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March 28, 2011

What Do We Deserve?

By Namit Arora

Cole I often think of the good life I have. By most common measures—say, type of work, income, health, leisure, and social status—I’m doing well. Despite the adage, ‘call no man happy until he is dead’, I wonder no less often: How much of my good life do I really deserve? Why me and not so many others?

The dominant narrative has it that I was a bright student, worked harder than most, and competed fairly to gain admission to an Indian Institute of Technology, where my promise was recognized with financial aid from a U.S. university. When I took a chance after graduate school and came to Silicon Valley, I was justly rewarded for my knowledge and labor with a measure of financial security and social status. While many happily accept this narrative, my problem is that I don’t buy it. I believe that much of my socioeconomic station in life was not realized by my own doing, but was accidental or due to my being in the right place at the right time.

A pivotal question in market-based societies is ‘What do we deserve?’ In other words, for our learning, natural talents, and labor, what rewards and entitlements are just? How much of what we bring home is fair or unfair, and why? To chase these questions is to be drawn into the thickets of political philosophy and theories of justice. In this short essay, inspired by American political philosopher Michael Sandel’s Justice, I’ve tried to synthesize a few thoughts on the matter by reviewing three major approaches to distributive economic justice: libertarian, meritocratic, and egalitarian, undermining en route the dominant narrative on my own well-being.

Three Models of Distributive Justice

Miltonfriedman The libertarian model of distributive justice favors a free market with well-defined rules that apply to all. ‘Citizens are assured equal basic liberties, and the distribution of income and wealth is determined by the free market.’[1] It offers a formal equality of opportunity—making it a clear advance over feudal or caste arrangements—so anyone can, in theory, strive to compete and win. But in practice, people don’t have real equality of opportunity due to various disadvantages, for example, of family income, social class, gender, race, caste, etc. So while the racetrack may look nice and shiny, the runners don’t begin at the same starting point. What does it mean to say that the first to cross the finish line deserves his or her victory? Isn’t the contest rigged from the start, based on factors that are arbitrary and derive from accidents of birth?

Take my own example. I was born into the upper-caste, riding on eons of unearned privilege over 80 percent of Indians. I was a boy raised in a society that lavished far more attention on boys. My parents fell closer to the upper-middle class, had university degrees, and valued education and success—both my grandfathers had risen up to claim senior state government posts. I lived in a kid-friendly neighborhood with parks, playgrounds, and a staff clubhouse. I had role models and access to the right schools and books, the right coaching classes, and peers aspiring for professional careers. My background greatly shaped my ambition and self-confidence and no doubt put me ahead of perhaps 96 percent of other Indians—the odds that I would perform extremely well on standardized academic tests were huge from the start.

The meritocratic model, often associated with the United States, recognizes such inequities and tries to correct for socioeconomic disadvantages. At its best, meritocracy takes real equality of opportunity seriously and tries to achieve it through various means: Head Start programs, education and job training, subsidized healthcare and housing, and so forth. Meritocrats admit that market-based distribution of rewards is just only to the extent to which we can reduce endemic socioeconomic disadvantages and bring everyone to comparable starting points. But thereafter, they believe that we are the authors of our own destiny and whoever wins the race is morally deserving of the rewards they obtain from the market—and its flip side, that we morally deserve our failure too, and its consequences. Swiss writer Alain de Botton looked at this phenomenon in the United States in his 2004 documentary film, Status Anxiety.

Rawls But is this entirely fair? Even if we somehow leveled socioeconomic disparities, the winners of the race would still be the fastest runners, due in part to a natural lottery. People are often born with certain talents and attributes—for instance, oratory, musical acumen, physical beauty and health, athleticism, good memory and cognition, extroversion, and so forth—that give them unearned advantages. Are their wins not as arbitrary from a moral standpoint as of those born with silver spoons in their mouths? Further, is it not our dumb luck that our society happens to value certain aptitudes we may have—such as the leap and hand-eye coordination of Michael Jordan, sound-byte witticisms of talk show hosts like Jay Leno, or the algorithmic wizardry of Sergey Brin in the Internet age? A millennium ago, society valued other aptitudes, such as sculpting bronze in Chola India, equine archery on the Mongolian steppes, or reciting epigrammatic verse in Arabia. My own aptitude for science and math served me well in an India looking to industrialize and a United States facing a shortfall of engineers. I might have done less well in an earlier age where the best opportunities were perhaps in mercantile pursuits or the bureaucracy of government.

