JUSTICE, CLAIMS AND PRIORITARIANISM: ROOM FOR DESERT? Matthew D. Adler, Duke University,
[email protected] Draft of October 2016. Preliminary draft. Please do not cite or distribute. Introduction Distributive justice respects the separateness of persons. This is hard to dispute and indeed, since Rawls, has been a truism in the philosophical literature about distributive justice. In my prior work, I have used the concept of “across-outcome claims” to specify the content of distributive justice, consistent with justice’s grounding in the separateness of persons.2 An across-outcome claim (for short, “claim”) is a three-part relation between a person and two outcomes. Moreover, claims are “valenced” by well-being. That is to say: a person has a claim in favor of one outcome over a second just in case she is better off in the first outcome; and she has a null claim between the outcomes just in case she is equally well off in the two. This construal of claims—as having an across-outcome structure, valenced by well- being—builds upon seminal insights of Thomas Nagel in his 1977 Tanner Lecture and his book Equality and Partiality.3 My prior work on the claims framework assumes undifferentiated desert. Individuals are equally situated with respect to all non-well-being characteristics—whatever these might be— that plausibly could be thought to bear upon the strength of individual claims. In the case of undifferentiated desert, the claims framework argues for three fundamental clusters of principles: first, the two well-being Pareto principles (Pareto indifference and strong Pareto); second, the Pigou-Dalton principle; and finally, the Anonymity principle.