Academic

Kaplow on the Equality of What Debate

By Lawrence Solum

Louis Kaplow (Harvard Law School) has posted Primary Goods, Capabilities, . . . Or Well-Being? (Philosophical Review, Vol. 116, pp. 603-632, 2007) on SSRN. Here is the abstract:

Theories of distributive justice and of the aggregate social good typically require a method of assessing each individual's situation. Among the common measures are primary goods, capabilities, and well-being. This article advances the argument that approaches that focus on the means of fulfillment, where the means are multi-dimensional, are subject to an objection if advanced as ideal normative theories. In general, it is possible to raise every individual's well-being by deviating from the dictates of means-based theories. This result is problematic not only on welfarist grounds but also if freedom, autonomy, or consent is regarded to be important. It is suggested that means-based theories nevertheless have appeal, but for instrumental, not intrinsic reasons.

Full post as published by Legal Theory Blog on March 21, 2008 (boomark / email).