But how can a system of distributive justice compensate for random natural gifts that happen to be valued in a time and place? We can’t level natural gifts across people, can we? The mere thought is bizarre. The American political philosopher John Rawls (1921-2002) had much to say about this in his landmark 1971 book, A Theory of Justice, in which he developed his egalitarian model. Since we can’t undo the inequities of the natural lottery, he writes, we must find a way to address the differences in the rewards that result from them. We should certainly encourage people to hone and exercise their aptitudes, he says, but we should be clear that they do not morally deserve the rewards their aptitudes earn from the market. Since their natural gifts aren’t their own doing, and are moreover profitable only in light of the value a community places on them, they must share the rewards with the community.

One might object here: Wait a minute, what about the role of the personal drive and effort we put into cultivating our talents? Don’t we deserve the rewards that come from our striving? Not really, says Rawls. Countless factors beyond our choosing influence our ambition and effort, such as our upbringing, our family’s work ethic, our childhood experiences, subconscious insecurities, social milieu, career fads, role models, parental and peer pressure, available life paths, lucky breaks, and other contingent factors. It isn’t clear how much of it is our own doing, however militantly we may hold the illusion that we create our own life story (an illusion not without psychological and practical payoffs). Even the accident of being firstborn among siblings can be a factor in how hard we strive. Each year, Sandel reports, 75-80 percent of his freshman class at Harvard are firstborns. Besides, effort may be a virtue but even the meritocrats don’t think it deserves rewards independent of results or achievement. So, in short, we can’t claim to deserve the rewards on the basis of effort either.

Rawls deflates the idea that we morally deserve the rewards of meritocracy. If we accept this, it follows that the house of distributive justice cannot be built on the sands of moral desert (which, in simple terms, is a condition in which we are deserving of something, whether good or bad), but must be built on other grounds. [2] Notably, however, Rawls doesn’t make a case for equal rewards. Instead, Rawls speaks of the ‘Difference Principle’ in dealing with the inequities of the natural lottery. This principle, says Sandel, ‘permits income inequalities for the sake of incentives, provided the incentives are needed to improve the lot of the least advantaged.’[3] In other words, income inequality is justified only to the extent to which it improves the lot of the most disadvantaged when compared to an equal income arrangement. Only if society is better off as a whole does favoring inequality seem fair.[4]

Choosing the Rules of the Game

One might ask: Why should we uphold the Difference Principle at all? Is it not an arbitrary construct? No, says Rawls, and invites us to a thought experiment on creating ‘a hypothetical social contract in an original position of equality’. Imagine, he says, that ‘when we gather to chose the principles [for governing ourselves], we don’t know where we will wind up in society. Imagine that we choose behind a "veil of ignorance" that temporarily prevents us from knowing anything about who we are’, including our race, gender, class, talents, intelligence, wealth, religion, etc.[5] What principles would we then choose to order our society? Rawls makes a powerful case that simply out of a desire to minimize our odds of suffering, we will always choose political equality, fair equal opportunity, and the Difference Principle. 

Sandel Some have argued that the Difference Principle may not get chosen as is, not unless it has a clause to address the unfairness of propping up those who willfully make bad choices or act irresponsibly. Further, is it desirable, or even possible, to choose a social contract from behind the so-called ‘veil of ignorance’, as if, in Rawls’ words, ‘from the perspective of eternity’ with scant regard for context? [6] Doesn’t Rawls implicitly presuppose a people who already value political equality, individualism, and resolving claims through public deliberation? Rawls later downplayed its universality but, argues Sandel, even in the United States, Rawls’ thought experiment supports an arid secular public space detached from so much that is central to our identities. This includes historical, moral, and religious discourses, which, if squeezed out, often pop up elsewhere in worse forms, such as the religious right. If the point is to enhance the social contract, Sandel adds, political progressives should do so not by asking people to leave their deepest beliefs at home but by engaging them in the public sphere.[7]

Sandel’s basic critique here is that Rawls’ concern with the distribution of primary goods—which Rawls defines as ‘things that every rational man is presumed to want’—is necessary but not sufficient for a social contract. As purposive beings, we should also consider the telos of our choices, such as our common ends as a community, the areas of life worth shielding from the market, the space we should accord to loyalty and patriotism, ties of blood, marriage, and tradition, etc. Still, Rawls’ thought experiment retains a powerful moral force and continues to inspire liberals. His theory of justice, writes Sandel, ‘represents the most compelling case for a more equal society that American political philosophy has yet produced.’[8]

