front cover of Against Fairness
Against Fairness
Stephen T. Asma
University of Chicago Press, 2012
From the school yard to the workplace, there’s no charge more damning than “you’re being unfair!” Born out of democracy and raised in open markets, fairness has become our de facto modern creed. The very symbol of American ethics—Lady Justice—wears a blindfold as she weighs the law on her impartial scale. In our zealous pursuit of fairness, we have banished our urges to like one person more than another, one thing over another, hiding them away as dirty secrets of our humanity. In Against Fairness, polymath philosopher Stephen T. Asma drags them triumphantly back into the light. Through playful, witty, but always serious arguments and examples, he vindicates our unspoken and undeniable instinct to favor, making the case that we would all be better off if we showed our unfair tendencies a little more kindness—indeed, if we favored favoritism.
 
Conscious of the egalitarian feathers his argument is sure to ruffle, Asma makes his point by synthesizing a startling array of scientific findings, historical philosophies, cultural practices, analytic arguments, and a variety of personal and literary narratives to give a remarkably nuanced and thorough understanding of how fairness and favoritism fit within our moral architecture. Examining everything from the survival-enhancing biochemistry that makes our mothers love us to the motivating properties of our “affective community,” he not only shows how we favor but the reasons we should. Drawing on thinkers from Confucius to Tocqueville to Nietzsche, he reveals how we have confused fairness with more noble traits, like compassion and open-mindedness. He dismantles a number of seemingly egalitarian pursuits, from classwide Valentine’s Day cards to civil rights, to reveal the envy that lies at their hearts, going on to prove that we can still be kind to strangers, have no prejudice, and fight for equal opportunity at the same time we reserve the best of what we can offer for those dearest to us.
 
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front cover of Equal Justice
Equal Justice
Fair Legal Systems in an Unfair World
Frederick Wilmot-Smith
Harvard University Press, 2019

A philosophical and legal argument for equal access to good lawyers and other legal resources.

Should your risk of wrongful conviction depend on your wealth? We wouldn’t dream of passing a law to that effect, but our legal system, which permits the rich to buy the best lawyers, enables wealth to affect legal outcomes. Clearly justice depends not only on the substance of laws but also on the system that administers them.

In Equal Justice, Frederick Wilmot-Smith offers an account of a topic neglected in theory and undermined in practice: justice in legal institutions. He argues that the benefits and burdens of legal systems should be shared equally and that divergences from equality must issue from a fair procedure. He also considers how the ideal of equal justice might be made a reality. Least controversially, legal resources must sometimes be granted to those who cannot afford them. More radically, we may need to rethink the centrality of the market to legal systems. Markets in legal resources entrench pre-existing inequalities, allocate injustice to those without means, and enable the rich to escape the law’s demands. None of this can be justified. Many people think that markets in health care are unjust; it may be time to think of legal services in the same way.

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Experimenting with Social Norms
Fairness and Punishment in Cross-Cultural Perspective
Jean Ensminger
Russell Sage Foundation, 2014
Questions about the origins of human cooperation have long puzzled and divided scientists. Social norms that foster fair-minded behavior, altruism and collective action undergird the foundations of large-scale human societies, but we know little about how these norms develop or spread, or why the intensity and breadth of human cooperation varies among different populations. What is the connection between social norms that encourage fair dealing and economic growth? How are these social norms related to the emergence of centralized institutions? Informed by a pioneering set of cross-cultural data, Experimenting with Social Norms advances our understanding of the evolution of human cooperation and the expansion of complex societies. Editors Jean Ensminger and Joseph Henrich present evidence from an exciting collaboration between anthropologists and economists. Using experimental economics games, researchers examined levels of fairness, cooperation, and norms for punishing those who violate expectations of equality across a diverse swath of societies, from hunter-gatherers in Tanzania to a small town in rural Missouri. These experiments tested individuals’ willingness to conduct mutually beneficial transactions with strangers that reap rewards only at the expense of taking a risk on the cooperation of others. The results show a robust relationship between exposure to market economies and social norms that benefit the group over narrow economic self-interest. Levels of fairness and generosity are generally higher among individuals in communities with more integrated markets. Religion also plays a powerful role. Individuals practicing either Islam or Christianity exhibited a stronger sense of fairness, possibly because religions with high moralizing deities, equipped with ample powers to reward and punish, encourage greater prosociality. The size of the settlement also had an impact. People in larger communities were more willing to punish unfairness compared to those in smaller societies. Taken together, the volume supports the hypothesis that social norms evolved over thousands of years to allow strangers in more complex and large settlements to coexist, trade and prosper. Innovative and ambitious, Experimenting with Social Norms synthesizes an unprecedented analysis of social behavior from an immense range of human societies. The fifteen case studies analyzed in this volume, which include field experiments in Africa, South America, New Guinea, Siberia and the United States, are available for free download on the Foundation’s website:www.russellsage.org.
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The Fair Society
The Science of Human Nature and the Pursuit of Social Justice
Peter Corning
University of Chicago Press, 2011

