of us accept this individualized
form of the moral claim. These basic rights are thought to be immune
from infringement for the sake of general welfare and prosperity. Even
though broad infringement of the liberty to choose a place of work
might be a useful technique of economic control, it would not be proposed as a permissible method. (Conscription, aimed at security rather
than welfare, is another story.)
According to the ordinary liberal position of equality of opportunity, it does not. It is not permissible to sacrifice the general
welfare simply to produce a lesser aggregate benefit to a minority at the
bottom because economic poverty of a nonextreme degree does not
have the kind of priority over the general welfare that, say, freedom of
speech and freedom of association have.
Commentary The Meaning of Equality
Nagel
So the real issue, in abstract form, is this:
The two-tier morality:
Does Nagel side with Rawls?
We have a progression of
general moral claims from most urgent to least urgent. The question is,
first of all, how far into the area of general benefits do our moral claims
on each other go? Do they extend to economic benefits? And second,
at what point in the progression from most urgent to least urgent of
those claims do we draw the line at which they cease to be individualized and become aggregative? At what point do we no longer say, “In order to meet this claim for everyone we may have to sacrifice the general allocation of benefits above that point?”
We have, in other words,
the problem of a two-tier morality, with individualized claims competing against aggregative ones. Professor Freund put it very well when he stated that the collision comes where it seems that a substantial sacrifice has to be made in general utility-in the welfare of the majority
of the society-to provide a benefit to those at the bottom, a benefit that
is thought to be more urgent even if there are fewer of them. And I
agree with him that taken literally, the difference principle, as Rawls defines it, is too radical. Aggregate welfare should be permitted at some level of need to outweigh equality as a goal.
Nagel Equality in Mortal Questions
Is equality absolute?
Equality can be defended up to a point in terms of other values like utility and liberty. But some
of the most difficult questions are posed when it conflicts with
these
Nagel Equality in Mortal Questions
4 types of equality
can the first three be defined in formal terms?
What are they dependent on?
political, legal, social, and economic.
The first three cannot be defined in formal terms.
Political equality is not guaranteed
by granting each adult one vote and the right to hold public office. Legal equality is not guaranteed by granting everyone the
right to a jury trial, the right to bring suit for injuries, and the right to counsel. Social equality is not produced by the abolition
of titles and official barriers to class mobility. Great substantive inequalities in political power, legal protection, social esteem and self-respect are compatible with these formal conditions. It is a
commonplace that real equality of every kind is sensitive to economic factors. While formal institutions may guarantee a
minimum social status to everyone, big differences in wealth and income will produce big distinctions above that - distinctions
that may be inherited as well.
Nagel Equality in Mortal Questions
How might we argue in favour economic equality?
- We might argue that since it cannot be detached from the other 3 equalities, arguing for their importance indirectly argues for elevating the fourth!
- we might also make a non-egalitarian instrumental argument on grounds of utility
The principle of diminishing marginal utility states that for many goods, a particular further increment has less value to someone who already possesses a significant amount of the
good than to someone who has less. So if the total quantity of such a good and the number of recipients remains constant, an
equal distribution of it will always have greater total utility than a less equal one.
Nagel Equality in Mortal Questions
What must economic equality be balanced against?
- certain costs
Certain costs
First, attempts to
reduce inequality may also reduce the total quantity of goods available, by affecting incentives to work and invest. For example, a progressive income tax and diminishing marginal utility
make it more expensive to purchase the labor of those whose services are most in demand. Beyond a certain point, the pursuit
of equality may sacrifice overall utility, or even the welfare of everyone in the society.
Nagel Equality in Mortal Questions
What must economic equality be balanced against?
- certain means
why might these costs be unacceptable?
To achieve even moderate equality it is necessary to
restrict economic liberty, including the freedom to make bequests. Greater equality may be attainable only by more general coercive techniques, including ultimately the assignment of work by public administration instead of private contracts.
Some of these costs may be unacceptable not only on utilitarian grounds but because they violate individual rights. Opponents of the goal of equality may argue that if an unequal distribution
of benefits results from the free interactions and agreements of
persons who do not violate each other’s rights, then the results are not objectionable, provided they do not include extreme hardship for the worst off.
Nagel Equality in Mortal Questions
What does the question of its intrinsic value determine?
what instrumental costs are acceptable. If equality is in itself good, then producing it may be worth a certain amount of inefficiency and loss of liberty.
Nagel Equality in Mortal Questions
2 kinds of arguments in favour of the intrinsic value of equality
- communitarian
equality is good for a society taken as
a whole. It is a condition of the right kind of relations among its members, and of the formation in them of healthy fraternal
attitudes, desires, and sympathies. This view analyzes the value
of equality in terms of a social and individual ideal.
Nagel Equality in Mortal Questions
2 kinds of arguments in favour of the intrinsic value of equality
- individualistic
The individualistic view, on the other hand, defends equality as a correct distributive principle - the correct way to meet the
conflicting needs and interests of distinct people, whatever those interests may be, more or less. It does not assume the desirability of any particular kinds of desires, or any particular kinds ofinterpersonal relations. Rather it favors equality in the distribution of human goods, whatever these may be - whether or not
they necessarily include goods of community and fraternity.