Theories of justice may clarify and guide our thoughts, but we still have to figure out how to change the game we want to play and where to draw the lines on the playing field. An open society does this through vigorous public debate. As British philosopher Isaiah Berlin wrote, ‘people who want to govern themselves must choose how much liberty, equality, and justice they seek and how much they can let go. The price of a free society is that sometimes, perhaps often, we make bad choices.’ Thereafter, when the rules are in place, ‘we are entitled to the benefits the rules of the game promise for the exercise of our talents’.[9] It is the rules, says Sandel, and not anything outside them, that create ‘entitlements to legitimate expectations’. Entitlements only arise after we have chosen the rules of the competition. Only in this context can we say we deserve something, whether admission to a law school, a certain bonus, or a pension.

In Rawlsian terms, the problem in the United States is not that a minority has grown super rich, but that for decades now, it has done so to the detriment of the lower social classes. The big question is: why does the majority in a seemingly free society tolerate this, and even happily vote against its own economic interests? A plausible answer is that it is under a self-destructive meritocratic spell that sees social outcomes as moral desert—a spell at least as old as the American frontier but long since repurposed by the corporate control of public institutions and the media: news, film, TV, publishing, and so forth. Rather than move towards greater fairness and egalitarianism, it promotes a libertarian gospel of the free market with minimal regulation, taxation, and public safety nets.[10] What would it take to break this spell?

__________________________________

A slightly expanded version of this essay appeared in the Humanist, May/Jun 2011, and in three anthologies for college students from Sage Publications, McGraw-Hill, and Bedford/St. Martin's.

More writing by Namit Arora?
__________________________________

Notes:

  1. Justice: What’s the Right Thing to Do?, by Michael Sandel, 2009, p. 153.
  2. Some philosophers disagree. Look up Robert Nozick, for instance, for a libertarian critique. 
  3. Sandel, pp. 157-8.
  4. Does this approach diminish the role of human agency and free will when it comes to moral desert? Some say it does, yet the claim seems modest enough, that our achievements have many ingredients, and the contributions from agency/free will are intertwined with the contributions from social and random factors—to the point that it seems unreasonable to give by default all credit to agency/free will, which libertarians try to do in order to justify the rewards of the market. However, some philosophers find an unresolved tension in Rawls’ approach to setting up the Difference Principle. See, for instance, Egalitarianism, Free Will, and Ultimate Injustice by Saul Smilansky.
  5. Sandel, p. 141.
  6. See Communitarianism by Daniel A. Bell, SEP, 2009, for an introduction to communitarianism and its critique of Rawls. A different kind of critique comes from the Indian economist Amartya Sen, who finds a tension between Rawls’ liberal idea of justice and ‘the pluralism of reasons for justice.’ See Justice and Its Critics, Adam Kirsch, City Journal, September 2009.
  7. The NS Profile: Michael Sandel, by Jonathan Derbyshire, New Statesman, 04 June 2009.
  8. Sandel, p. 166.
  9. ibid., p. 163.
  10. See Jonathan Chait’s article in Democarcy, The Triumph of Taxophobia.

Images (in the order of appeareance):

  1. George Vincent Cole, Still Life With Pineapple, ca. 1890, oil on canvas. Collection of Maryhill Museum of Art.
  2. Milton Friedman. Other famous libertarians include Ayn Rand, Friedrich Hayek, Ludwig von Mises, and Alan Greenspan.
  3. John Rawls.
  4. Michael Sandel.

Posted by Namit Arora at 12:50 AM | Permalink

Comments

Very nice, Namit. Thank you. I am sending this to several people.

Posted by: Abbas Raza | Mar 28, 2011 6:47:48 AM

Excellent article. It has bothered many of us, as to why people are voting against their own self-interest to fatten up the big corporations and the super-rich, and making them still fatter and richer. It makes sense in this context to see the American model as Namit explains it. Only one issue I do have: Who says that the rules were made by a group who was neutral? Even at the beginning the rule makers were the rich and powerful and the elite of the society. Further, the rules are being modified by todays rule-makers, the Congress, and tilted further in the direction of the advantaged.
So I will await the next installment, hopefully where Namit will answer the question he has raised.

