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Introduction
Questions about work and its arrangement are the source of great
political controversy in society. The issues involved are highly divisive,
but the divisions generated do not neatly map onto the familiar political
Left-Right spectrum. Even amongst those of similar political persuasion,
there is a considerable disagreement about whether we should exercise
political power to pursue full employment, to discourage ‘overwork’, to
make job-holders more secure, or to incentivise workers to avoid
dependence on state aid.
Whilst we can make some progress with these questions by
consulting with our intuitions, a fully satisfactory response must make
use of an account of the political principles and social institutions that
ought to guide society’s arrangement of work. In this thesis I defend a
liberal egalitarian conception of justice, and then use it to develop such
an account. That is, in this thesis I develop and defend a liberal
egalitarian account of justice in work.
The purpose of this introductory chapter is to provide an overview
of this thesis’s aims, structure, and conclusions. This chapter begins by
clarifying the subject matter of my inquiry – work and its arrangement.
Following this, I then draw attention to the political and philosophical
significance of questions concerning the arrangement of work. In doing
so, I illuminate the value of having an account of the political principles
Page 1 of 25
and social institutions that ought to guide society’s arrangement of work.
Over the course of the subsequent three sections, I then issue three
distinct sets of remarks relating to the methods used in this thesis: the
first concerns the concepts of ‘justice’ and ‘legitimacy’ and the
relationship between the two ideas; the second examines and specifies
the distinctive requirements of political morality; and the third addresses
the relationship between questions regarding society’s arrangement of
work and questions regarding society’s distribution of benefits and
burdens more generally. Finally, I conclude with a brief preview of the
thesis. This preview affords me the opportunity both to clarify the more
specific questions and literature that I engage with, as well as indicate
some of the conclusions that I later establish.
1 Work
This thesis is concerned with work. But, what is work? This is
simultaneously a very good and very bad question for a normative inquiry
of this kind to begin with. It is a very good question to begin with as it
prompts a clear delineation of the subject matter of the thesis.
Presumably, an investigation into normative issues relating to work is in
some way distinct from a normative investigation into global justice, the
family, climate change, or bioethics, for example. Moreover, in the
absence of any idea of what is meant by ‘work’, the questions this thesis
is concerned with may simply be impossible to answer: if we have no idea
Page 2 of 25
what work is, then it will be impossible to answer questions about its
appropriate arrangement.
However, it is also a very bad question to begin with in that it
invites us to engage in a form of conceptual analysis that is inessential to
our ends. Put in stark terms, we can theorise about what bankers,
surfers, or parents are owed as a matter of justice without recourse to
the conceptual matter of whether it is a misuse of a label to say that
banking, surfing, or parenting are properly regarded as ‘work’.1
Normative theory is primarily concerned with what we owe (to each
other) and for what reasons; it is not concerned with semantics.
In order to circumvent this problem, I instead stipulate a definition
of work. By work, I (stipulatively) mean paid employment. There are
three advantages to proceeding on the basis of this definition. First, as
will be explained in the next section, it enables us to engage with a set of
politically and philosophically important questions. Second, it leaves
open the possibility that closely related activities, such as volunteering or
parenting, say, should be governed by similar or identical normative
principles. In short, though this thesis is not concerned with these closely
related activities, it is in principle consistent with my approach that we
ought to think about them in precisely the same way that we think about
paid employment. Third, this definition of work is sufficiently close to the
1 In addition to being inessential, the task may also be impossible. A number of authors acknowledge that, if we attempt to discover a definition of work latent in common discourse, we may be forced to accept the conclusion that ‘no unambiguous or objective definition of work is possible’. See Keith Grint, The Sociology of Work: Third Edition (Cambridge: Polity Press, 2005), 6. Perhaps a more promising strategy (for those interested in such things) is to adopt a normative approach to conceptual interpretation. For an elaboration and defence of this method, see Ronald Dworkin, Justice for Hedgehogs (Cambridge, MA.: Harvard University Press, 2011), chs. 7 and 8.
Page 3 of 25
definition utilised by other authors whose contributions bear upon this
inquiry.2 This ensures that my definition of work does not obscure this
thesis’s contribution to the academic literature.
Two clarifications are called for at this stage. First, let me
distinguish between those benefits and burdens that are internal to work,
and those that are external to work. A benefit is internal to work when a
worker’s possession of it results directly from her performance of the
task(s) involved. This is the case with self-realisation at work, for
example. By contrast, a benefit is external to work when a worker’s
possession of it results from it being conferred upon her as a result of her
performance of the task(s) involved. This is the case with a worker’s
salary, for example. This thesis is concerned with the distribution of both
the internal and external benefits and burdens of work. For this reason, it
is perhaps more accurate to say that this thesis is concerned with
normative questions concerning society’s arrangement of work and the
benefits and burdens that attach to it. Given how cumbersome this
phrase is, though, I shall simply continue to refer to ‘work’.
