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How does the operation of PHARMAC's 'Community Exceptional ...

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equity. <strong>How</strong>ever, despite <strong>the</strong> fact that Sen’s ideas <strong>of</strong> justice are influenced by<br />

Rawls, on this point Sen placed himself among <strong>the</strong> critics <strong>of</strong> Rawls.<br />

The hypo<strong>the</strong>tical social agreement forged under Rawls’ veil <strong>of</strong> ignorance bore<br />

no regard for <strong>the</strong> outcomes <strong>of</strong> decisions from such social agreement. According<br />

to Sen, Rawls took no account <strong>of</strong> <strong>the</strong> position <strong>of</strong> relative privilege in American<br />

society and did not discuss under-privilege or prejudice in his <strong>the</strong>ory. Sen’s<br />

upbringing in India has drawn this point into focus and he argued that merely<br />

contending that <strong>the</strong>se negative externalities (under-privilege or prejudice) are<br />

eliminated under <strong>the</strong> veil cannot ensure <strong>the</strong> true application <strong>of</strong> <strong>the</strong> principles <strong>of</strong><br />

distributive justice.<br />

Sen challenged Rawls’ utopian proposition that agreement will always be<br />

reached by participants <strong>of</strong> <strong>the</strong> thought experiment. Sen’s consequentialist side<br />

asserted that what really happens to people in life under <strong>the</strong> veil cannot simply<br />

be ignored.<br />

While Rawls placed liberty as a top priority, Sen believed that <strong>the</strong>re are o<strong>the</strong>r<br />

equally important priorities which should not necessarily be submerged under<br />

liberty. On this point, Sen presented <strong>the</strong> examples <strong>of</strong> <strong>the</strong> value <strong>of</strong> free<br />

association, safety, food and shelter, property rights or access to medical care.<br />

This is perhaps Sen’s most significant advancement <strong>of</strong> Rawls’ <strong>the</strong>ory <strong>of</strong> justice.<br />

Sen asserted that, even though Rawls did not mention health in his index <strong>of</strong><br />

primary goods, good health is <strong>the</strong> capacity which underlies our ability to utilise<br />

primary goods. Sen believed that concerns about equality must not only focus<br />

on just distributions <strong>of</strong> <strong>the</strong>se primary goods and benefits, but should also focus<br />

on giving people an equal share <strong>of</strong> capabilities to take advantage <strong>of</strong> what Rawls<br />

describes as primary goods and freedoms (Daniels, 2008).<br />

What really mattered to Sen was that people have <strong>the</strong> capability to enjoy equal<br />

distributions <strong>of</strong> Rawls’ index. He insists people with disabilities, illnesses, lack<br />

<strong>of</strong> opportunities for education, no access to employment; <strong>the</strong> victims <strong>of</strong><br />

prejudice and discrimination, poor housing, a lack <strong>of</strong> public health or nutrition<br />

have less freedom to enjoy an equal index <strong>of</strong> primary goods.<br />

Interestingly Marmot (2006) claimed <strong>the</strong> converse also to be true: that an<br />

inability to do <strong>the</strong> things one had reason to value leads to health inequalities<br />

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