Justice as fairness and bad luck

Abstract

One major way of arguing for the moral attractiveness of luck egalitarianism is indirect; it consists in showing that the view follows from competing views on distributive justice which one actually endorses. Kasper Lippert-Rasmussen (KLR) claims that luck egalitarianism is indirectly supported in this way by Rawls’s intuitive argument for the difference principle. That argument begins by asserting that the impact of social and natural contingencies on distributive shares is unjust. After clarifying the notion of indirect support, I argue against KLR’s claim. Whether the argument goes on to support luck egalitarianism is a matter of interpretation which can only be decided by looking closer at what Rawls has to say about the difference principle than KLR’s own treatment of the argument allows. In its most plausible reading, the intuitive argument veers away from luck egalitarianism in favor of a non-egalitarian view of the difference principle as a principle of compensating advantage. On this view, inequality due to bad luck is not in any respect unjust when the least advantaged cannot be made better off under alternative arrangements. In conclusion I explain why there are good reasons of fairness to understand the difference principle in this way.     

Reintegrating seriously violent and personality-disordered offenders from a supermaximum security institution into the general offender population

Offenders who have committed serious violent acts while incarcerated are often segregated and housed in supermaximum security facilities. Given the highly restricted regime under which they are detained, it is often difficult to decide if they are safe enough to be discharged. However, there is a need to reintegrate them into the general offender population in a lower security institution for humane, correctional, and financial reasons. We propose a transitional strategy to facilitate their reintegration by way of a maximum-security step-down treatment-oriented facility within which both their security requirements and treatment needs could be adequately met. The present study reports the results of such an approach. More than 80% of the offenders (n = 31) were reintegrated into a lower-security facility without relapsing and being returned to the supermaximum institutions within a follow-up period of 20 months. They also have lower institutional offense rate postreintegration compared to prereintegration.     

Managed Liberalization of the Dutch Welfare State: A Review and Analysis of the Reform of the Dutch Social Security System, 1985–1998

In this article the changes that have been implemented in the Dutch social security system are analyzed. The extensive changes are characterized as a form of "managed liberalization." This characterization points to the paradoxical nature of these changes. On the one hand a certain liberalization can be observed (an increase of social insurance and the administration of social security via the market) while on the other hand the control of the system by the state is also increasing. This process of managed liberalization, however, takes place under an umbrella of lasting universal social protection: entitlements are still determined by law and remain collective. In this article the changes in the Dutch social security are described extensively, interpreted theoretically and analyzed in their consequences for the level of social protection. By following the process of institutional change the system of social security has undergone, the authors also try to find out what the causes of the changes are and what determines the direction the process has taken.     

Taxing the drug trade: Coercive exploitation and the financing of rule

Under the current prohibition regime fornarcotic drugs, taxing the illicit drugtrade appears a contradiction in terms.Nevertheless, a great variety of exactionsystems exist by which states, or fractionsof states, try to fiscalize resources fromparticipants in drug markets, and integratethis drug revenue into their system ofrule. Anti-money laundering legislationand new asset forfeiture laws are the morerecent examples of a much more extensivefiscal toolkit that is applied for thisgoal. This chapter tries to understand theunderlying dynamics of the war on drugs andits outcomes from this fiscal perspective.It looks at diverse modes of ``taxing' thedrug trade, in a variety of jurisdictions along theproduction-trafficking-consumption-investmenttrajectory of the international drugtrade, and tries to assess the implicationsof different fiscal regimes for the natureof rule. The general argument is that crimefighting and law enforcement are poorcategories to comprehend the much morefundamental question of social order thatunderlies these fiscal strategies. Theargument also suggests that criminalization could therefore be seen,not only as a qualitative change in theglobal political order, as Bayart wouldhave it in the citation below, but also asa political coercive strategy that aims tocreate the parameters of a new kind oforder through which power, wealth andsecurity can be accumulated andre-distributed.     

Valuation of natural resources: efficiency and equity

Adequate pricing of environmental goods is essential for the sustainable management of natural resources. It is not easy, however, to place a value on natural resources, because the excludability problem makes it difficult to protect natural resources from unpaid use and to exercise property rights over them. This article discusses the achievements and limitations of current natural-resource policies from the perspectives of efficiency and equity. It argues that a trust fund operating via market-based transactions is a promising approach to help to achieve simultaneously the goals of efficiency, sustainability, and poverty reduction, provided that property rights to the environmental resources are distributed fairly within current generations, as well as between present and future generations.     

Moroccan adolescent suspect offenders in the Netherlands: ethnic differences in offender profiles

Ethnic minority youths are over-represented in the juvenile justice system in Western societies. However, research on the nature of crime committed by these youths is lacking. In the present study, offending patterns of incarcerated native Dutch adolescents and adolescents of Moroccan origin were compared. Criminal record data were used to examine the offence history of 291 incarcerated adolescents. Offender types were determined through latent class analysis. Adolescents of Moroccan origin were incarcerated more often, for more offences and at a younger age than native Dutch adolescents. A four-class model of offender types was found: property offenders, violent offenders, sexual offenders and arsonists. Property offenders were mainly Moroccan adolescents, the other offender types consisted predominantly of native Dutch adolescents. Moroccan adolescents in pre-trial arrest in the Netherlands can be characterized as early starting offenders who persist in being incarcerated for property-based crime.     

Lawmaking and News Making: Different Worlds after all? A Study on News Coverage of Legislative Processes in the Netherlands

Over the last decades the importance of the media for understanding the functioning of democracy in the contemporary world has become evident. Yet despite the developing body of knowledge on political communication and newsworthiness there is little research about why and how the media cover legislative processes in a European context. Therefore this study analyses media coverage of lawmaking in the Netherlands and investigates which characteristics of legislation influence the amount of news coverage. It shows that only one out of five laws is covered at all and that no more than one out of 10 laws receives substantial media attention. This leads to the question why some laws get extensive news attention, whereas most laws are completely ignored. Press coverage for the legislative process turns out to be both selective and predictable. Traditional news values such as political conflict and significance are good predictors of media coverage for lawmaking. In addition, laws are largely ignored when they are part of the budgetary cycle.     

Childhood Maltreatment Experiences and Child Abuse Potential: Temperamental Sensitivity as Moderator?

This study aimed to examine the relationship between negative experiences in childhood (physical-, sexual-, and emotional abuse and emotional neglect) and the risk for an individual to become a perpetrator of child maltreatment in adulthood. Participants were 337 female college students who completed self-report measures of childhood trauma and temperament. Risk for child abuse was assessed with the Child Abuse Potential Inventory. Results showed experiences of emotional neglect significantly predicted higher child abuse potential. Additionally it was shown that experiences of physical abuse significantly predicted higher child abuse potential but only in those individuals with high temperamental orienting sensitivity. These results underline the potentially damaging long-term effects of emotional neglect in childhood and indicate temperamental sensitivity may moderate the relationship between being abused as a child and being at risk for maltreating one’s own offspring.