UCLA School of Law

Many contemporary egalitarians advocate principles of resource distribution that are neutral with respect to luck but that compel individuals to internalize the costs of their truly voluntary choices. However, this requirement of choice-sensitivity conflicts with many legal and social practices of accommodation. While choice-sensitivity is generally permissible, thorough-going choice-sensitivity should not be an ideal of egalitarianism. In the context of a cooperative social enterprise, the important freedom to respond directly to certain reasons and values is compromised by choice-sensitivity in certain domains. Accommodation that violates choice sensitivity often facilitates this freedom.