Posted by: Tasnim | Mar 28, 2011 7:33:33 AM

Thank you for this article Namit. Rawls' Difference Principle, the criticisms of Michael Sandel standing, is the clearest summary of what I believe that I have ever come across. All these ideas can be floating around in ones head, yet the concision of someone else can make them ring so clearly.

I often struggle to explain, to one side or another, how I am, at once, in favor of a redistributive society, yet support the use of capitalism for everyday economic matters, including some of the inequality that it brings. The meritocratic model at first seems to give a framework in which such a worldview makes sense, but it is flawed for the very reasons mentioned in the article. I also find myself a hard determinist, a position which, when combined with a basic sense of human compassion, places meritocracy as a social tool rather than a valid moral philosophy.

People never like the suggestion that meritocracy is flawed, as it suggests that they are where they are due to luck and circumstance. Having some sense of je ne sais quoi, knowing they have a special quality they can't quite finger, it doesn't seem right. As you hint at, this is likely a successful meme for the same reason the idea of free will is so liberating. I still frame my daily thought patterns through its lens.

Posted by: Cyrus Hall | Mar 28, 2011 8:45:18 AM

I don't wonder that meritocratic ideals come, in part, from religious beliefs. Something like, "God blesses the good and punishes the bad," so that when we do well, it is the God(s)reward for our virtuous behavior, and when we do poorly, it is the God(s) punishment for our transgressions. In biblical terms, the Book of Job addresses this. That our status and financial stability gets thus so tangled up in our sense of identity defines, for me, this persistent meritocratic meme.

Posted by: lambness | Mar 28, 2011 10:10:39 AM

Very informative, thank you for the analysis. I was just writing your final paragraph in far less eloquent words to a friend this weekend. You have really cut to the chase here - well done.

Posted by: Julie | Mar 28, 2011 11:15:25 AM

Really well done, Namit -- thank you! A little over 20 years ago, the historian of art Simon Schama wrote a penetrating study of the Netherlands in the 17th century -- _An Embarrassment of Riches_. In the is era, the Dutch had everything -- affluence beyond imagination AND the Calvinistic slant of mind to question their right to it, to prevent their ease with it. How this played out, in that time, in that place, prefigures some of the later thinking you cite.

Posted by: Elatia Harris | Mar 28, 2011 11:16:20 AM

Deservingness is not a concept that should be applied to anything as large and undefined as a destiny. You no more "deserve" or "not deserve" your situation in the universe than does that situation have a color or weight. The question of desert should be reserved for narrow and well-defined reward situations. To do otherwise simply invites religion into the discussion, and they have had thousands of years to hone their arguments. A pleasant destiny is one of the few things you are free to enjoy right now, without guilt -- precisely because you don't know what it has in store for you in days, minutes, or even seconds to come.

Posted by: Faze | Mar 28, 2011 12:18:29 PM

Which children deserve suffering?

Posted by: Sister Y | Mar 28, 2011 1:17:13 PM

When it comes to it, there isn't any real difference between your meritocratic model and your libertarian model.


There's an old bitter saying - in a democracy, the people get the government they deserve.

Posted by: mcd | Mar 28, 2011 8:29:56 PM

Thanks Namit. Great article. Isn't it perhaps a bit unfair to analyze a Rawlsian framework for distributive justice without adding in some Nozickian criticism here? What if inequality is the result of individuals (including the poor) acting to promote their own interests? Would you limit that freedom? Just outcomes are important to us, but shouldn't just processes be paramount? Even if our lots in life are undeserved and the societal picture is unjust, it seems to me that coercive "corrective" action is more unjust than the cosmic happenstance that assigned us our respective initial endowments.

Posted by: Daniel | Mar 30, 2011 9:37:56 AM

Am I the only reader who thinks this article has missed more than one important point? Perhaps individuals aren't voting against their own interests in opting for a libertarian model. It may be they are putting the lie to Rawls' speculations about what kind of system people would choose if they didn't know how they would fare in it. Rawls assumed that people would vote to avoid the risk of being the "losers" in such a system, but perhaps they are voting in fact to take the chance of being "winners," however one might measure winning and losing. Frankly, the idea that the misguided masses are voting against their own interests smacks of condescension. And who will decide how the "immoral" winnings of the unworthily gifted are to be redistributed? Have we not seen any number of failed experiments in that direction in the last century? Did the citizens of the frankly redistributive systems of eastern Europe really fare better than those of the west? Did we not see that those charged with the redistribution primarily benefited themselves, while by most measures of social well-being their subjects fared quite poorly? And while some of the super-rich may be acquiring their wealth to the detriment of the rest, to measure this solely based on income distribution is one-dimensional. Perhaps some of the super-rich have reaped the rewards of innovations they have brought about that have bettered the lives of the rest of us in ways not strictly pecuniary. I don't see that certain accidents of birth or genetics are inherently moral or immoral. What we should seek, I would submit, is a system that allows these unevenly distributed gifts to be fully developed so as to advance the general well-being. And if the system that best does that is an incentive-based market system that confers greater wealth on those so gifted, then that system would be, in my view, the most moral choice.

