Economics and Ethics

Rutgers Law Journal symposium on Amartya Sen's The Idea of Justice

Mark D. White

The latest issue of the Rutgers Law Journal (43/2, 2012) features a symposium on Amartya Sen's The Idea of Justice. As stated in the foreword by John Oberdiek:

The Rutgers Institute for Law and Philosophy, in conjunction with the Rutgers Law Journal, was honored to host a symposium on The Idea of Justice in May 2011 at the Rutgers School of Law–Camden. Sen’s intellectual acclaim, not to mention his well-known personability and grace, made it easy to attract a stellar roster of political philosophers from across the country: David Estlund from Brown, Samuel Freeman from Penn, Gerald Gaus from Arizona, Erin Kelly from Tufts, Henry Richardson from Georgetown, and Debra Satz from Stanford, all of whom, save for Estlund, have contributed an article to the present issue. Sen responded to each paper in turn at the conference, and we are delighted to be able to publish in this volume his full and considered written reply. This marks the first time a Nobel Laureate has been published in the Rutgers Law Journal.

The papers included in the symposium are:

Ideal Theory and the Justice of Institutions Vs. Comprehensive Outcomes, Samuel Freeman

Mapping Out Improvements in Justice: Comparing Vs. Aiming, Henry S. Richardson

Social Contract and Social Choice, Gerald Gaus

Amartya Sen's The Idea Of Justice: What Approach, Which Capabilities?, Debra Satz

Public Reason as a Collective Capability, Erin I. Kelly

A Reply, Amartya Sen

Even kids know that numbers aren't always the most important thing

Mark D. White

This morning's Baby Blues comic strip falls under the category "out of the mouths of babes":

Even litte Hammie knows that it isn't always about the numbers--sometimes it's about the principle of that matter!

This made me think of Amartya Sen's example of counterpreferential choice in which a person has to choose between a small and large apple, leaving the other one for someone else. The person wants the larger apple, but also feels the larger apple should be left for the other person out of courtesy, and may therefore choose the smaller apple. It isn't necessarily that the person "wants" to be courteous more than he or she wants the larger apple; it may be that the person's highest desire is for the larger apple, but his or her respect for social decorum overrules that preference when it comes to choosing an apple. (I make that point often in my work on Kant and choice; for instance, see my Kantian Ethics and Economics, pp. 42-46.)

Call for papers: Law and literature conference focused on justice and Amartya Sen

Mark D. White

From the Law & Humanities blog (and Mai-Linh Hong's Twitter feed) comes this pre-announcement which should be of interest to our readers (especially the followers of Amartya Sen):

Save the Date/Call For Papers

Third Biennial Literature and Law Conference

TENTATIVE DATE March 30, 2012 (Friday). Please check conference website for confirmation of final conference date—this date will be posted in mid-September.

Conference Location: John Jay College of Criminal Justice (CUNY) (59th Street and 10th Avenue). The conference will take place on the newly expanded John Jay campus, near Lincoln Center in Manhattan. The facilities include a brand new, state of the art conference center.

Conference Organizer and Contact Person: Andrew Majeske, ajmajeske@gmail.com

Theme: The Idea of Justice

This conference aims to bring scholars of literature and law into an interdisciplinary setting to share the fruits of their research and scholarship. Generally this full day conference consists of between 8 and 10 paper panels and roundtables, two talks by prominent speakers, and a post-conference reception. The conference fee will be $75, which will be payable by credit card through a link on the conference website.

Conference Speakers

Amartya Sen, Keynote Speaker: The conference’s keynote speaker is Amartya Sen, winner of the 1998 Nobel Prize in Economics, the Thomas W. Lamont University Professor and Professor of Economics and Philosophy at Harvard University and, until recently, the Master of Trinity College, Cambridge. He has served as President of the Econometric Society, the Indian Economic Association, the American Economic Association and the International Economic Association. He was formerly Honorary President of OXFAM and is now its Honorary Advisor. Of particular interest to this conference is Professor Sen’s celebrated 2009 book, The Idea of Justice. His other books, which have been translated into more than thirty languages, include Identity and Violence: The Illusion of Destiny (2006), The Argumentative Indian (2005), Rationality and Freedom (2002), Development as Freedom (1999), Inequality Reexamined (1992), The Standard of Living (1987), On Ethics and Economics (1987), Resources, Values and Development (1984), Choice, Welfare and Measurement (1982), Poverty and Famines (1981), and On Economic Inequality (1973, 1997) . His research has ranged over a number of fields in economics, philosophy, and decision theory, including social choice theory, welfare economics, theory of measurement, development economics, public health, gender studies, moral and political philosophy, and the economics of peace and war. 

