Justice

Edited by Christian Barry (Australian National University)
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  1. Towards a Minimal Conception of Transitional Justice.Valentina Gentile & Megan Foster - 2021 - International Theory 12 (1).
    Transitional Justice (TJ) focuses on the processes of dealing with the legacy of large-scale past abuses (in the aftermath of traumatic experiences such as war or authoritarianism) with the aim of fostering domestic justice and creating the basis for a sustainable peace. TJ however also entails the problem of how a torn society may be able to become a self-determining member of a just international order. This paper presents a minimal conception of TJ, which departs from Rawls' conception of normative (...)
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  2. A Critique of Philosophical Shamanism.Joshua M. Hall - 2022 - The Pluralist 17 (2):87-106.
    In this article, I critique two conceptions from the history of academic philosophy regarding academic philosophers as shamans, deriving more community-responsible criteria for any future versions. The first conception, drawing on Mircea Eliade’s Shamanism (1951), is a transcultural figure abstracted from concrete Siberian practitioners. The second, drawing on Chicana theorist Gloria Anzaldúa’s Borderlands/La Frontera (1987), balances Eliade’s excessive abstraction with Indigenous American philosophy’s emphasis on embodied materiality, but also overemphasizes genetic inheritance to the detriment of environmental embeddedness. I therefore conclude (...)
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  3. Between Market Failures and Justice Failures: Trade-Offs Between Efficiency and Equality in Business Ethics.Charlie Blunden - 2022 - Journal of Business Ethics 178 (3):647–660.
    The Market Failures Approach (MFA) is one of the leading theories in contemporary business ethics. It generates a list of ethical obligations for the managers of private firms that states that they should not create or exploit market failures because doing so reduces the efficiency of the economy. Recently the MFA has been criticised by Abraham Singer on the basis that it unjustifiably does not assign private managers obligations based on egalitarian values. Singer proposes an extension to the MFA, the (...)
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  4. Social Justice and Inclusion: Transwomen in Female Sport.Miroslav Imbrisevic - forthcoming - In Transwomen in Sport.
    There are two conceptions of ‘inclusion’ in play in this debate. 1. The traditional conception in sport: How does sport provide inclusion/exclusion? Through eligibility criteria. 2. The social justice conception: trans people must be included in all social endeavours/institutions, one of these being sport. In the latter ‘inclusion’ facilitates affirmation and validation of their gender identity. The question is: should sport take on this ‘social justice’ task?
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  5. Science, Trust and Justice: More Lessons From the Pandemic.Faik Kurtulmus - 2022 - Social Epistemology Review and Reply Collective 11 (6):11-17.
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  6. The Fetish of Artificial Intelligence. In Response to Iason Gabriel’s “Towards a Theory of Justice for Artificial Intelligence”.Albert Efimov - forthcoming - Philosophy Science.
    The article presents the grounds for defining the fetish of artificial intelligence (AI). The fundamental differences of AI from all previous technological innovations are highlighted, as primarily related to the introduction into the human cognitive sphere and fundamentally new uncontrolled consequences for society. Convincing arguments are presented that the leaders of the globalist project are the main beneficiaries of the AI fetish. This is clearly manifested in the works of philosophers close to big technology corporations and their mega-projects. It is (...)
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  7. Solar Radiation Management and Comparative Climate Justice.Toby Svoboda - 2016 - In Christopher Preston (ed.), Climate Justice and Geoengineering: Ethics and Policy in the Atmospheric Anthropocene. pp. 3-14.
    In line with Christopher Preston’s argument in the introduction to this volume, I argue here that, although it is helpful to identify potential injustices associated with SRM, it is also crucial both to evaluate how SRM compares to other available options and to consider empirical conditions under which deployment might occur. In arguing for this view, I rely on a distinction between two types of question: (1) whether SRM would produce just or unjust outcomes in some case and (2) whether (...)
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  8. Should We Open Borders? Yes, but Not in the Name of Global Justice.Borja Niño Arnaiz - 2022 - Ethics and Global Politics 15 (2):55-68.