Second, it may help briefly to comment on the relationship between
work and jobs. Jobs provide vehicles through which citizens are assigned
work.3 To assert that a citizen has a job as a professional darts player,
say, is to claim nothing other than that she undertakes paid employment
2 See, for example, Russell Muirhead, Just Work (Cambridge, MA.: Harvard University Press, 2004), 4-6.3 Many will also be tempted to draw a further distinction between jobs, careers, and occupations. The central feature of this distinction, it is sometimes claimed, is temporal. Whereas jobs are short-term, careers and occupations refer to more long-term projects. See, for example, Norman Care, ‘Career Choice’, Ethics, 94 (1984), 283-302 at 285. Though something like this distinction may be latent in common discourse, I see no need to employ it in this thesis. Instead, and for simplicity, I shall stick to the more restricted language of work and jobs.
Page 4 of 25
as a professional darts player. A corollary of this claim is that, for the
purposes of this thesis, volunteering and parenting are not jobs. This is
because they do not involve paid employment.4
2 Theorising about Work
Why bother to defend an account of the political principles and social
institutions that ought to guide society’s arrangement of work? There are
at least two compelling answers to this question. The first makes
reference to the fact that work is a huge part of many citizens’ lives. The
relationship between work and citizens’ interests is an extremely
complicated one (which I investigate in further detail in Chapter 1). A
central feature of the relationship is that the work that a citizen
undertakes greatly affects the extent to which she is able to pursue what
she regards as a flourishing life. Or, in slightly more technical terms,
arrangements of work greatly affect the extent to which she is able to
pursue her conception of the good.5 An implication of this is that
injustices in this aspect of citizens’ lives are likely to be particularly
grievous and, as a result, especially politically urgent.
Second, aside from questions of wage inequality, normative
questions relating to the arrangement of work have not received either
the political or philosophical attention they warrant. The assumption that
4 Some complications are raised by activities that, though not currently paid, should be paid. For the purpose of this thesis, I put these complications on hold. 5 A conception of the good is ‘an ordered family of final ends and aims which specifies a person’s conception of what is of value in human life or, alternatively, of what is regarded as a fully worthwhile life’. See John Rawls, Justice as Fairness: A Restatement (Cambridge, MA.: Harvard University Press, 2003), 19.
Page 5 of 25
jobs ought to be arranged and distributed according to broadly laissez-
faire market principles is one that has been largely unchallenged both
politically and philosophically (at least outside of Marxist theory). There
are signs of change, however. First, as Alex Gourevitch has noted, in
addition to contesting wealth and income inequality, recent anti-capitalist
protests have also focused on the benefits and burdens that are internal
to work.6 Protestors have called for a transformation in the kind of work
that jobs typically involve.
Moreover, there has also been a resurgence from within academia
in issues relating to work and its arrangement. Most significantly, this
has come from liberal theorists, who have, with notable exceptions,7
traditionally neglected the topic.8 Even John Rawls fails to specify in any
detail the implications for work of either justice as fairness or political
liberalism.9 Whilst there is a little discussion of how precisely we ought
to respond, there is an emerging consensus that laissez-faire market
arrangements and distributions of jobs remain unjust, even once certain 6 Alex Gourevitch, 'Labor Republicanism and the Transformation of Work', Political Theory, 41 (2013), 591-617 at 592.7 I have in mind principally, though not exclusively, the contributions of Richard Arneson. See Richard Arneson, ‘Meaningful Work and Market Socialism’, Ethics, 97 (1987), 517-45; Richard Arneson, ‘Is Work Special? Justice and the Distribution of Employment’, The American Political Science Review, 84 (1990), 1127-47; and Richard Arneson, ‘Meaningful Work and Market Socialism Revisited’, Analyse & Kritik, 31 (2009), 139-151. See also Kory Schaff (ed.), Philosophy and the Problems of Work: A Reader (Lanham, MD.: Rowman & Littlefield, 2001). 8 See, for example, Samuel Arnold, ‘The Difference Principle at Work’, Journal of Political Philosophy, 20 (2012), 94-118; G. A. Cohen, Rescuing Justice and Equality (Cambridge, MA.: Harvard University Press, 2008), ch. 5; Russell Keat, ‘Anti-Perfectionism, Market Economies, and the Right to Meaningful Work’, Analyse & Kritik, 31 (2009), 121-138; and Stuart White, The Civic Minimum: On the Rights and Obligations of Economic Citizenship (Oxford: Oxford University Press, 2003).9 Rawls makes a number of claims regarding how work will be arranged in the just society, but the justifications for these claims are often left unclear. Samuel Arnold therefore concludes that ‘Rawls’s views on work are somewhat of a puzzle’. See Arnold, ‘The Difference Principle at Work’, 95. See John Rawls, A Theory of Justice: Revised Edition (Cambridge, MA.: Harvard University Press, 1999), §65; and Rawls, Justice as Fairness, §53,
Page 6 of 25
wage inequalities have been corrected for. Together, these points
highlight the political and philosophical timeliness of a normative
investigation into the political principles and social institutions that ought
to guide society's arrangement of work.
