when they have previously been given a fair share as far as the
requirements of distributive justice are concerned. However, it is widely
believed-certainly as a matter of pretheoretic considered judgmentthat these distinctions are not altogether irrelevant for a theory of justice.
It is possible, I guess, that a theory of justice might repudiate these
distinctions altogether. Sometimes Rawls gives that impression in his
comments about desert. And neither the argument for the Difference
Principle nor the Rawlsian social minimum argument I outlined in the
previous Part seems to pay any attention to the question of individuals'
own responsibilities for their membership in the worst-off group. 74 Still,
we might insist, a theory of justice is inadequate if it says nothing to
address this question or allay the concerns that it raises. Even if it is
believed that choice and responsibility should not matter at the extremity
of need, still some account must be given of the intuitions that underlie
these concerns about choice and responsibility and of why these
intuitions do not always have the importance that their proponents say
they have.
Some theories of justice have made these distinctions fundamental. In
Ronald Dworkin's account of equality of resources, for example, we are
to think in terms of a model in which each person is assigned an equal
share of resources-configured by processes that treat the person as an
equal in determining how things should be divided or how nonfungible
items should be treated.75 But once resources are assigned, we assume
that holdings will quickly become unequal as a result of various processes:
Some may be more skillful than others at producing what others want and will
trade to get. Some may like to work, or to work in a way that will produce more
to trade, while others like not to work or prefer to work at what will bring them
less. Some will stay healthy while others fall sick, or lightning will strike the
farms of others but avoid theirs. For any of these and dozens of other reasons
76
some people will prefer the bundle others have in say, five years, to their own.
Some of the hardest work required by Dworkin's model then involves
distinguishing, among these various ways in which people's holdings
might become unequal, those that represent the results of fair choicesinvestments, gambles, preferences for leisure over work-and those that
represent brute bad luck. It has always been Dworkin's position that one
does not treat people as equals if one requires that they be insulated from
the consequences of their own free choices. People who worked or
saved in order that they would have enough resources for a rainy day are
73. RAWLS, supra note 4, at 273-77.
74. See, e.g., RONALD DWORKIN, IS DEMOCRACY POSSIBLE HERE? 103-04 (2006).
75. Ronald Dworkin, What Is Equality? Part 2: Equality of Resources, 10 PHIL. &
PuB. AFF. 283 (1981).
76. Id. at 293-94.
798
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