NB he focuses solely on individualistic arguments because he thinks it’s more likely to succeed.
Nagel Equality in Mortal Questions
Rawls’ theory
- does he assign more importance to equal protection of political and personal liberties or equality in distribution of other benefits?
- his principle for distribution of general goods
assigns more importance to equal protection of political and personal liberties than to equality in the distribution
of other benefits.
Nevertheless it is strongly egalitarian in this respect also. His principle of distribution for general goods, once equality in the basic liberties is secure, is that inequalities are justified only if they benefit the worst-off group in the society (by yielding higher productivity and employment, for example).
Nagel Equality in Mortal Questions
Rawls’ theory
- the difference principle
not used to determine
allocation directly, but only for the assessment of economic and social institutions, which in turn influence the allocation of
goods.
While it is counted a good thing for anyone to be made better off, the value of improving the situation of those who are
worse off takes priority over the value of improving the
situation of those who are better off. This is largely independent of the relative quantities of improvement involved, and also of
the relative numbers of persons. So given a choice between making a thousand poor people somewhat better off and making two thousand middle class people considerably better off, the first choice would be preferred.
It should be added that people’s welfare for these purposes is assessed in terms of overall life
prospects, not just prosperity at the moment
Nagel Equality in Mortal Questions
Rawls’ theory
- what might a more radical egalitarian position hold?
A more egalitarian position would hold that some
inequalities are bad even if they benefit the worst off, so that a situation in which everyone is worse off may be preferable if the
inequalities are reduced enough.
Nagel Equality in Mortal Questions
Rawls’ theory
- what two positions are naturally opposed to Rawl’s theory?
They are positions that do not accord intrinsic value to equality but admit other values whose pursuit or protection may require the acceptance of considerable
inequality. Those values, as I have said, are utility and individual rights.
Nagel Equality in Mortal Questions
Rawls’ theory
- must be defended against two alternative positions that don’t accord intrinsic value to equality
1. the utilitarian view
it does not make sense to
forego greater benefits for the sake of lesser, or benefits to more
people for the sake of fewer, just because the benefits to the
worst off will be greater. It is better to have more of what is good and less of what is bad, no matter how they are distributed.
Nagel Equality in Mortal Questions
Rawls’ theory
- must be defended against two alternative positions that don’t accord intrinsic value to equality
2. individual rights
it is wrong to interfere with people’s liberty to keep or bequeath what they can
earn merely in order to prevent the development of inequalities in distribution. It may be acceptable to limit individual liberty to
prevent grave evils, but inequality is not one of those. Inequalities are not wrong if they do not result from wrongs of one
person against another. They must be accepted if the only way to prevent them is to abridge individual rights to the kind of free
action that violates no one else’s rights.
Nagel Equality in Mortal Questions
- egalitarianism must be defended against two alternative positions that don’t accord intrinsic value to equality
what do both theories point out?
what do the three views fundamentally disagree on?
the costs of pursuing distributive equality, and deny that it has independent value that outweighs these costs. More specifically, the pursuit of equality
is held to require the illegitimate sacrifice of the rights or interests of some individuals to the less important interests of
others. These two theories are also radically opposed to one another.
Together with egalitarianism they form a trio of
fundamentally different views about how to settle conflicts among the interests of different people.
Nagel Equality in Mortal Questions
- what is the nature of the dispute between the three positions?
- what assumption do they share?
question is whether
(a) the worst off have a prior claim, or
(b) the enforcement of that claim would ignore the greater claim of others not among the worst off, who would benefit significantly more if a less egalitarian policy were adopted instead, or
(c) it would infringe the claims of other persons to liberty and the protection of their rights.
It is a dispute about how people should be treated equally, not about whether they should be. The three
views share an assumption of moral equality between persons, but differ in their interpretations of it. They agree that the moral
claims of all persons are, at a sufficiently abstract level, the same, but disagree over what these are.
Nagel Equality in Mortal Questions
- where do the three theories locate the sameness of people?
Defender of rights: the freedom to do certain things without direct interference by others.
The utilitarian: locates them in the requirement that each person’s interests be fully counted as a component in the calculation of utility used to decide which states of affairs are best and which
acts or policies are right.
The egalitarian: finds them in an equal claim to actual or possible advantages. The issue remains acute
even though most social theories do not fall squarely into one of these categories, but give primacy to one interpretation of moral
equality and secondary status to the others
Nagel Equality in Mortal Questions
moral equality of utilitarianism
kind of majority rule:
each person’s interests count once, but some may be outweighed by others. It is not really a majority of persons that determines the
result, but a majority of interests suitably weighted for intensity.
Persons are equal in the sense that each of them is given a ‘vote’ weighted in proportion to the magnitude of his interests.