3 Justice and Legitimacy
My investigation into society's arrangement of work makes use of the
ideas of ‘justice’ and, to a lesser extent, ‘legitimacy’. For this reason, it
will help for me to specify how I use these terms, which is a task that
requires a short detour.
Within normative theory, broadly understood, there are three types
of question that are normally asked.10 First, we can inquire into the moral
permissibility or impermissibility of actions. We could ask, for example,
ought the government to raise the minimum wage? Let’s call these
action-guiding questions. Second, we can inquire into the
blameworthiness or praiseworthiness of actions. We could ask, for
example, ought I to blame the current government for failing to raise the
minimum wage? Let’s call these ascriptive questions. Finally, we can
inquire into the goodness or badness of outcomes. We could ask, for
example, would the world be a better or worse place if the government
were to raise the minimum wage? Let’s call these axiological questions.
10 The framework that I offer here is similar to, though departs in crucial respects from, that offered in G. A. Cohen, ‘How To Do Political Philosophy’ in On the Currency of Egalitarian Justice and Other Essays in Political Philosophy (Princeton: Princeton University Press, 2011), 225-35 at 227.
Page 7 of 25
Each of these types of questions can be applied to various aspects
of society's arrangement of work. First, we could ask, which social
institutions ought the government to set up to guide society's
arrangement of work? Second, we could ask, ought I to blame the
current government for failing to support these social institutions?
Finally, we could ask, how good or bad is the state of affairs that these
social institutions bring about?
This thesis is concerned with a specific set of action-guiding
questions – that is, with a specific set of questions about morally
permissible and impermissible action. It is tempting, therefore, to adopt
a definition of justice that directly tracks moral permissibility. According
to this view, an act is just if and only if it is morally permissible; and, by
implication, an act is unjust if and only if it is morally impermissible. To
say that an institution or set of public rules are just is to say that the
decisions that brought about that institution or set of public rules were
morally permissible ones.
This position is too simplistic, however. This is because there are
some actions that, though morally permissible, are not just. Let’s
consider Rawls’s example of a democratically-mandated decision to set
up legal institutions that seek to maximise overall well-being subject to a
constraint guaranteeing an adequate minimum for everyone.11 Though
this decision is according to Rawls less just than establishing legal
institutions that seek to maximise the position of the least advantaged
subject to respecting certain rights, given that it is democratically
11 John Rawls, Political Liberalism (Columbia: Columbia University Press, 1996), xlviii-xlix.
Page 8 of 25
mandated, such a decision might still be morally permissible. In short, we
have a decision that is morally permissible, though not strictly just.
It is tempting to bite this bullet: we could affirm that, according the
definition of justice that has been stipulated, we should simply regard
both decisions as just by virtue of their moral permissibility. An
unfortunate implication of this response, though, is that it deprives us of
the theoretical tools to determine which action of a set of morally
permissible actions is the best one. This is unsatisfying both
philosophically and politically. It is philosophically unsatisfying because it
would result in many important normative questions being taken off of
the table, and it is politically unsatisfying because citizens would lack a
framework to help them determine which decision (of a set of morally
permissible ones) they ought to support.
A more sophisticated and promising alternative is offered by Rawls,
who distinguishes between justice and legitimacy.12 Questions of justice
concern the conditions the fulfillment of which ensures that everyone’s
interests are given equal weight. It is axiomatic of a just society that
political power is exercised in a way that respects the freedom and
equality of all citizens, and that this is achieved by treating all citizens’
relevant interests as equally weighty.13 By contrast, questions of
legitimacy concern the conditions the fulfillment of which is sufficient for
a decision to possess political authority, in the sense that it imposes of
citizens a pro tanto moral duty to obey its commands. Decisions that fail
to treat all citizens’ interests as equally weighty, and are hence unjust,
12 Rawls, Political Liberalism, Lecture IX, §5. 13 Dworkin, Justice for Hedgehogs, chs. 15-18.
Page 9 of 25
may none the less command political authority, and hence remain
legitimate. As Rawls notes:
A legitimate procedure gives rise to legitimate laws and policies made in accordance with it….Neither the procedures nor the laws need be just by a strict standard of justice, even if, what is also true, they cannot be too gravely unjust. At some point, the injustice of the outcomes of a legitimate democratic procedure corrupts its legitimacy, and so will the injustice of the political constitution itself. But before this point is reached, the outcomes of a legitimate procedure are legitimate whatever they are.14
Legitimacy is a doubly-permissive concept. It is not merely that shortfalls
from strict justice can be legitimate when they result from a strictly just
procedure; rather, shortfalls from strict justice can also be legitimate
when they result from a procedure that is merely sufficiently just. It is
consistent with this view that particularly unjust decisions can never
command political authority, even if produced by a procedure that,
absent the grave injustice, would be strictly just.