George Anastaplo, Feaured Speaker: The conference’s featured speaker is Professor George Anastaplo from Loyola University School of Law in Chicago, whose life and career been devoted to the idea of justice, both in theory and practice. Professor Anastaplo is the author of more than 15 books, and innumerable articles, including The Constitutionalist: Notes on the First Amendment (1971, 2005), But Not Philosophy: Seven Introductions to Non-Western Thought (2002), The Thinker as Artist: From Homer to Plato & Aristotle (1997), The American Moralist: On Law, Ethics and Government (1992), The Constitution of 1787: A Commentary (1989), The Artist As Thinker: From Shakespeare to Joyce (1983) and Human Being and Citizen: Essays on Virtue, Freedom, and the Common Good (1975). Professor Anastaplo, during his Illinois Bar interview in 1950, took a principled stand against McCarthy era questions asking about his political affiliations, and whether he believed in a right of revolution—he cited the Declaration of Independence to support his view that he and all Americans believe or should believe in such a right. The committee interviewing him was not pleased with his responses, and as a consequence, he has never been admitted to the Bar. Supreme Court Justice Hugo Black, in his dissent in Professor Anastaplo’s case seeking admission to the Illinois Bar (In Re Anastaplo 1961—which Anastaplo lost 5-4), vigorously defended Anastaplo’s position on first amendment grounds and asserted, among other things, that “we must not be afraid to be free”—Justice Black arranged for this quote, and others from his dissent, to be read at his funeral.

Call For Papers and Panels: We invite proposals for papers and panels that address topics that relate the humanities & arts (especially literary texts (broadly conceived)), to this year’s conference theme, the “idea of justice.” Of particular interest are papers and panels that in addition engage aspects of Professor Sen’s book, The Idea of Justice, or that attempt to integrate the theory with the practice of justice, and/or that engage and compare differing notions and perspectives of justice.

CFP Deadline: Please submit abstracts (250 words or less) to Andrew Majeske, ajmajeske@gmail.com, by Friday, January 13, 2012.

Conference Website: More information will be available in September 2011 at http://litandlawjjay.blogspot.com

Amartya Sen on India and China (in New York Review of Books)

Mark D. White

In the new issue of The New York Review of Books (May 12, 2011), Amartya Sen has an article titled "Quality of Life: India vs. China" about the meaning (or lack thereof) of the comparison between GDP growth rates in India and China:

The steadily rising rate of economic growth in India has recently been around 8 percent per year (it is expected to be 9 percent this year), and there is much speculation about whether and when India may catch up with and surpass China’s over 10 percent growth rate. Despite the evident excitement that this subject seems to cause in India and abroad, it is surely rather silly to be obsessed about India’s overtaking China in the rate of growth of GNP, while not comparing India with China in other respects, like education, basic health, or life expectancy. Economic growth can, of course, be enormously helpful in advancing living standards and in battling poverty. But there is little cause for taking the growth of GNP to be an end in itself, rather than seeing it as an important means for achieving things we value.

It could, however, be asked why this distinction should make much difference, since economic growth does enhance our ability to improve living standards. The central point to appreciate here is that while economic growth is important for enhancing living conditions, its reach and impact depend greatly on what we do with the increased income. The relation between economic growth and the advancement of living standards depends on many factors, including economic and social inequality and, no less importantly, on what the government does with the public revenue that is generated by economic growth.

Unfortunately, the article is not free online (though the $6.00 charge does not seem unreasonable).

F. M. Kamm on Sen's The Idea of Justice and Dworkin's Justice for Hedgehogs

Mark D. White

In the latest issue of Philosophy & Public Affairs (39/1, Winter 2011) is a review essay by eminent Harvard philosopher F. M. Kamm on Amartya Sen's latest book The Idea of Justice, which she presents as a companion to her piece on Ronald Dworkin's Justice for Hedgehogs, published in the special issue of the Boston University Law Review dedicated to Dworkin's book (and which I blogged about here). We are lucky indeed to have a powerful mind like Kamm's provide parallel overviews of two such important books--both articles are must-reads!