    Some proponents of global justice question that opening borders is an effective strategy to alleviate global poverty and reduce inequalities between countries. This article goes a step further and asks whether an open borders policy is compatible with the objectives of global distributive justice. The latter, it will be argued, entails the ordering of needs, the assignment of priorities and the preference or subordination of some interests over others. In other words, global justice requires the establishment of conditions and restrictions (...)
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  9. AI Decision Making with Dignity? Contrasting Workers’ Justice Perceptions of Human and AI Decision Making in a Human Resource Management Context.Sarah Bankins, Paul Formosa, Yannick Griep & Deborah Richards - forthcoming - Information Systems Frontiers.
    Using artificial intelligence (AI) to make decisions in human resource management (HRM) raises questions of how fair employees perceive these decisions to be and whether they experience respectful treatment (i.e., interactional justice). In this experimental survey study with open-ended qualitative questions, we examine decision making in six HRM functions and manipulate the decision maker (AI or human) and decision valence (positive or negative) to determine their impact on individuals’ experiences of interactional justice, trust, dehumanization, and perceptions of decision-maker role appropriate- (...)
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  10. On the Relationship Between Global Justice and Global Democracy: A Three-Layered View.Erman Eva - forthcoming - Ethics and International Affairs.
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  11. On Justice as Dance.Joshua Hall - 2021 - Eidos. A Journal for Philosophy of Culture 5 (4):62-78.
    This article is part of a larger project that explores how to channel people’s passion for popular arts into legal social justice by reconceiving law as a kind of poetry and justice as dance, and exploring different possible relationships between said legal poetry and dancing justice. I begin by rehearsing my previous new conception of social justice as organismic empowerment, and my interpretive method of dancing-with. I then apply this method to the following four “ethico-political choreographies of justice”: the choral (...)
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  12. Hume's Account of the Scope of Justice.Ian Cruise - 2020 - Hume Studies 46 (1):101-119.
    Hume’s account of the scope of justice, many think, is implausibly narrow, apply- ing almost exclusively to respect for property rights. Such a view would indeed be highly objectionable because it would leave out of the scope of justice altogether requirements to keep our promises, obey the law, and refrain from threats and violence (among many others). I argue that Hume’s theory of justice, properly understood, avoids this objection. And seeing how is instructive because once we understand his account correctly, (...)
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  13. W.E.B. Du Bois’s Constructivist Theory of Justice.Elvira Basevich - 2021 - Journal of Moral Philosophy 19 (2):170-195.
    This essay presents the normative foundation of W.E.B. Du Bois’s constructivist theory of justice in three steps. First, I show that for Du Bois the public sphere in Anglo-European modern states consists of a dialectical interplay between reasonable persons and illiberal rogues. Second, under these nonideal circumstances, the ideal of autonomy grounds reasonable persons’ deliberative openness, an attitude of public moral regard for others which is necessary for constructing the terms of political rule. Though deliberative openness is the essential vehicle (...)
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  14. Dewey and Leopold on the Limits of Environmental Justice.Shane J. Ralston - 2009 - Philosophical Frontiers 4.
    Environmental justice refers to many things: a global activist movement, local groups that struggle to redress the inequitable distribution of environmental goods (and bads), especially as they affect minority communities, as well as a vast body of interdisciplinary scholarship documenting and motivating these movements. In the past three decades, scholarly debates over what environmental justice requires have been dominated by a discourse of rights.
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  15. Deweyan Pragmatism and the Challenge of Institutionalizing Justice Under Transitional Circumstances.Shane J. Ralston - 2021 - Eidos: Revista de Filosofía de la Universidad Del Norte 31 (1):78-110.
    For the past thirty years, the Transitional Justice (TJ) research program has been undergoing a period of transition, simultaneously expanding and consolidating; in one sense, expanding its scope to encompass the measurement of TJ’s impact and the redefinition of ‘transitional’ to include societies afflicted by deep social and economic injustice; and in a second sense, consolidating its practical approach to promoting democracy and peace by developing best practices for institutionalizing TJ. While there have been advances in designing new TJ mechanisms (...)