My main concern is with the requirements of justice with respect to
society's arrangement of work. It is, therefore, consistent with the
account that I defend that there are alternative political principles and
social institutions that, though less just, may still command political
authority providing that they result from a suitable procedure. I leave
this as an open possibility.
4 Political Morality14 Rawls, Political Liberalism, 428.
Page 10 of 25
One way in which to develop an account of justice in work is by reference
to labour perfectionism.15 Labour perfectionism consists of two claims:
(1) meaningful work (however it is defined) is necessary for, or at least
conducive to, living a flourishing life; and (2) political power ought to be
exercised in a way that promotes and protects flourishing lives. Labour
perfectionism has the familiar implication that social institutions ought to
be arranged such that citizens’ jobs involve meaningful work.16
Labour perfectionism a powerful initial appeal. The fact that
certain arrangements of work preclude, or act as an obstacle to, citizens
leading flourishing lives seems clearly to be relevant to the development
of an account of justice in work. Indeed, as Muirhead points out, to fail to
pay attention to this idea is to fail to pay attention to ‘the source of the
reasons that motivate us most vitally in politics and elsewhere’.17 The
appeal of the second premise of labour perfectionism is also stressed by a
critic of the position, Jonathan Quong, who concedes that there is
‘enduring appeal’ to the idea that political power ought to be exercised in
a way that promotes and protects flourishing lives. In particular, he notes
that it chimes well with the ‘deeply attractive and intuitively compelling’
thought that ‘the aim of the state (or at least one of its major aims)
should be to improve the lives of citizens’.18
15 I take this term from White, The Civic Minimum, 89. 16 Karl Marx’s writings can be read as providing a partial defence of labour perfectionism. See Karl Marx, ‘Economic and Philosophical Manuscripts’ in Karl Marx: Selected Writings (Oxford University Press, 2000 [1844]), 83-121 at 85-95. This interpretation is not uncontroversial. See Arneson, ‘Meaningful Work and Market Socialism’, 519-20.17 Muirhead, Just Work, 24. 18 Jonathan Quong, Liberalism Without Perfection (Oxford: Oxford University Press, 2011), 30.
Page 11 of 25
Despite its initial intuitive appeal, however, labour perfectionism is
not a plausible starting position for a normative investigation into the
political principles and social institutions that ought to guide society's
arrangement of work. This is because our reasons to exercise political
power in a way that promotes and protects flourishing lives are reasons
that are typically defeated by other reasons.19 The argument for this
conclusion draws upon the familiar arguments given by liberal anti-
perfectionists, such as Rawls.
The response to labour perfectionism begins by noting that, at least
within liberal societies, there will be irreducible disagreement about the
relationship between meaningful work and human flourishing:20 there
will be disagreement about whether any kind of work is necessary for
human flourishing in addition to disagreement, among those who think it
is, about whether that work has to be ‘meaningful’.
The fact that the relationship between meaningful work and human
flourishing is controversial is significant because it has the implication
that when the exercise of political power is justified by reference to this
relationship, some citizens will inevitably be subject to the exercise of
political power that is justified by appeal to reasons whose validity they
reject. Justifying the exercise of political power in this way is oppressive
as it violates a basic liberal right to political autonomy. The right to
political autonomy protects citizens’ interests in being able to identify
freely ‘with the constraints that they face, in the sense that they
19 Rawls, Political Liberalism, Lecture IX.20 This disagreement is the inevitable outcome of the free exercise of human reason, and is explained by what Rawls calls the burdens of judgment. See Rawls, Political Liberalism, 54-8.
Page 12 of 25
understand the content and justificatory bases of the constraints, and
freely accept them’.21 The fact that justifying the exercise of political
power by appeal to controversial reasons leads to the violation of
citizens’ right to political autonomy is sufficient to demonstrate that the
exercise of political power in this way is morally impermissible.22 Ex
hypothesi, this sanctions the rejection of labour perfectionism.23
Citizens’ right to political autonomy is violated when the exercise of
political power is justified in this way even if the controversial reasons
appealed to turned out to be correct. That is, even if meaningful work
were necessary for flourishing life, it would remain morally
impermissible to justify the exercise of political power on this basis. This
is because, even if correct, some citizens will reject meaningful work’s
importance and hence none the less have their right to political
autonomy violated when the exercise of political power is justified in this
way.
