Public justification, gender, and the family

Social norms regulating carework and social reproduction tend to be inegalitarian. At the same time, such norms often play a crucial role when we plan our lives. How can we criticise objectionable practices while ensuring that people can organise their lives around meaningful and predictable rules? Gerald Gaus argues that only 'publicly justified' rules, rules that everyone would prefer over 'blameless liberty,' should be followed. In this paper, we uncover the inegalitarian implications of this feature of Gaus's framework. We show that because a society without clear social norms for how social reproduction and care work ought to be organised would be so unattractive, inegalitarian rules would pass Gaus's test They would pass this test since they would nevertheless be better than 'blameless liberty.' Those who are disproportionately burdened by a rule are faced with the daunting task of showing that they would be better off under no rule, instead of merely having to show that they would be better off with a different rule.