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  16. Do Ethical Leaders Enhance Employee Ethical Behaviors Organizational Justice and Ethical Climate as Dual Mediators and Leader Moral Attentiveness as a Moderator--Evidence From Iraq's Emerging Market.Hussam Al Halbusi - 2022 - Asian Journal of Business Ethics 4 (143):1-31.
    Corruption devours profts, people, and the planet. Ethical leaders promote ethical behaviors. We develop a frst-stage moderated mediation theoretical model, explore the intricate relationships between ethical leadership (member rated, Time 1) and employee ethical behaviors (leader rated, Time 3), and treat ethical climate and organizational justice (member rated,Time 2) as dual mediators and leaders’ moral attentiveness (leader rated, Time 3) as a moderator. We investigate leadership from two perspectives—leaders’ self-evaluation of moral attentiveness and members’ perceptions of ethical leadership. We theorize: (...)
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  17. A Market Failures Approach to Justice in Health.L. Chad Horne & Joseph Heath - 2022 - Politics, Philosophy and Economics 21 (2):165-189.
    Politics, Philosophy & Economics, Volume 21, Issue 2, Page 165-189, May 2022. It is generally acknowledged that a certain amount of state intervention in health and health care is needed to address the significant market failures in these sectors; however, it is also thought that the primary rationale for state involvement in health must lie elsewhere, for example in an egalitarian commitment to equalizing access to health care for all citizens. This paper argues that a complete theory of justice in (...)
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  18. Le principe de neutralité comme justification des exemptions religieuses.Karel J. Leyva - 2021 - Theologiques 29 (1):215-241.
    Supporters of neutrality as benign neglect argue that a neutral state should not grant any type of recognition to cultural or religious groups. Liberal multiculturalists argue instead that due to the non-neutral nature of public institutions, democratic states must adopt policies that recognize and accommodate the distinctive needs of ethnocultural groups. This article examines a different way of conceiving the principle of neutrality. In this conception, developed by Alan Patten in the framework of liberal multiculturalism, a state can only be (...)
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  19. Enfranchising the Future: Climate Justice and the Representation of Future Generations.Inigo Gonzalez-Ricoy - 2019 - Wiley Interdisciplinary Reviews: Climate Change 10 (5):e598.
    Representing unborn generations to more suitably include future interests in today's climate policymaking has sparked much interest in recent years. In this review we survey the main proposed instruments to achieve this effect, some of which have been attempted in polities such as Israel, Philippines, Wales, Finland, and Chile. We first review recent normative work on the idea of representing future people in climate governance: The grounds on which it has been advocated, and the main difficulties that traditional forms of (...)
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  20. Global Justice.James Christensen - 2020 - London, UK: Bloomsbury.
    Do we have moral duties to people in distant parts of the world? If so, how demanding are these duties? And how can they be reconciled with our obligations to fellow citizens? -/- Every year, millions of people die from poverty-related causes while countless others are forced to flee their homes to escape from war and oppression. At the same time, many of us live comfortably in safe and prosperous democracies. Yet our lives are bound up with those of the (...)
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  21. Egalitarian Aristotelianism: Common Interest, Justice, and the Art of Politics.Eleni Leontsini - 2021 - Φιλοσοφία 1 (51):171-186.
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  22. Precis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):120-125.
    Précis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice (2022).
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  23. The Nomination of an African American Woman to SCOTUS Is More Than a Promise.Vicente Medina - 2022 - Prindle Post.
    I will argue that President Biden has not only the right to nominate an African American woman for SCOTUS, but, if he chooses a suitable candidate, he will be doing a great service to our country.
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  24. Reproductive Embryo Editing: Attending to Justice.Inmaculada de Melo-Martin - forthcoming - Hastings Center Report.