21 Matthew Clayton, Justice and Legitimacy in Upbringing (Oxford: Oxford University Press, 2006), 15. As Rawls notes, the importance of political autonomy is also an idea present in the work of Jean Jacques Rousseau. See John Rawls, ‘The Idea of an Overlapping Consensus’ in Samuel Freeman (ed.), Collected Papers (Cambridge, MA.: Harvard University Press, 1999), 426, n. 10; and Joshua Cohen, ‘Reflections on Rousseau: Autonomy and Democracy’, Philosophy & Public Affairs, 15 (1986), 275-97 at 274–88. 22 It is consistent with this that our interest in political autonomy can, in extreme cases, be defeated by a concern for other interests. See Rawls, Political Liberalism, 152. See also, Matthew Clayton and David Stevens, ‘When God Commands Disobedience: Political Liberalism and Unreasonable Religions’, Res Publica, 20 (2014), 65-84.23 Quong has suggested that citizens’ right to be treated as agents equally capable of planning, revising, and rationally pursuing their own conception of the good life is also violated. See Quong, Liberalism without Perfection, 100-107. It is not clear to me that this is the case. Judging that a citizen got it wrong in a given instance does not entail that she was, or in general is, less than equally capable of getting it right. To this extent, justifying the exercise of political power by appeal to reasons whose validity is rejected need not entail a violation of citizens’ right to be treated as agents equally capable of planning, revising, and rationally pursuing their own conception of the good life.
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The exercise of political power can be coercive or non-coercive. It is
coercive when it is imposes a limitation on a citizen’s liberty, and non-
coercive when it does not. Citizens’ rights to political autonomy can be
violated by the exercise of both coercive and non-coercive political
power.24 This is because, when non-coercive political power is justified by
appeal to reasons whose validity is rejected, citizens are no longer able
to accept the justificatory bases of the constraints they face. Though the
constraints faced have not been narrowed, the defence of these
constraints has a particular character that requires justification none the
less. This point is important as it reveals the way in which citizens’ rights
to political autonomy are violated even when labour perfectionism is
pursued through means that do not impose limitations on citizens’
liberty.
An implication of our concern for political autonomy is that we are
required to exercise justificatory restraint when justifying the exercise of
political power. This is in part what distinguishes political morality from
applied moral philosophy.25 More specifically, our concern for political
autonomy means that we ought to justify the exercise of political power
by appeal exclusively to reasons that all citizens can be expected to
accept, so-called public reasons. Let’s call this principle the liberal 24 It should also be noted that many exercises of political power that appear to be non-coercive in fact turn out to involve coercion. Let’s consider a policy that sought to use financial incentives to encourage citizens to undertake meaningful work. On the surface, this policy does not appear coercive since it does not aim at constraining citizens’ options. However, this analysis ignores the fact that the financial incentives offered to citizens are typically funded through the use of coercive taxation. The policy is thus coercive in that it involves forcing citizens to contribute to its maintenance. For more on this, see Bernard Gert and Charles Culver, ‘Paternalistic Behaviour’, Philosophy & Public Affairs, 6 (1976), 45-57.25 ‘Neither political philosophy nor justice is fairness is, in that way, applied moral philosophy. Political philosophy has its own distinctive features and problems.’ See Rawls, Justice as Fairness, 14.
Page 14 of 25
principle of legitimacy,26 and let’s call those who accept it liberal anti-
perfectionists.27
Liberal anti-perfectionism has been attacked on many fronts. Since
this is a thesis about justice in work, though, it is not desirable for me to
respond to each of these worries here. Many will, therefore, find my
discussion of the demands of political morality, and in turn my rejection
of labour perfectionism, to be too brief to be satisfactory. It is for this
reason that liberal anti-perfectionism is better characterised as an
undefended premise of my investigation, rather than as a conclusion that
I hope to establish.
Having said this, it will help for me to comment on, albeit not
respond to, a particularly common objection: the asymmetry objection.
Consideration of this objection clarifies the structure of liberal anti-
perfectionism. The asymmetry objection claims that the liberal principle
of legitimacy proves too much. This is because citizens disagree about
more than the importance of meaningful work; they also disagree about
almost all values, including political values, such as freedom and
equality. This suggests that there are no public reasons. Even when
political power is used in seemingly just ways, such as to serve equality,
some citizens will inevitably be subject to the exercise of political power
that is justified by appeal to reasons whose validity they reject. Doesn’t
the exercise of political power in ways that promote equality similarly
violate some citizens’ rights to political autonomy? To claim not would 26 Rawls, Political Liberalism, 137. 27 Perfectionism ‘is merely a term used to indicate that there is no fundamental principled inhibition on governments acting for any valid moral reason’. Anti-perfectionism is the denial of perfectionism. See Joseph Raz, ‘Facing Up: A Reply’, Southern California Law Review, 62 (1989), 1153-235 at 1230.