Posted by: Thomas | Mar 30, 2011 11:14:08 AM

In light of the fact that GE employs nearly 800 tax lawyers to reduce it's tax liability to zero, and many other corporations like Bank of America do the same, isn't it time to admit that the U.S. government is, in reality, a wholly owned branch of the plutocracy? I would not argue that everyone should receive exactly the same income and share of wealth, but the present level of income and wealth inequalities have reached obscene levels in this country. While the masses are distracted by American Idol and Dancing with the Stars, the rich have been singing the praises of self discipline and austerity while dancing away with nearly all of the money. Tax G.E. and Bank of America, tax the rich and put ordinary people into good jobs with good wages and benefits. We will all be better off for it, including Warren Buffet and Bill Gates.

Posted by: J.Hawkins | Mar 30, 2011 11:53:53 AM

Perhaps a bit off topic, but J. Hawkins' comment reminded me of my income tax accounting class instructor. An ex-IRS (gun carrying) agent, he promoted working hard to pay the minimum tax possible. As a part of this, he liked to point to the rafts of corporate attorneys and CPAs, and say that "if you're paying more taxes than IBM, GE, et al, then you're paying more than your fair share."

Posted by: Ashley | Mar 30, 2011 1:18:46 PM

"I don't see that certain accidents of birth or genetics are inherently moral or immoral."

Rawls never says that there's anything "inherently moral or immoral" about "certain accidents of birth or genetics." Rather he says that such accidental gifts are "arbitrary from a moral point of view," meaning that no moral desert attaches to the rewards reaped from them.

"What we should seek, I would submit, is a system that allows these unevenly distributed gifts to be fully developed so as to advance the general well-being."

Rawls wouldn't really disagree with this. He thinks that the benefits that come from the exercise of unearned gifts and talents should be seen as communal goods for the benefit of all, especially of those who are worst off. This seems to be what you're saying too.

"And if the system that best does that is an incentive-based market system that confers greater wealth on those so gifted, then that system would be, in my view, the most moral choice."

That's pretty much just what the Difference Principle says.

It's strange that a post whose rhetoric seems so anti-Rawls would be so in agreement with his views substantively.

Posted by: MRM | Mar 30, 2011 1:20:52 PM

Thanks, Daniel. You write:

Even if our lots in life are undeserved and the societal picture is unjust, it seems to me that coercive "corrective" action is more unjust than the cosmic happenstance that assigned us our respective initial endowments.

This viewpoint was a centerpiece of Free to Choose by Milton and Rose Friedman—a defense of free market, laissez faire libertarianism. Notably, they conceded that random natural and inherited socioeconomic privileges give people unfair advantages, but their approach was the opposite of Rawls, and closer to the position you articulate, i.e., society should make no attempt to remedy this situation and learn to accept it. It is worth summarizing the Friedmans (in Sandel's words):

Life is not fair. It is tempting to believe that government can rectify what nature has spawned. But it is also important to recognize how much we benefit from the very unfairness we deplore. There's nothing fair ... about Muhammad Ali's having been born with the skill that made him a great fighter ... It is certainly not fair that Muhammad Ali should be able to earn millions of dollars in one night. But wouldn't it have been even more unfair to the people who enjoyed watching him if, in the pursuit of some abstract ideal of equality, Muhammad Ali had not been permitted to earn more for one night's fight ... than the lowest man on the totem pole could get for a day's unskilled work on the docks?

Sandel writes, "Rawls rejects the counsel of complacence that Friedman's view reflects. In a stirring passage, Rawls states a familiar truth that we often forget: The way things are does not determine the way they ought to be."