Carol Hay on "The Obligation to Resist Oppression"

Mark D. White

The new issue of Journal of Social Philosophy (41/2, Spring 2011) features an article by Carol Hay titled "The Obligation to Resist Oppression." Similar to an article highlighted earlier (Sandrine Berges, "Why Women Hug their Chains: Wollstonecraft and Adaptive Preferences," Utilitas 23/1, March 2011), Hay invokes Sen's explanation of why women subvert their own well-being in favor of men's, and argues more generally that just as people have a duty not to oppress others, the oppressed have a duty to fight their oppressors:

In this paper I defend this controversial claim: I argue that people have an obligation to resist their own oppression and that this obligation is rooted in an obligation to protect their rational nature. First, I present a Kantian account of the obligation to resist one’s oppression as an obligation oppressed people have to protect their rational nature; next, I defend this Kantian account by demonstrating some of the ways oppression can harm people’s rational nature; and finally, I show how the obligation to resist one’s oppression need not be as overly onerous as it might initially appear to be. (p. 21)

Journal Watch: Utilitas, 23 (1), March 2011

Mark D. White

The latest issue of Utilitas (23/1, March 2011) contains some very interesting articles; it was very difficult to select just a few to highlight, but here they are:

MOZAFFAR QIZILBASH, Sugden's Critique of the Capability Approach

In comparing Sen's work with Mill's, Sugden criticizes Sen's capability approach because it may be applied in such a way that society or theorists judge what is best for people and potentially restrict liberty on that basis. Sugden cites Nussbaum's work as evidence in making his case. Sugden's critique of Sen's approach succeeds on a narrow reading of it. On that reading Sen is also critical of it because it does not leave enough room for liberty. On a broad reading, the critique has less force. Nussbaum's approach follows Mill in allowing people freedom to act on whatever desires they have if this does not harm others. This neutralizes the central element of Sugden's critique as it applies to her approach to some degree. Both Sen and Nussbaum nonetheless recognize the danger of illiberal restrictions in application which motivates Sugden's critique.

BEN COLBURN, Autonomy and Adaptive Preferences

Adaptive preference formation is the unconscious altering of our preferences in light of the options we have available. Jon Elster has argued that this is bad because it undermines our autonomy. I agree, but think that Elster's explanation of why is lacking. So, I draw on a richer account of autonomy to give the following answer. Preferences formed through adaptation are characterized by covert influence (that is, explanations of which an agent herself is necessarily unaware), and covert influence undermines our autonomy because it undermines the extent to which an agent's preferences are ones that she has decided upon for herself. This answer fills the lacuna in Elster's argument. It also allows us to draw a principled distinction between adaptive preference formation and the closely related – but potentially autonomy-enhancing – phenomenon of character planning.

SANDRINE BERGES, Why Women Hug their Chains: Wollstonecraft and Adaptive Preferences

In a recent article, Amartya Sen writes that one important influence on his theory of adaptive preferences is Wollstonecraft's account of how some women, though clearly oppressed, are apparently satisfied with their lot. Wollstonecraft's arguments have received little attention so far from contemporary political philosophers, and one might be tempted to dismiss Sen's acknowledgment as a form of gallantry. That would be wrong. Wollstonecraft does have a lot of interest to say on the topic of why her contemporaries appeared to choose what struck her as oppression, and her views can still help us reflect on contemporary problems such as the ones identified and discussed by Amartya Sen. In this article I will argue that a close look at Wollstonecraft's arguments may lead us to rethink some aspects of Sen's discussion of the phenomenon of adaptive preferences.

KEITH HORTON, Fairness and Fair Shares

Some moral principles require agents to do more than their fair share of a common task, if others won't do their fair share – each agent's fair share being what she would be required to do if all contributed as they should. This seems to provide a strong basis for objecting to such principles. For it seems unfair to require agents who have already done their fair share to do more, just because other agents won't do their fair share. The philosopher who has written most about this issue, however, Liam Murphy, argues that it is not unfair to do so, at least in the standard sense of that term. In this article, I give Murphy's reasons for saying this, explain why I think he's wrong, and then say a little about why this issue might be important.

MATTHEW TEDESCO, Intuitions and the Demands of Consequentialism

One response to the demandingness objection is that it begs the question against consequentialism by assuming a moral distinction between what a theory requires and what it permits. According to the consequentialist, this distinction stands in need of defense. However, this response may also beg the question, this time at the methodological level, regarding the credibility of the intuitions underlying the objection. The success of the consequentialist's response thus turns on the role we assign to intuitions in our moral methodology. After presenting the demandingness objection to consequentialism and revealing the underlying methodological stalemate, I break the stalemate by appealing to research in the cognitive neuroscience of intuitions. Given the evidence for the hypothesis that our moral intuitions are fundamentally emotional (rather than rational) responses, we should give our intuitions a modest (rather than robust) role in our moral methodology. This rescues the consequentialist's response to the demandingness objection.

EZEQUIEL SPECTOR, Do You Deserve To Be Talented?