Page 15 of 25
seem to involve treating this case and the case of labour perfectionism
asymmetrically.28
A compelling response to the asymmetry objection will distinguish
between two different kinds of inevitable disagreement. First, citizens
inevitably disagree about the value of various conceptions of the good.
Second, citizens inevitably disagree about the value of various
conceptions of justice. The asymmetry objection gets its force from the
apparent symmetry between these two kinds of disagreement. In order to
respond to this objection, liberal anti-perfectionists must explain why
these two kinds of disagreement differ. In particular, liberal anti-
perfectionists must explain why citizens’ political autonomy is not
violated when political power is justified on the basis of reasons of justice
whose validity they reject, but it is violated when political power is
justified on the basis of other reasons whose validity they reject. If this
conclusion can be sustained, then liberal anti-perfectionist can justify
restricting the scope of the liberal principle of legitimacy exclusively to
disagreements about the value of various conceptions of the good.
I do not attempt to take on this task.29 I mention it only because it
helps to illuminate further the content of liberal anti-perfectionism. This
section’s clarification regarding the distinctiveness of political morality is
28 Various versions of this objection have been presented in Michael Sandel, ‘Review of Political Liberalism’, Harvard Law Review, 107 (1994), 1765-94 at 1782-9; Stephen Mulhall and Adam Swift, Liberals and Communitarians (Oxford: Blackwell, 1992), 234; Simon Caney, ‘Anti‐perfectionism and Rawlsian Liberalism’, Political Studies, 43 (1995), 248-64 at 257-8; and Jeremy Waldron, ‘Disagreements about Justice’, Pacific Philosophical Quarterly, 75 (1994), 372–87. 29 There are several notable defences of this position. See Clayton, Justice and Legitimacy in Upbringing, 19-27; Steven Lecce, Against Perfectionism: Defending Liberal Neutrality (Toronto: University of Toronto Press, 2008), chs. 4 and 8; Quong, Liberalism without Perfection, ch. 7; and Micah Schwartzman, ‘The Completeness of Public Reason’, Politics, Philosophy, and Economics, 3 (2004), 191-220.
Page 16 of 25
important for two reasons. First, it shows why we have decisive reasons
to reject labour perfectionism, which is a historically dominant position
within accounts of justice in work. Second, it is important because a
commitment to liberal anti-perfectionism informs other aspects of the
investigation. In this respect, this section serves to clarify a further key
premise of my project.
5 Generalism and Integrationism
In this section I address the relationship between the political principles
that ought to guide society’s arrangement of work specifically and the
political principles that ought to guide society’s distribution of benefits
and burdens more generally. To serve this end, I shall distinguish
between, and subsequently offer answers to, two distinct questions: the
generalism/non-generalism question and the integrationism/isolationism
question.
The generalism/non-generalism question concerns the grounds of
the political principles that are used to evaluate arrangements of work.30
Generalists affirm that the political principles that ought to guide
society's arrangement of work derive entirely from the more general
political principles that ought to guide society's distribution of benefits
and burdens. Non-generalists deny this. Non-generalists affirm that in
order plausibly to answer political questions about work we must appeal,
at least in part, to good-specific principles concerning paid employment.
On this view, the political principles that govern society's arrangement of
30 Though he uses different labels, the same issues are discussed in [reference removed].
Page 17 of 25
work are in some sense sui generis, and that work thus generates its own
internal political principles that either replace or operate in addition to
the political principles identified by generalists.
To illuminate the disagreement here, let’s briefly consider a
different case: the distribution of health.31 One familiar position states
that health is special such that we ought to be more averse to
inequalities in its distribution than to inequalities in the distribution of
other goods that are relevant to justice.32 One explanation for this is
offered by the non-generalist, who is willing to affirm that there are sui
generis political principles that apply to health, perhaps in addition to
more general political principles. An alternative position is offered by
Ronald Dworkin, who utilises a generalist approach. Dworkin begins with
a general inquiry into the political principles that ought to guide society's
distribution of benefits and burdens, and then seeks to derive political
principles to guide the distribution of health from this.33 It is consistent
with this position that we ought to be more averse to inequalities in the
distribution of health than to inequalities in the distribution of other
goods that are relevant to justice. It is just that the increased averseness
must be explained by more general political principles.34
31 I take this example from [reference removed]. Whereas his case involves the distribution of healthcare, I prefer to talk about the distribution of health. This is for reasons made familiar in Norman Daniels, Just Health: Meeting Health Needs Fairly (Cambridge: Cambridge University Press, 2008). 32 See Daniels, Just Health; and Michael Walzer, Spheres of Justice: A Defense of Pluralism and Equality (New York: Basic Books, 1983), 64-94.33 Ronald Dworkin, ‘Justice in the Distribution of Health Care’, McGill Law Journal, 38 (1993), 883-98.34 See, for example, Shlomi Segall, Health, Luck, and Justice (Princeton: Princeton University Press, 2010), esp. ch. 6.
