In his 1984 Dewey lecture, Amartya Sen stated that
An agent is a being with the capacity to act, and ‘agency’ denotes the exercise or manifestation of this capacity. The capacity to act is biological and economic. It is a potential to do certain things. As 'well-being' rises, such potential rises. A healthy person with money can do more than a sick person who has no money. However, both would not want to do things which someone else can do better even if they are themselves the beneficiary. True, a child may say 'I want to get dressed by myself.' This is because the child wants to develop a particular capacity. There are things we may want to do on our own even if, once we have mastered the skill, we are content to let someone else do it. This follows from the theory of comparative advantage. It is one thing to develop a capacity 'just in case' we have to depend on ourselves. It is quite another to do something for which we have a higher opportunity cost than someone else. Thus I may want to learn how to cook a particular dish. But, supposing I am a busy business executive, I might prefer to have it prepared for me. I would say 'part of increasing my well-being is my learning to do things which I find interesting. But, because of the high opportunity cost of my time, I do not want to exercise that particular type of agency.'Speaking generally, agency does not matter. It does not matter how a thing is done unless there is some utility in doing it- e.g. a guy who likes cooking gaining pleasure from cooking a meal- but disutility- i.e. the opportunity cost of doing something- may be much higher which is why the busy business executive doesn't actually do any cooking though it is something he enjoys. The reason for this is that by not cooking, he gets higher utility by working in his own field of specialization.
Once one understands that disutility is opportunity cost, we need not bother with 'agency'. It is irrelevant. The principal has agency even if he employs an agent to get something done. Only utility matters and that is what 'well being' is about. Freedoms are Hohfeldian immunities concerning the disposal of specific things- e.g. your time, property you own, casting the vote the law assigns to you, standing for offices for which you are eligible etc. This freedom exists even if it is delegated in a lawful fashion. What matters is whether there is a legal remedy for violations of a Hohfeldian immunity. That is a justiciable matter. Courts will not say 'x is no longer free because x has voluntarily entered a Rehab clinic with onerous rules.' They will say 'x suffers from an addiction. To be cured of this she has voluntarily entered a clinic which, in some respects, is like a prison. But x is the principal and the clinic is the agent she has hired for a specific purpose. She is free to leave. The complaint, made by her drug dealer, that she has been falsely imprisoned does not hold water. She is free to either overcome her addiction by herself or by employing an agent.' On the other hand, suppose this lady has entered a cult, been subjected to brain-washing, and thus no longer has free will. In these circumstances, if her kin can prove she suffers harm and is no longer able to exercise her free will, the Court may order her removal from the premises of the cult and appropriate medical or psychiatric treatment. These examples show that only utility matters when it comes to freedom.
I suppose one might say 'a Nanny State which does everything for you denies you agency. You are not truly free'. But, if you can emigrate, this is not really the case. It is just that one jurisdiction may have fewer Hohfeldian immunities than another. In Texas, if you hear a prowler in your house, you can shoot the fellow under 'stand your ground'. In New York, there is a 'duty to retreat'. You call the police and they may open fire.
The second thing which Sen gets wrong is the notion of 'informational constraints'. This relates to the cost of acquiring additional information. If it is too high, decisions must be made on the basis of information known to be incomplete. One consequence is that we treat dissimilar things as though they were similar because, for our purpose, this is a good enough solution. Consider Syria and Afghanistan. We know there are differences between the two countries. Yet, for our purpose, we may predict that the new regime in Syria will go the way of the Taliban in Kabul. In other words, the new regime in Damascus will drop the pretence of having given upIslamist ideology in favour of pragmatism. We can imagine a person of Syrian origin discussing whether she should return to Syria with a friend from Afghanistan. 'Don't do it' the friend says. 'I know your country is different from mine but the people who have gained power there are similar to the Taliban.' This may be 'rough and ready' advise, but it is fit for purpose, given our existing information set.
Sen thinks the information constraint has to do with 'universalizability'- i.e. the moral principle that states that actions are only morally acceptable if they can be applied to everyone in similar circumstances. However, this means there is a criteria of eligibility. The burden of proof falls on the person disobeying the law to show why he is not eligible to be judged under it. Generally speaking, information asymmetry means he has low cost for providing such proof.