    The use of genome embryo editing tools in reproduction is often touted as a way to ensure the birth of healthy and genetically related children. Many would agree that this is a worthy goal. The purpose of this paper is to argue that, if we are concerned with justice, accepting such goal as morally appropriate commits one to rejecting the development of embryo editing for reproductive purposes. This is so because safer and more effective means exist that can allow many (...)
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  25. The Ethics of Alternative Currencies.Louis Larue, Camille Meyer, Marek Hudon & Joakim Sandberg - 2022 - Business Ethics Quarterly 32 (2):299 - 321.
    Alternative currencies are means of payment that circulate alongside—as an alternative or complement to—official currencies. While these currencies have existed for a long time, both society and academia have shown a renewed interest in their potential to decentralize the governance of monetary affairs and to bring people and organizations together in more ethical or sustainable ways. This article is a review of the ethical and philosophical implications of these alternative monetary projects. We first discuss various classifications of these currencies before (...)
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  26. Kant's Rational Freedom: Positive and Negative Peace.Casey Rentmeester - 2022 - In Peaceful Approaches for a More Peaceful World. Leiden, Netherlands: pp. 230-238.
    World peace was a common theoretical consideration among philosophers during Europe’s Enlightenment period. The first robust essay on peace was written by Charles Irénée Castel de Saint- Pierre, which sparked an intellectual debate among prominent philosophers like Jean- Jacques Rousseau and Jeremy Bentham, who offered their own treatises on the concept of peace. Perhaps the most influential of all such writings comes from Immanuel Kant, who argues that world peace is no “high- flown or exaggerated notion” but rather a natural (...)
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  27. Why Migration Justice Still Requires Open Borders.Alex Sager - forthcoming - Journal of Applied Philosophy.
    I revisit themes from Against Borders: Why the World Needs Free Movement of People(2020) in dialogue with Gillian Brock’s Justice of People on the Move(2020) and Sarah Song’sImmigration and Democracy (2019). We share the conviction that current border regimes are deeply unjust but differ in what migration justice requires. Brock and Song continue to give states significant discretion to exclude people from entering and settling in their territories, whereas I contend that migration justice demands open borders. I reject the claim (...)
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  28. Who Pays Attention to the Moral Aspects? Role of Organizational Justice and Moral Attentiveness in Leveraging Ethical Behavior.Hussam Al Halbusi - 2022 - International Journal of Ethics and Systems 38:1-23.
    Purpose – Although there have been several studies on corporate justice and employee ethical behavior, little is known about the conditions in which this link develops. The purpose of this study is to investigate the direct effect of organizational justice and moral attentiveness toward employee ethical behavior. Importantly, this study also considers the moderating role of moral attentiveness on the links between organizational justice and employee ethical behavior. -/- Design/methodology/approach – The data was collected from 350 employees who were assessed (...)
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  29. Infeasibility as a Normative Argument‐Stopper: The Case of Open Borders.Nicholas Southwood & Robert E. Goodin - 2021 - European Journal of Philosophy 29 (4):965-987.
    The open borders view is frequently dismissed for making infeasible demands. This is a potent strategy. Unlike normative arguments regarding open borders, which tend to be relatively intractable, the charge of infeasibility is supposed to operate as what we call a "normative argument-stopper." Nonetheless, we argue that the strategy fails. Bringing about open borders is perfectly feasible on the most plausible account of feasibility. We consider and reject what we take to be the only three credible ways to save the (...)
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  30. An Islamic Philosophical Response to the Israeli-Palestinian Conflict: Justice, Mercy, and the Prophet.Saja Parvizian - manuscript
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  31. Against Social Justice, For Social Mercy.Saja Parvizian -
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  32. The Aims of Restorative Justice.David Chelsom Vogt - 2012 - In Jørn Jacobsen and Linda Gröning (ed.), Restorative Justice and Criminal Law. Stockholm, Sverige:
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  33. Justice in Epistemic Gaps: The ‘Proof Paradox’ Revisited.Lewis Ross - 2021 - Philosophical Issues 31 (1):315-333.
    This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.