Page 18 of 25
By contrast, the integrationism/isolationism question concerns to
extent which considerations about justice in general should affect our
evaluation of arrangements of work that satisfy the particular demands
of the political principles that ought to guide the arrangement of work.35
Integrationists affirm that we should analyse justice in work in
conjunction with considerations about what justice in general requires.
Isolationists deny this claim. Isolationists affirm that we should respond
to the requirement of justice in work in isolation from considerations
about what justice in general demands.
To illuminate the disagreement here, let’s briefly return to the case
of health. This time, let’s also assume (for the sake of simplicity) that the
political principles that guide the distribution of health dictate that it
ought to be distributed equally. In this case, isolationists will claim that
there are equally weighty reasons to bring about any set of institutions
that protects this outcome. This is because isolationists are committed to
evaluating the distribution of health in isolation from other justice-
relevant considerations. It is consistent with this view that, of those sets
of institutions that protect equal health, we ought to favour some sets
over others on the grounds that they do a better job of protecting other
justice-relevant considerations. For integrationists, however, the
weightiness of the reason to bring about institutions that protect an
equal distribution of health is itself contingent upon the effects that those
institutions have on other justice-relevant considerations. It is even
35 I take these terms from Simon Caney, ‘Just Emissions’, Philosophy and Public Affairs, 40 (2012), 255-300 at 258-9. Again, though he uses different labels, the same issues are also discussed in [reference removed]
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possible that our reasons to bring about certain institutions will be
cancelled if doing so involved too great a departure from what justice
requires in general.36
I favour a generalist, integrationist approach. This means that I
defend an account of justice in work that is (i) derived entirely from the
political principles that ought to guide society's distribution of benefits
and burdens, and (ii) sensitive to other justice-relevant considerations
beyond those directly affecting work. There are at least two reasons for
preferring this approach. The first appeals to the fact that simplicity is a
desideratum of a normative theory. That is, it is a desirable feature of a
normative theory that ‘it yields a body of judgments out of a relatively
sparse amount of theory, deriving the numerous complex variations of
the phenomena from a small number of basic principles’.37 This
consideration counts in favour of the generalist approach only if we add
the further assumption that a generalist normative analysis of society’s
arrangement of work can be at least as compelling as a non-generalist
normative analysis of society’s arrangement of work. In the rest of this
thesis I hope to establish that this is the case.
Second, if we are concerned at all with what we ought to do ‘all
things considered’, then it is more fruitful to theorise about work in a
way that is in principle sensitive to other institutional structures.38 It is
36 For more on cancelling reasons, see Joseph Raz, Practical Reason and Norms (Princeton: Princeton University Press, 1990), 27.37 Shelly Kagan, The Limits of Morality (Oxford: Clarendon Press, 1989), 11. 38 Within the context of climate change, rather than work, similar arguments are offered in Simon Caney, ‘Global Justice, Climate Change, and Human Rights’ in Douglas Hicks and Thad Williamson, Leadership and Global Justice (Basingstoke: Palgrave MacMillan, 2012), 91-112 at 93-6; Samuel Scheffler, Boundaries and Allegiances: Problems of Justice and Responsibility in Liberal Thought (Oxford: Oxford University Press, 2001), 166-70 and 190-2. Within the context of global trade, similar arguments are offered in
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myopic to think that (even pro tanto) reasons regarding how work ought
to be arranged are insensitive to facts concerning that society’s
educational system, healthcare system, or the extensiveness of that
society’s welfare state, for example. It is perhaps this kind of thought
that motivated John Rawls to conclude that justice ought to be concerned
with ‘the way in which the major social institutions fit together into one
system’.39
An upshot of my endorsement of a generalist, integrationist
approach is that the political principles and social institutions that ought
to guide society’s arrangement of work that are most plausible are ones
that make explicit reference to the political principles and social
institutions that ought to guide society’s distribution of benefits and
burdens more generally. Beyond this, further implications of my
commitment to this approach will become clearer as I proceed.
6 Preview of the Thesis
Let’s consider the following. First, there is Annabel, who values and
enjoys her work. In addition to this, she gets paid handsomely, and gets
plenty of time off to spend with her children. Second, there is Binita, who
was brought up to expect so much more from life than she has
accomplished and, though she performs the same actual work as
Annabel, she finds it merely tolerable. Third, there is Charlotte, whose
[reference removed]39 John Rawls, Political Liberalism (New York: Columbia University Press, 1993), 258 [emphasis added].
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natural talents are not nearly as marketable as Annabel’s and Binita’s.