But we know that additional information will show that things currently treated as alike- e.g. Syria and Afghanistan- aren't really alike. Still, if the outcome will be the same in both countries for a particular group- e.g. women- then, for a narrow purpose, we may well treat them as alike. What Sen is talking about is Leibniz's 'identity of indiscernibles'. But this has no application to epistemic objects- i.e. things which change as more is known about them. A person with great expertise on Syria might say 'such and such district in Syria will be perfectly safe for such and such group.' Still, broadly speaking, they may agree that Syrian refugees need to be a bit cautious about returning home.
Sen quotes Sedgwick who observed that if something is right or wrong for me but not for you this must be because of some difference in the two cases rather than a difference between persons. However, what is different is that two people may have different 'uncorrelated asymmetries'. Thus, in law, Queen Victoria could do no wrong. This was because she was the Sovereign. Sedgwick could do wrong. He wasn't the sovereign.
So, either this is a tautology- viz. 'irrelevant stuff is irrelevant' or it is the 'intensional fallacy' writ large. The fact is, when it comes to 'epistemic' (i.e. knowledge based) objects- e.g. preferences, or expectations- then Leibniz's law of identity does not hold. All information may be relevant even if it is not obvious why this is the case. Consider the Monty Hall problem- Suppose you're on a game show, and you're given the choice of three doors: Behind one door is a car; behind the others, goats. You pick a door, say No. 1, and the host, who knows what's behind the doors, opens another door, say No. 3, which has a goat. He then says to you, "Do you want to pick door No. 2?" Is it to your advantage to switch your choice? The answer is yes. Your expected probability distribution has changed because of new information. After all, the TV host would not have opened the door with the car behind it. That would have spoiled the game.It must be said, for practical purposes, we may assume 'independence of irrelevant alternatives'. Thus suppose I have an ice cream van. As a rule, I decide to go out on sunny days not rainy ones. However, if there is a pop concert or football match, I might make an exception to this rule since some extra information has become available to me.
Actions are never identical. Motivations and consequences and uncorrelated asymmetries (e.g. whether you have the legal right to dispose of a particular thing because you have legal ownership of it) play a part. Horizontal equity says that like cases should be judged the same way. But vertical equity says unlike case should be judged differently. Additional information can show that like cases are actually unlike. This is what keeps lawyers in business.
Sen has made the claim that 'Hume's law' (no 'ought' can be derived from an 'is) conflicts with Hare's 'universal prescriptivism. As I have pointed out, there can be no conflict. Hare is welcome to say there is a cat which is a dog. We are welcome to say he is wrong. It may be that science will come up with a genetically engineered creature which can reconfigure itself as a dog though most of the time it is a cat and displays feline characteristics even when it turns into a dog. But, currently, we would probably be right to insist that no cat is a dog.
Moral approaches have one advantage. They are predictable. Moreover, they seek to be 'robust'- i.e. change little as information changes. That is why it is worth acquiring a reputation for morality. Of course, there may be hypocrisy or else people may be reluctant to spend money doing what they claim is the right thing to do.
Sen thinks otherwise. He does not understand that morality says if you get married you must not run off with your best friend's wife just because you got new information which inclines you to think you would be happier with her.
This is nonsense. Utilitarianism can focus on 'disutility' (i.e. opportunity cost) and 'transferable utility' (money). The Government can do things which raise productivity and thus increase tax revenue. If it does not, it may go off a fiscal cliff. In the Thirties it was important to get rid of 'interpersonal comparisons' because this could lead to the physical liquidation of entire classes or races of people. Equally, economists needed to be able to predict market behaviour. They needed to focus on 'revealed preferences' and thus estimate the elasticity of demand and supply as an empirical matter.This is gibberish. 'Welfarism' is the same as 'Act consequentialism'. The 'goodness of information' is not a factor. Either the information is reliable or it must be rejected. Adding things up does not depend on the 'goodness' of information. Outcome utilitarianism is the same thing as Act Utilitarianism. Not doing the right thing may be just as culpable in law and morality as doing the wrong thing.
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