Although this means that the interests of a minority can sometimes outweigh the interests of a majority, the basic idea is
majoritarian because each individual is accorded the same (variable) weight and the outcome is determined by the largest total.
In the simplest version, all of a person’s interests or preferences are counted, and given a relative weight depending on their weight for him. But various modifications have been
suggested. One doubt voiced about utilitarianism is that it counts positively the satisfaction of evil desires (sadistic or bigoted ones, for example).
Mill employed a distinction between higher and lower pleasures, and gave priority to the former. (Could there be a corresponding distinction for pains?)
Recently, Thomas Scanlon has argued that any distributive principle,
utilitarian or egalitarian, must use some objective standard of interest, need, or urgency distinct from mere subjective preference to avoid unacceptable consequences. Even if the aim is to maximize the total of some quantity of benefit over all persons,
it is necessary to pick a single measure of that quantity that applies fairly to everyone, and pure preference is not a good
measure. ‘The fact that someone would be willing to forego a decent diet in order to build a monument to his god does not
mean that his claim on others for aid in his project has the same
strength as a claim for aid in obtaining enough to eat (even assuming that the sacrifices required of others would be the
same).’
The moral equality of utilitarianism consists in letting each person’s interests contribute in the same way to determining
what in sum would be best overall.
Nagel Equality in Mortal Questions
moral equality of rights
very different to utilitarianism in both in structure and in content.
- not majoritarian but aggregative
- do not provide an assessment of overall results but determine the acceptability of actions directly
The moral equality of persons under this conception is their equal claim against each other not to be interfered with in specified ways. Each
person must be treated equally in certain definite respects by each other person.
The utilitarian constructs an impersonal point of view in which those of all
individuals are combined to give judgments of utility, which in turn are to guide everyone’s actions. For a defender of rights, the
respects in which each person is inviolable present a direct and independent limit to what any other person may do to him. There is no single combination of viewpoints which yields a common
goal for everyone, but each of us must limit our actions to a range that is not unacceptable to anyone else in certain respects
Therefore, the morality of rights is limited - eaves a great deal of human life
ungoverned by moral restrictions or requirements. That is why, if unsupplemented, it leads naturally to political theories of limited government, and, in the extreme, to the libertarian theory of the minimal state..The justification of broad government action to promote all aspects of the general welfare
requires a much richer set of moral requirements
Nagel Equality in Mortal Questions
moral equality of egalitarianism
- comparison with utilitarianism and rights
It employs a much richer version of each person’s point of view than does a theory of rights. In that respect it is closer to
utilitarianism.
It also resembles utilitarianism formally, in being applied first to the assessment of outcomes rather than of
actions.
But it does not combine all points of view by a majoritarian method. Instead, it establishes an order of priority
among needs and gives preference to the most urgent, regardless
of numbers. In that respect it is closer to rights theory.
Nagel Equality in Mortal Questions
moral equality of egalitarianism
- what is required?
A sort of unanimity to determine a priority of interests
But, should a single, objective standard of
urgency should be used in construing the claims of each person, or whether his interests should be ranked at his own estimation
of their relative importance.
In addition to the question of objectivity, there is a question of scale. Because moral equality is
equality between persons, the individual interests to be ranked
cannot be momentary preferences, desires, and experiences. They must be aspects of the individual’s life taken as a whole:
health, nourishment, freedom, work, education, self-respect, affection, pleasure. The determination of egalitarian social policy requires some choice among them, and the results will be very
different depending on whether material advantages or individual liberty and self-realization are given priority.
Nagel Equality in Mortal Questions
which of the three approaches does Nagel choose?
He says that we don’t have to choose!
A plausible social
morality will show the influence of them all. This will certainly not be conceded by utilitarians or believers in the dominance of rights. But to defend liberal egalitarianism it is not necessary to show that moral equality cannot be interpreted in the ways that
yield rights or utilitarianism. One has only to show that an egalitarian interpretation is also acceptable. The result then depends on how these disparate values combine.
Nagel Equality in Mortal Questions
Discussion of Rawl’s theory
- the intuitive argument
(a) undeserved advantages
One point Rawls makes repeatedly is that the natural and social contingencies that influence welfare - talent, early environment, class background - are not themselves deserved. So differences in benefit that derive from them are morally arbitrary.
They can be justified only if the alternative would leave
the least fortunate even worse off. In that case everyone benefits
from the inequalities, so the extra benefit to some is justified as a means to this.
A less egalitarian principle of distribution, whether it is based on rights or on utility, allows social and natural contingencies to produce inequalities justified neither
because everyone benefits nor because those who get more deserve more.
Nagel Equality in Mortal Questions
Discussion of Rawl’s theory
- the intuitive argument
(b) against utilitarianism re social choice
The other point is directed specifically against utilitarianism.
Rawls maintains that utilitarianism applies to problems of social
choice - problems in which the interests of many individuals are
involved — a method of decision appropriate for one individual.
A single person may accept certain disadvantages in exchange for greater benefits. But no such compensation is possible when one person suffers the disadvantages and another gets the
benefits.