Are inborn characteristics deserved or undeserved? Using Bertrand Russell's theory of descriptions and Peter Strawson's objection to this theory, I argue that this question does not make sense. In order to know whether a person deserves something she has, it is necessary to evaluate what she did before having it. But people did not exist before their birth, so they did not exist before having their inborn characteristics. Therefore, talking about people deserving their inborn characteristics does not make sense: these characteristics are neither deserved nor undeserved.

Gwartney and Connors, "Economic Freedom and Global Poverty" (from Accepting the Invisible Hand)

Mark D. White

Today we continue our preview of Accepting the Invisible Hand: Market-Based Approaches to Social-Economic Problems with Chapter 3, "Economic Freedom and Global Poverty," by James D. Gwartney and Joseph Connors. (Chapter 2 by John Meadowcroft was discussed here, Chapter 1 by me was discussed here, and the preface was posted here.)

From the chapter:

Over the period 1980–2005 many developing countries achieved remarkable increases in economic growth. Real per capita income increased substantially in countries that had experienced only modest increases in living standards for a century or more prior to 1980. Recent scholarship has pointed to the adoption of institutional and policy changes more consistent with economic freedom as an important, if not the most important, explanatory factor underlying the recent economic growth of developing countries. But economic growth and increases in real per capita GDP only provide information on how average income figures are changing. They may be a misleading indicator of what is happening to the living standards of the poor. Did the rapid growth of 1980–2005 lead to lower poverty rates? How does economic freedom affect poverty? What can be done to accelerate reductions in poverty rates? This chapter will address all of these issues. (p. 43)

Gwartney and Connors use recent World Bank data on extreme and moderate poverty to analyze the effect of institutional factors associated with economic freedom--"personal choice, voluntary exchange, open markets, and protection of privately owned property" (pp. 47-8)--on poverty rates in various regions of the world.

While economic freedom is commonly held to be associated with higher growth (for reasons reviewed on pages 47-9), the authors also recognize concerns that this higher growth does not increase the well-being of the poorest members of these societies. After analyzing the data from the World Bank together with the Economic Freedom of the World index (and controlling for factors such as foreign aid), they find that increased levels of economic freedom are correlated with lower poverty rates:

Compared to those that were less free, countries with higher economic freedom ratings during 1980–2005 had lower rates of both extreme and moderate poverty in 2005. More importantly, countries with higher levels of economic freedom in 1980 and larger increases in economic freedom during the 1980s and 1990s achieved larger poverty rate reductions than economies that were less free. (p. 56)

This chapter provides valuable empirical support to arguments (such as in Amartya Sen's book Development as Freedom) that changes in institutions and governance that enhance people's freedom and capabilities are crucial to ameliorating global poverty.

Call for Papers: On Sen's "The Idea of Justice"

Mark D. White

The open access, online journal Rationality, Markets and Morality has issued the following call for papers:

Amartya Sen's recent book The Idea of Justice is put forward as a challenge to what Sen holds to be the predominant approach to justice in contemporary philosophy and marks as 'transcendentalism'. Justice is a matter of reason, but, argues Sen, there is no and cannot be a reasoned agreement on the nature of perfect justice. Moreover, no ideal conception of 'spotless' justice will help us solve the numerous problems of injustice easily identified in the real world. So Sen promotes a different 'comparative' account of justice whereby societies, practices and states of affairs are judged against actual and possible alternatives drawing on a plurality of views and conceptions of the good as expressed and argued for in public debate. Thorough economic and political analysis is at the heart of such moral reasoning. In expanding on and arguing for his conception of justice Sen expounds and integrates many of his well known ideas about welfare, capabilities, equality and liberty, democracy and human rights.

The Idea of Justice has immediately attracted the attention of the scholars in the field. Without doubt, it is an exceptionally resourceful and important contribution to the philosophy of justice. It is most instructive and illuminating but there is also plenty to argue with.

More details at the journal's website (linked above).

What is “development”?

Jonathan B. Wight

A student of mine is finishing up her Honors Thesis on substantive measures of development. One measure she examines is cell phone ownership as a proxy for infrastructure.  One can argue that in a rural areas without land lines, access to cell phones enables one to live a life of greater affiliation and connectedness to those you love (e.g., many husbands migrate and may return only once a year). Having the capability of communicating with loved ones can be considered an important aspect of human development.  What do you readers think?

Amartya Sen writes provocatively about substantive measures and his book, Development as Freedom (1999) offers great insights. 

But Paul Krugman’s quote still captures the issue most succinctly:  

     “Feudalism with cell phones is still feudalism.”

Anyone want to share other pithy quotes on this subject?