Justice before the starting line
A just society does not promise everyone the same arrival. But it can and must prevent the arrival from already being written in the departure
Key points
Sometimes injustice appears in disguise. It makes no noise and produces no immediate scandal. It comes in the form of differences. Differences in academic performance, in health, in confidence, in ambition, in ability to find one's way in the world. One child learns to read earlier, another later. One girl starts high school already knowing what university is, another knows no one who has ever attended it. Someone finds books, silence, support and encouragement at home. Someone else, however, finds weariness, precariousness, narrow spaces, nervous and absent adults not through fault but through fatigue. Then, at some point, society measures, compares, selects. Those who have done better are rewarded, those who have fallen behind are invited to try harder. It is here that inequality performs its moral trickery. It presents itself as a result, after long, behind-the-scenes work, as a precondition.
Before the race
John Roemer's most important contribution to the theory of equality of opportunity lies precisely in having forced political philosophy to shed light on this point and having attempted to dismantle the perverse logic of naive meritocracy. It is not enough to say that people should be judged by what they do and not who they are. Nor is it enough to say that competition must be open and non-discriminatory. It is necessary to ask what happened before the competition began. What resources were available. What capacities had already been formed. What expectations had been encouraged or extinguished. What wounds, shortcomings and implicit advantages had already determined the very possibility of choice. Roemer distinguishes two ways of understanding equality of opportunity. The first is the principle of 'non-discrimination'. When competing for a position, all those with the relevant qualities should be allowed to enter the competition and should only be judged by those qualities. It is a fundamental principle, a child of the Enlightenment 'carrière ouverte aux talents' (careers open to talents). Violation of this principle imprisons society in arbitrary hierarchies based on gender, social origin, ethnicity, religion. But for Roemer, this principle is not enough. Because a formally unbiased selection can still be profoundly unjust if it occurs after the conditions of people's education have been radically unequal. As he writes in Equality of Opportunity, 'Before competition begins, equal opportunities must be guaranteed, resorting if necessary to social intervention measures; once it begins, however, everyone must fend for himself' (Harvard University Press, 1998, p. 2). Before competition begins, opportunities must be made equal, including through social intervention; afterwards, individuals are personally accountable for their choices.
Circumstances, commitment and responsibility
The whole difficulty lies in that 'before'. Where does society's responsibility end and the individual's begin? Where to place the starting line? Roemer does not offer a rhetorical answer, but an analytical criterion. We must distinguish what depends on circumstances from what can be attributed to the efforts of the individual. Circumstances' are those factors that influence people's life chances and for which we cannot hold them responsible: genetic inheritance, the family they are born into, the neighbourhood in which they grow up, their parents' level of education, the language spoken at home, the richness or poverty of the cultural environment, health, the quality of available schools, the network of relationships, even the horizon of expectations that is transmitted in the first years of life. Commitment, on the other hand, is what remains in the realm of personal choice. Not because it is pure and free from conditioning - Roemer is well aware that even the ability to commit is influenced by context - but his proposal is precisely to find a way to attribute responsibility without turning circumstances into individual guilt. Hence the idea of 'types'. Individuals who share similar circumstances belong to the same 'type'. Effort should then not be compared in absolute terms between people in different worlds, but in relative terms within one's 'type'. Two people have made a comparable effort not when they have devoted the same number of hours to study, but when they occupy the same position in the effort distribution of the group to which they belong, defined by the circumstances that have conditioned their existence. The student at the 50th percentile of effort among those from fragile families and the student at the 50th percentile among those from advantaged families must be considered, in this sense, equally deserving, even if, due to different circumstances, their effort will generate different results.
The political implications of this reasoning are clear. A just society will work to compensate for differences in circumstances so that, for the same relative effort, outcomes are not systematically different. "Equality of opportunity requires that we compensate people for differences in their circumstances insofar as those differences affect educational performance, but not that we compensate for the consequences of different effort" (p. 7). Justice does not, therefore, according to Roemer, consist in erasing all differences in achievement, nor in denying personal responsibility, it consists, rather, in ensuring that what we are not responsible for does not determine what we can become. This is why Roemer shifts the discussion from moral abstraction to institutional design. How should schools be financed? How should educational resources be distributed? What does it mean to guarantee access to health? How much and how should we invest in early childhood, income support, scholarships? How should we organise orientation, training, active employment policies? In this theoretical framework, equality of opportunity is anything but a slogan. It is rather an institutional technology.
Non-identical matches
The decisive point is that treating everyone equally does not necessarily mean treating everyone fairly. This is perhaps the hardest lesson to accept for a public culture accustomed to confusing equality with 'sameness'. If two children have different needs, giving them both the same thing may mean leaving the initial gap intact. "There is nothing that is as unfair as making equal parts between unequals" wrote Don Lorenzo Milani in his Letter to a teacher. If one arrives at school having already received years of linguistic stimulation, reading, conversations, travel and family support, while the other arrives with a much more fragile heritage, the same classroom, the same desk, the same teacher, the same book do not necessarily produce the same opportunity. Roemer says this with a clarity that should become an ordinary criterion for evaluating public policies: 'Building identical schools and equipping them with identical teachers in different communities where children live in very different conditions will not, in principle, guarantee them equal opportunities for success' (p. 24). The reason is simple. An opportunity is not a thing. It is not a building, a desk, a canteen, a computer or a scholarship. These are tools. Opportunity is the actual ability to transform those means into real learning, choices and possibilities. Roemer goes on to write: 'An opportunity is an abstract thing. It is not a school, nor a plate of nourishing food, nor a cosy dwelling, but rather it is a capacity that is developed by making appropriate use of that school, that food and that dwelling' (ibid.) Opportunity is a capacity that takes shape in the appropriate use of what we receive. But precisely this capacity is not evenly distributed. It depends on prior conditions, on habits, on security, on language, on health, on relationships, on trust. That is why an opportunity policy cannot limit itself to distributing equal objects. It must question the different capacities of people to transform those objects into a possible life horizon.