Charlotte spends frequent periods involuntarily unemployed and, when
she can find work, it tends to be in time-consuming, dead-end jobs that
pay just enough to keep her afloat. Charlotte gets by knowing that she’s
making the most of a bad situation. Fourth, there is Danielle, who has a
rare talent that could be put to use for considerable social gains. Danielle
is not motivated to maximise her social contribution, though, and so she
happily takes on much less socially productive work instead.
Annabel’s, Binita’s, Charlotte’s, and Danielle’s situations all differ
in potentially morally salient ways. By considering reflecting on their
situations, as well as the lives of other characters in different situations,
we are able to identify morally relevant considerations that any
satisfactory account of justice in work must be appropriately sensitive to.
This is the approach that I adopt in throughout the thesis.
Accurately analysing these characters’ lives is tough. It requires
consideration of difficult questions that involve many complications. To
mitigate these problems, it may help to make use of several simplifying
assumptions. The logic is as follows: if we can determine the political
principles and social institutions that ought to guide the arrangement of
work in deliberately artificial cases, then afterwards we can attend to the
subsequent task of amending these conclusions in light of certain
complexities that are thrown up by the real world.
At various points throughout this thesis I make use of three distinct
sets of simplifying assumptions. These are the assumptions of (i) equal
talents, (ii) equally productive work, and (iii) ideal theory. I begin the
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thesis with all three assumptions in place and I then remove each of
these assumptions as I progress.
When all three assumptions are in place, our attention is channeled
into cases in which differences between citizens arise as a result of their
different ambitions only. These cases can be modeled by comparing
Annabel’s and Binita’s situations. Chapter 2 engages with the Rawlsian
analysis of cases of this kind. Though Rawlsians correctly draw our
attention to important considerations that any plausible account should
be sensitive to, I show that their position is insufficiently fine-grained to
be capable of yielding instructive policy advice. I conclude that, for this
reason, we must turn to an alternative approach. This approach, which is
developed and defended in chapter 3, utilises a form of resource
egalitarianism in order to defend the appeal of a job market.
Of course, in the real world, the assumption of equal talents does
not hold: whereas some have very marketable talents, others do not. This
is where Charlotte comes in. If work were distributed according to the
principles of the market, those who lack marketable talents would end up
having many fewer valuable opportunities than those who have
marketable talents. This implication would seem to cut strongly against
the familiar egalitarian conviction that citizens’ entitlements ought not to
depend upon factors for which they are not responsible.40 In chapter 4, I
invoke Ronald Dworkin’s model of hypothetical fair insurance in order to
40 This conclusion, which can be called anti-luckism, is most closely associated with luck egalitarianism. See Zofia Stemplowska, ‘Luck Egalitarianism’ in Gerald Gaus and Fred D’Agostino (eds.), The Routledge Companion to Social and Political Philosophy (New York: Routledge, 2013), 389-99 at 389.
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theorise about the conclusions of the previous chapter ought to be
amended in light of differences in citizens’ talents.41
In chapter 5, I then drop the assumption of equally productive
work. This permits examination of the difficulties raised by Danielle’s
situation. In this chapter, I illustrate how our account of justice in work
ought to be amended in light of the fact that doctoring, let’s say, makes
more of a social contribution than gardening. More specifically, I argue
that [INSERT CONCLUSION OF CHAPTER 5].
The third assumption is finally dropped in chapter 6. The task of
this chapter is to inquire into how best to amend our account in light of
the fact the conditions of ideal theory are not always necessarily in place.
Ideal theory has two components: the first is full compliance, and second
is favourable circumstances.42 The assumptions ensure that all citizens
(past and present) discharge their duties, and that the historical,
economic, social conditions necessary for the possibility of a stable, well-
ordered society are in place. Dropping this assumption invites us to
consider how we ought to amend our position in light of, for example,
severe global poverty, partial compliance, and material scarcity. The
argument that I advance defends the claim that these factors should
make us generally more willing to bear and to impose greater
occupational burdens than is standardly assumed.
41 Ronald Dworkin, Sovereign Virtue: The Theory and Practice of Equality (Cambridge, MA.: Harvard University Press, 2000), chs. 2 and 9.42 This definition is stipulated, but it bears considerable resemblance to how the term is used by Rawls. Zofia Stemplowska and Adam Swift, 'Ideal and Nonideal Theory' in David Estlund (ed.), Oxford Handbook of Political Philosophy (Oxford: Oxford University Press, 2012), 373-89.
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Before this, however, I offer a general discussion of how citizens’
interests are affected by arrangements of work. Here, I flesh out the
various ways in which different arrangements of work can affect citizens’
attainment of purportedly valuable goods, and, in doing so, I illuminate
some of the complexities that an account of justice in work must be
sensitive to. This is the subject of Chapter 1, to which I now turn.
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