We should reject the contention that the ordering of institutions is always defective because the distribution of natural talents and the contingencies of social circumstance are unjust, and this injustice must inevitably carry over to human arrangements. Occasionally this reflection is offered as an excuse for ignoring injustice, as if the refusal to acquiesce in injustice is on a par with being unable to accept death. The natural distribution is neither just nor unjust; nor is it unjust that persons are born into society at some particular position. These are simply natural facts. What is just and unjust is the way that institutions deal with these facts.

Good points, MRM, in your response to Thomas.

Posted by: Namit | Mar 30, 2011 1:37:36 PM

The short of it is this: I will tell you what I deserve. If you disagree, I will ask you why. If your explanation is rational and reasonable I may very well change my ideas of what I deserve followed closely by telling you what I now believe I deserve. If your answer isn't ratiional and reasonable, I will simply repeat my previous estimation. If you insist that it is for others to decide what I deserve, again, I will ask you why and the process begins again. If you are convincing to my satisfaction, I will concede your point. If you are not convincing, I won't. Again, it is me deciding just exactly how the question is to be answered which amounts, again, to me telling you what I deserve.

What's deserved is for each of us to decide ... even if our decision is to let others have some major input into the answer. Civilization is predicated on the idea that human should not prey on human, i.e. it is for each individual to decide what to do with their life. It seems clear the answer to "what do I deserve" - at least among the civilized - is for me to decide. Among brutes, the issue may be quite different, which is why many of us spend so much trying to determine if our neighor is civilized or a brute. Often, people make it clear who they really are, all too often, they do not.

Posted by: naumadd | Mar 30, 2011 1:57:54 PM

Thomas,

I'll respond to a couple other points you raised (besides what MRM responded to). You write:

Rawls assumed that people would vote to avoid the risk of being the "losers" in such a system, but perhaps they are voting in fact to take the chance of being "winners," however one might measure winning and losing.

This is a common yet flawed objection to Rawls' thought experiment. In other words (to dramatize the point a bit), would people choose a highly unequal society, say a feudal one, in the hope that they would end up as the king? Rawls argued that reasonable people would not make such risky bets on their basic conditions of life (especially if the odds of coming out on top were very small and the odds of being badly off quite large). Further, the "veil of illusion" implies that they do not know themselves to be gamblers a priori, along with other particulars of their current life.

Did the citizens of the frankly redistributive systems of eastern Europe really fare better than those of the west? ... And who will decide how the "immoral" winnings [are] redistributed?

Egalitarianism does not imply equal distribution. Consider another geography: the citizens of the frankly redistributive systems of northern Europe do really fare better then those in the U.S.

The point, as naumadd suggests too, is that while we all have opinions on how much redistribution seems fair, in a free society we ought to approach this through debate, and matters have to proceed via persuasion and voting. Sometimes, and for assorted reasons, we make bad collective choices in picking the rules of the game. This can be because people are ill-informed about the actual distribution of wealth in their society (here is proof!), are deluded about the actual odds of rising to the top in the current system (social mobility is very poor in the U.S.), and lack adequate reflection on the causes behind their own station and that of others, etc. Frequently, powerful vested interests want to preserve this status quo, so they invest in clouding our notions of social cause and effect. Is it not in the interest of the powerful (often subconsciously) to promote the idea that the lifestyles of the rich and famous are within reach of all, and to uphold rags-to-riches stories as inspirational ("see how this enterprising slumdog came up against all odds, so the rest of you can too!")? This gets drummed into people's heads via corporate media and other institutions to the point that they only blame themselves for their lot and do not think of examining and changing the rules of the game.

Frankly, the idea that the misguided masses are voting against their own interests smacks of condescension.

Is it condescending to say that people often do not choose wisely and act out of ignorance—especially if one also explains why one says it, looks at such people with empathy, and proposes what may be better and why? The libertarian/egalitarian split no doubt reflects a political spectrum. To analyze others from a region on this spectrum—with a certain vision of a fairer society—is not necessarily to be condescending, and is best pursued, I think, in the spirit of debate and persuasion.

Posted by: Namit | Mar 30, 2011 6:10:58 PM

Namit,
The difference between what Friedman wrote (or rather, Sandel's interpretation of Friedman) and what I'm trying to point out is more a balance between deontological concerns and consequentialist ones. Yes, the way things are is (typically) not the way things ought to be, but I would argue that justice in outcome has less moral weight than the justice inherent to the process that brought about a given outcome (though that's just my view).