We’ve been told, again and again, that life is unfair. But what if we’re wrong simply to resign ourselves to this situation? What if we have the power—and more, the duty—to change society for the better?

We do. And our very nature inclines us to do so. That’s the provocative argument Peter Corning makes in The Fair Society. Drawing on the evidence from our evolutionary history and the emergent science of human nature, Corning shows that we have an innate sense of fairness. While these impulses can easily be subverted by greed and demagoguery, they can also be harnessed for good. Corning brings together the latest findings from the behavioral and biological sciences to help us understand how to move beyond the Madoffs and Enrons in our midst in order to lay the foundation for a new social contract—a Biosocial Contract built on a deep understanding of human nature and a commitment to fairness. He then proposes a sweeping set of economic and political reforms based on three principles of fairness—equality, equity, and reciprocity—that together could transform our society and our world.

At this crisis point for capitalism, Corning reveals that the proper response to bank bailouts and financial chicanery isn’t to get mad—it’s to get fair.

 
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Fairness versus Welfare
Louis Kaplow and Steven Shavell
Harvard University Press, 2002

By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages.

Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers.

How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy.

Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.

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front cover of Justice as Fairness
Justice as Fairness
A Restatement
John Rawls
Harvard University Press, 2001

This book originated as lectures for a course on political philosophy that Rawls taught regularly at Harvard in the 1980s. In time the lectures became a restatement of his theory of justice as fairness, revised in light of his more recent papers and his treatise Political Liberalism (1993). As Rawls writes in the preface, the restatement presents "in one place an account of justice as fairness as I now see it, drawing on all [my previous] works." He offers a broad overview of his main lines of thought and also explores specific issues never before addressed in any of his writings.

Rawls is well aware that since the publication of A Theory of Justice in 1971, American society has moved farther away from the idea of justice as fairness. Yet his ideas retain their power and relevance to debates in a pluralistic society about the meaning and theoretical viability of liberalism. This book demonstrates that moral clarity can be achieved even when a collective commitment to justice is uncertain.

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front cover of Stacked Deck
Stacked Deck
A Story of Selfishness in America
Lawrence E. Mitchell
Temple University Press, 1998
Americans for generations have  been raised with the mantra that we can grow up to be anything we want to be, achieve anything we can imagine. How many of us believe the message? Dream big. It is a fundamental ideology of unbounded opportunity underscoring our drive to succeed. Yet for many Americans the reality, no matter how hard they try, is far from the visions of glory, the unattainable dream of rags to riches that leaves them feeling like failures.

To understand this ideology and its effect on society, Lawrence E. Mitchell instructs us to look at the myth of individualism that pervades our laws, our social thought, our institutions, and our philosophies. It is the touchstone of our national debates on welfare reform, salary equity, FDA regulations, and a criminal defendant's right to a fair trial -- and it even infiltrates our private lives every time we argue about the division of household chores or television time. In Stacked Deck, Mitchell shows us how this artificial reality buries the way we truly live.

Mithcell uses examples drawn from history, politics, law, and culture to show how our singular concern with fairness has diminished our sense of vulnerability, so that our ideas of justice, equality, and efficiency are  modeled on the capabilities of the strongest in society. Large scale examples -- such as blue collar layoffs and corporate downsizing, natural disasters and catastrophic illnesses -- illustrates the rickety bridge between comfort and disaster. We must be reminded that we are all vulnerable to the forces of economics, society, politics, and nature. Thus, Mitchell proposes, those who start out at the top tend to stay there, just as the weak tend to remain weak.

Stacked Deck does more than outline this problem of American selfishness; it proposes a solution tha tis nothing less than a massive reconception of the way we relate to one another. Mitchell retains what is productive about the myth of the self-reliant individual, while asserting what is necessary to restore a sense of community. He suggests a sweeping intellectual recovery of fairness available to all levels of American society, thereby reclaiming our true sense of responsibility to others in society.
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