Luck egalitarianism is, roughly, the view that inequalities in life prospects resulting from luck are unjust. (There’s a lot to nit pick about that characterization, but it’s a start.) If Amy has better job opportunities than Bob because she happened to have parents who could afford to send her to a fancy private school, that’s unfair.

You might even think it’s unfair that Rob Gronkowski makes so much more money than, say, me simply because he was gifted with 6’6” height and fast-twitch muscle fibers that enable him to run a 4.68 40 yard dash. Even if we both work equally hard at our crafts, Gronk will earn more than me because his natural talents are more marketable than mine. But it’s not like Gronk earned those talents; he just got lucky and won the genetic lottery. So it’s wrong for him to make so much more money than I do.

Suppose, for argument’s sake, this account of distributive justice is correct. What institutional conclusions follow? Luck egalitarians suggest that the income disparities between people like me and Gronk show that free markets are unjust. It’s the job of the state to correct for these kinds of market-generated inequalities via regulation and redistribution.

As I detail in my book, luck egalitarians (and fellow travelers who might not apply the label to themselves) are nearly unanimous in their rejection of free market regimes. Here’s a small sample:

  • “Laissez-faire capitalism (the system of natural liberty) secures only formal equality and rejects both the fair value of the equal political liberties and fair equality of opportunity.” (John Rawls)
  • “Market allocations must be corrected in order to bring some people closer to the share of resources they would have had but for these various differences of initial advantage, luck and inherent capacity.” (Ronald Dworkin)
  • “Desert as a principle of justice, then, rather than justifying the distributional consequences of free market choices, requires precisely the elimination, or at least the minimization, of the differential brute luck that characterizes the free market […]. The adoption of desert as a principle of justice seems to result in a much more demanding requirement, as far as its implications for the regulation of the market are concerned, than a commitment to voluntariness as a legitimating condition for the imposition of obligations, even when this is suitably revised so as to square up with a defensible account of voluntariness and force.” (Serena Olsaretti)

I could go on, but you get the point: the market generates luck-based inequalities and the state reduces them.

One problem with this argument is that you don’t clinch the luck egalitarian case against free markets by simply showing that they create luck-based inequalities. What you need to do is show that the alternative is better. To use an old analogy of mine, showing that Steph Curry misses over half of his three point shot attempts doesn’t justify benching Steph Curry. To justifiably bench Steph Curry, you’d need to show that his replacement would do better. Similarly, luck egalitarians need to show that a highly regulated market with extensive redistribution will have less luck-based inequality than a libertarian regime.

Here’s a reason for doubting that claim: those who benefit from inherited wealth, elite education, and natural talent in the market also benefit from those factors in politics. Put very roughly, political power will concentrate in the hands of the rich—the very people the political power was created to regulate and restrain. Thus, we might naturally expect such power to be used to increase rather than decrease the advantages of the rich.

Interestingly, this is Rawls’s own view. He says that a

“reason for controlling economic and social inequalities is to prevent one part of society from dominating the rest. When those two kinds of inequalities are large, they tend to support political inequality. As Mill said, the bases of political power are (educated) intelligence, property, and the power of combination, by which he meant the power to cooperate in pursuing one’s political interests. This power allows a few, in virtue of their control over the machinery of state, to enact a system of law and property that ensures their dominant position in the economy as a whole.”

By Rawls’s own lights, the rich will use their “(educated) intelligence, property, and the power of combination” to acquire political power and “enact a system of law and property that ensures their dominant position in the economy as a whole.” But now we can see a problem for Rawls’s view. The people that Rawls wants the state to control (those with property, education, and so on) are the same people that Rawls thinks control the state itself. So how can the state control the rich if the rich control the state? Shouldn’t we instead expect state intervention into the economy to favor the rich? Indeed, this is exactly what we see in many cases: subsidies, licensing, trade restrictions, housing regulations, and so on tend to benefit the rich at the expense of the poor.

Of course, we cannot definitively establish a conclusion about the effects of regulation and redistribution on luck-based inequalities by doing a priori institutional analysis. But at a minimum, luck egalitarians shouldn’t rule out libertarianism as a viable institutional option at the level of philosophical theory. Perhaps libertarianism and luck egalitarianism are compatible after all.

Originally published at Bleeding Heart Libertarians.