You could frame that as a balance between stability/equality/security against the presence of individual freedom, and so what I struggle with is epistemological. The veil of illusion implies what seems to me to be a contentious notion of what is rational when "rationality" contains its own subjectivity. So if that method cannot even tell us what the true just outcome in society should be, all we have left is to promote the capacity of individuals to pursue their own outcomes. Optimistically, a world where people pursued these moral goals would not require Rawls. Cynically... societies that pursue Rawls to a just outcome might employ some morally impermissable means to get there.

Posted by: Daniel | Mar 31, 2011 10:33:17 AM

All I know is that my employer and I have different and irreconcilable opinions as to what I deserve.

Posted by: J. Hawkins | Mar 31, 2011 10:58:40 AM

What the 80% of the population that captures 20% of the returns deserves is fair treatment by the 20% of the population that captures 80% of the returns. Neither side 'deserves' to be in either population and trying to identify the 20% so that we might supply the entitlement through meritocracy is a mugs game. "Deserve's got nuthin to do with it." Clint Eastwood giving the last rites to Gene Hackman in Unforgiven.

Posted by: Kirk | Mar 31, 2011 11:56:39 AM

From an article about the jobless recovery in CBS.com

"Everything is tilted in favor of the employers... The employee has no leverage. If your boss says, `I want you to come in the next two Saturdays,' what are you going to say — no?"

Since the recession, American companies have boosted profits by eliminating workers. It's class warfare, pure and simple. Profits are more important than human lives.

Posted by: J.Hawkins | Mar 31, 2011 12:46:26 PM

Daniel,

Thanks for the clarification. I am sympathetic to the concern you raise in your first paragraph, namely, the concern with the morality of means vs. ends. It is a very good concern to have.

However, I am not sure how Rawls' theory of justice is more susceptible to this concern than any other. I'll begin by noting that while the Difference Principle may be consequentialist (minimizing economic suffering), the other two pillars of Rawls' theory of justice (which derive from the veil of illusion thought experiment) are strongly anti-consequentialist (a) political equality and equal basic liberties ("Each person has an equal right to a fully adequate scheme of equal basic liberties which is compatible with a similar scheme of liberties for all.") (b) fair equality of opportunity for all. This makes Rawls' theory of justice clearly non-consequentialist.

Nozick's own anti-consequentialism pivots on a certain view of human liberty. To him, "Taxation of earnings from labor is on a par with forced labor." So if the state takes away 30% of my income as taxes, says Nozick, it is forcing me to devote 30% of my time in the service of the state. This is like the state owning 30% of my labor, which is like saying 30% of me has been enslaved by the state. So in moral terms, taxation = slavery. This certainly reflects one conception of liberty.

In contrast, Rawls' conception of liberty is the kind people choose from an original position of equality. Behind the veil of illusion, he says, it is what people will rationally want in an ideal social contract (and he has argued why). So we cannot say that Nozick was for liberty and Rawls wasn't. They simply upheld different conceptions of liberty. If you think that the Difference Principle amounts to infringing on liberty (you called it "coercive 'corrective' action"), you may already be a subscriber to Nozick's conception of liberty. I think these two conceptions of liberty are key to the political spectrum in this debate.

Does this advance the conversation? I am also intrigued by your words, "The veil of illusion implies what seems to me to be a contentious notion of what is rational when "rationality" contains its own subjectivity." Do elaborate if you have time and interest.

Posted by: Namit | Apr 1, 2011 4:23:38 AM

Namit: Great article, and sharp responses to the comments.

Some points:
1. The following line caught my attention: "Only if society is better off as a whole does favoring inequality seem fair." This prescription is presumably motivated by Rawls's egalitarian bias. But don't the neoliberals use this as the moral justification for their system of inequality as well? Whenever there's a debate about enconomic reforms in a developing country, the neoliberals invariably argue that, yes, income differences will increase, but society will be better off as a whole. And since there is no objective way of measuring "better off," the Difference Principle comes across as a platitude that anybody can use for their purposes. (Or are there caveats that give this principle some practical, serviceable content?).

2. As Daniel suggests, Rawls's theory does not acknowledge its subjectivity or the "mystical foundations" that are bound to underlie any project of social engineering. The 'Veil of Illusion' thought-experiment purports to envisage the economic arrangement that will automatically ensue when a set of individuals choose solely based on self-interest. Why such a mode of choosing is deemed "rational" is not clear to me. Also, prescriptions like the Difference Principle seem intended to load the dice in favor of a relatively egalitarian society. Of course, that's the kind of system I'd want too, but it's better to acknowledge one's extra-rational aims upfront, instead of trying to smuggle them in under the guise of rationality.

