Prenatal Equality of Opportunity
ESZTER KOLLAR & MICHELE LOI
ABSTRACT In this article, we defend a normative theory of prenatal equality of opportunity,
based on a critical revision of Rawls’s principle of fair equality of opportunity (FEO).We argue
that if natural endowments are defined as biological properties possessed at birth and the
distribution of natural endowments is seen as beyond the scope of justice, Rawls’s FEO allows for
inequalities that undermine the social conditions of a property-owning democracy.We show this
by considering the foetal programming of disease and the possibility of germ-line modifications.
If children of lower socioeconomic background are more likely to develop in a poor foetal
environment and germ-line enhancements are available only to the rich, initial inequalities
between the rich and the poor would grow, and yet FEO would be satisfied. In order to avoid the
problem, we propose a revised FEO principle omitting any reference to the comparison of natural
endowments. Our revised FEO requires that institutions mitigate social class effect from repro-
duction and gestation to the greatest extent compatible with parental freedoms and the value of
the family.
1. Introduction
In this article, we defend a normative theory of prenatal equality of opportunity, based
on a critical revision of Rawls’s principle of fair equality of opportunity (FEO).We argue
that if natural endowments are defined as biological properties possessed at birth and the
distribution of natural endowments is seen as beyond the scope of justice, Rawls’s FEO
has problematic implications for the overall coherence of his theory. Our argument rests
on three premises:
(1) If natural endowments are defined as biological properties possessed at birth or
conception, institutions that fully comply with FEO allow social inequalities to
influence the distribution of natural endowments.
(2) If children of lower socioeconomic background are more likely to develop in a poor
foetal environment and germ-line enhancements are available only to the rich,
natural inequalities would grow and yet FEO would be satisfied.
(3) If social inequalities can influence the distribution of natural endowments that are
beyond the scope of justice, they may give rise to excessive inequalities over time.
The biological transmission of social advantage in the prenatal phase of life under-
mines the tendency to equality and the social conditions of a property-owning
democracy.
We conclude that in order to avoid this problem FEO needs to be revised omitting any
reference to the comparison of natural endowments. This has practical implications for
the design of institutions. Our revised FEO is realised when social institutions mitigate
Journal of Applied Philosophy
doi: 10.1111/japp.12067
© Society for Applied Philosophy, 2014, John Wiley & Sons Ltd, 9600 Garsington Road, Oxford, OX4 2DQ, UK and 350 Main
Street, Malden, MA 02148, USA.