When choosing is not enough
Roemer escapes this feigned opposition between merit and destiny by elaborating a theory of responsibility that is less crude than those that have animated the debate so far. In Equality of Opportunity (Harvard University Press, 1998) he writes: 'I intend to introduce a distinction between responsibility and accountability, a distinction that is not usually made in everyday language (...) Holding a person accountable for an action,' the philosopher continues, 'means that he or she must pay the consequences: he or she should, perhaps, compensate those who have suffered harm as a result of that action, or be punished by society for it. In other situations, a person responsible for behaviour that generates consequences for himself must accept them: society has no moral mandate to change them. Now, in many cases, though not in all, we might think that a person can only be held responsible for a behaviour if he or she is responsible for it. (We cannot, for example, hold a hypnotised person culpable for the harm he caused someone while under hypnosis)' (p. 18). Up to this point, the philosopher's discourse seems to move only on the terminological and syntactical level. But then Roemer goes deeper and focuses on the opposite connection. On the fact, that is, that 'holding a person responsible does not always mean that we should hold him or her imputable. Thus, for example, we might decide that a teenager is responsible for poor school attendance because she has decided to skip class frequently, but nevertheless not hold her responsible for this, and we might even try to take measures to make up for her consequent educational deficit if the circumstances of her life explain her behaviour (...) I say that individuals should be held responsible for their degrees of commitment,' Roemer concludes, 'but not for their levels of commitment. The consequence of an action for a person should not depend on his circumstances, but on how much he commits himself. Those with the same degree of commitment should be held equally accountable for consequences; since they are equally accountable, their rewards (i.e., the levels of benefit or well-being involved) should be equal. We can only hold a person accountable for misbehaviour if it would have been reasonable, given the circumstances, for him to have behaved better: but the set of reasonable behaviours depends on the 'type' of person (...) taken as the set of behaviours observed in that type' (pp. 18-19). This distinction is therefore decisive. Being responsible for an action does not always mean having to bear the consequences entirely. I may have done something, I may have chosen it, I may have willed it in a sense that is not purely mechanical, and yet society may have reasons for not leaving me alone in the face of all that follows from that choice. The conclusion Roemer draws from this is clear: 'I believe it is morally wrong to hold a person responsible for not having performed an action that it would have been unreasonable to expect of a person in his or her circumstances (...) The distinction between responsibility and imputability allows us to maintain certain moral standards with regard to actions, but without punishing those who perform a reprehensible act if, in the circumstances, only a superhuman being could have prevented it' (p. 18).
Acknowledging that a person is responsible, therefore, does not necessarily imply holding them entirely responsible, or making them bear the entire cost of their conduct. Here a subtle moral space opens up, far from both paternalism and moralism. Justice should not treat individuals as children incapable of acting, but neither should it pretend that every choice is born under conditions of full mastery.
Think about school, for example. A girl stops attending regularly. She accumulates absences. She studies little. She arrives unprepared. Formally, the choice of such conduct is hers. No one has materially decided in her place. But if that conduct is born within a broken family, in a home without space, in a context where no one has ever turned school into a credible promise, how fair is it to make her bear the consequences of a choice that is also her choice? We can say that she is 'responsible' for the absences. But are we sure we can hold her 'accountable' in the same way as a peer raised in an environment where school attendance is protected by habits, expectations, resources and loving supervision?
John Roemer on this point invites us to distinguish moral judgement from social sanction. Not every mistake must become destiny. Just as not every waiver must turn into a fault. There is a difference between saying 'you have acted wrongly' and saying 'from now on you deserve all the worst consequences of what you have done'. It is a difference that securitarian and punitive ideologies tend to erase. And they erase it especially with the most fragile, because the language of responsibility often functions as a selective device. It is harsh with those who have few protections, but lenient with those who have many ways of turning their mistakes into accidents along the way.
The hidden weight of commitment
Roemer's theoretical move is to link responsibility to commitment (effort), but not to commitment as an absolute quantity. In fact, as we have seen, he distinguishes between 'levels' and 'degrees' of commitment. Now this distinction shows its full moral import. People should be accountable for their 'degree' of effort but not for their 'level', because the latter is strongly conditioned by 'circumstances'. We must look at the 'degree' of effort, the relative position a person occupies in relation to those who share similar conditions to his or her own.