Posted by: M73 | Apr 1, 2011 9:07:49 AM

M73, thanks (one of these days you ought to abandon that nom de blog and reveal yourself. :-).

Responding to your numbered arguments:

1. The key point you raise here is that "better off" is debatable. Of course it is. Let both sides marshal objective measures to support their case for "better off" — say, changes in real income, in equality of opportunity (as reflected in social mobility), in levels of debt, in health and longevity, in education (functional literacy, percentage attended college), in the amount of leisure, in societal violence, etc. It then comes down to whether such measures persuade us one way or another.

Egalitarian instincts are no doubt as old as libertarian instincts but Rawls gave the former a better argumentative platform to stand on. He pointed out the gaping holes in libertarian and meritocratic beliefs (i.e., rewards as moral desert). I don't see Rawls' Difference Principle as a mere platitude. I think it provides solid argumentative support for limiting inequality.

2. As I wrote in the article, the universality of Rawls' theory of justice has been questioned (he apparently acknowledged that). In any philosophical viewpoint, a set of foundational beliefs are presupposed. This is inevitable and holds even in the case of science. One might say, for instance, that Rawls' theory presupposes a people who value deliberation as a means of choosing the laws to govern themselves; it presupposes a people who uphold the sanctity of individual pursuits apart from collective ones. What this might amount to is reducing the scope of his theory to frames where these presuppositions are generally valid (say, his own society; Sen has recently tried to adapt his theory to the Indian / a wider context).

Also, Rawls did not build or defend his theory on the grounds that it is more "rational" than others. He began with a basic question: if people in a free society were to deliberately and dispassionately choose a social contract, what might they come up with? If you distrust this approach, you can't allege it has "mystical foundations" without stating clearly what they are and why they are problematic (as, for e.g., Sandel critiqued Rawls' approach, though on different grounds. Also, a nuance worth stating: the Difference Principle is not Rawls' prescription. He'd say that it is what people would choose themselves if they deliberately and dispassionately looked for a social contract).

Posted by: Namit | Apr 1, 2011 12:51:59 PM

Namit: thank you for your response. I'm still a bit skeptical about the quantifiability of "better off." But these are minor quibbles, and I don't want to take up any more of your time. Also, thanks for pointing out that nuance about the Difference Principle. Wow, a social theory that predicts its own inevitability... wait, that sounds familiar!

I might just heed your advice on the nom de blog. For now, my richly suggestive wiki entry will have to do :-)

Posted by: M73 | Apr 2, 2011 10:08:04 AM

Well, that does sound familiar ... I guess the nuance was not worth stating, certainly not in the misleading way I did. I'm stoked that it took a rare alignment of stars to point this out! :-)

Posted by: Namit | Apr 2, 2011 2:33:15 PM

Much of the surplus enjoyed by the fortunate and hard working was produced by taxes paid by all and by the cultural inheritance of everybody, for example, the stability, legal rights, safety, the culture of exchange and the public goods such as roads, lighting and public infrastructure. Some people benefit more from these, some less.

Posted by: Phil Bubb | Apr 2, 2011 7:14:38 PM

Namitbhai.. Great thoughts and experiences, nicely formulated and articulated, a good article for sure. Author's participation in the comments section just makes it that much lively. I've been coming back to this page more than once. But recently, I found something worth posting to the comment-community as well. From thehumanist.org feed of this seemingly similar post it appears the last paragraph in particular is truncated on this page. Hope it's okay if I quote:

What would it take to break this spell? For starters, it would require Americans to realize that the distribution of wealth in their society is far less egalitarian than they think it is—a recent survey revealed that Americans think the richest fifth of them own 59 percent of the wealth, while the actual figure is 84 percent. Perhaps living on credit helps create the illusion that the average American has more than he or she does. Americans also believe that their odds of rising to the top are far better than they actually are; social mobility is quite low by international standards. A kid from the poorest fifth of all households has a 1 percent chance of reaching the top 5 percentile income bracket, while that of a kid from the richest fifth has a 22 percent chance. The task of breaking this spell, then, requires telling new kinds of stories, engaging in vigorous public debate, and employing our best arts of persuasion.

Posted by: mutex_ | Jun 7, 2011 5:13:37 PM

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