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  34. Do direito de ser homem: da alienação da desigualdade social à autonomia da sociedade igualitária na teoria política de Jean-Jacques Rousseau.Luiz Carlos Mariano da Rosa - 2014 - PRACS: Revista Eletrônica de Humanidades Do Curso de Ciências Sociais da UNIFAP 7 (2):109-133.
    Investigando a desigualdade da societé civile da sua época, Rousseau, se lhe contrapondo através do Discurso sobre a origem e os fundamentos da desigualdade entre os homens, não identifica a sua emergência senão em um pacto iníquo (ilegítimo), que se impõe em função da propriedade privada e da divisão do trabalho e instaura uma organização que converge para a alienação, caracterizando-se o Contrato Social como um pacto legítimo que guarda capacidade de assegurar a constituição de uma sociedade igualitária e uma (...)
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  35. Stability, Autonomy, and the Foundations of Political Liberalism.Anthony Taylor - 2022 - Law and Philosophy:1-28.
    An attractive form of social stability is realized when the members of a well-ordered society give that society’s organizing principles their free and reflective endorsement. However, many political philosophers are skeptical that there is any requirement to show that their principles would engender this kind of stability. This skepticism is at the root of a number of objections to political liberalism, since arguments for political liberalism often appeal to its ability to be stable in this way. The aim of this (...)
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  36. Abolish! Against the Use of Risk Assessment Algorithms at Sentencing in the US Criminal Justice System.Katia Schwerzmann - 2021 - Philosophy and Technology 1:1-22.
    In this article, I show why it is necessary to abolish the use of predictive algorithms in the US criminal justice system at sentencing. After presenting the functioning of these algorithms in their context of emergence, I offer three arguments to demonstrate why their abolition is imperative. First, I show that sentencing based on predictive algorithms induces a process of rewriting the temporality of the judged individual, flattening their life into a present inescapably doomed by its past. Second, I demonstrate (...)
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  37. Truth and Reparation for the U.S. Imprisonment and Policing Regime: A Transitional Justice Perspective.Jennifer M. Page & Desmond King - forthcoming - Du Bois Review: Social Science Research on Race:1-23.
    In the literature on transitional justice, there is disagreement about whether countries like the United States can be characterized as transitional societies. Though it is widely recognized that transitional justice mechanisms such as truth commissions and reparations can be used by Global North nations to address racial injustice, some consider societies to be transitional only when they are undergoing a formal democratic regime change. We conceptualize the political situation of low-income Black communities under the U.S. imprisonment and policing regime in (...)
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  38. Domingo de Soto on Doubts, Presumptions, and Noncomparative Justice.Andreas Blank - 2015 - History of Philosophy Quarterly 32 (1):1-18.
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  39. The Philosophical Legacy of Charles Mills.Elvira Basevich - 2021 - The Philosopher Magazine 109 (4):73-77.
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  40. Can Conceptual Engineering Actually Promote Social Justice?Paul-Mikhail Catapang Podosky - 2022 - Synthese 200 (2).
    This paper explores the question: What would conceptual engineering have to be in order to promote social justice? Specifically, it argues that to promote social justice, conceptual engineering must deliver the following: it needs to be possible to deliberately implement a conceptual engineering proposal in large communities; it needs to be possible for a conceptual engineering proposal to bring about change to extant social categories; it needs to be possible to bring a population to adopt a conceptual engineering proposal for (...)
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  41. Da Vontade Geral como Poder de Fato e Poder de Direito: do exercício da soberania popular entre a unidade multíplice da sociedade (Unitas Ordinis) e a totalidade Político-Jurídica e Econômico-Social do Estado.Luiz Carlos Mariano da Rosa - 2020 - Cadernos de Direito 19 (36):3-25.
    Ancorada na teoria de Rousseau, uma pesquisa assinala que, consistindo na condição sine qua non para o exercício da soberania popular em uma construção que converge para as fronteiras que encerram a Constituição e o Estado, a Vontade Geral envolve uma possibili-dade de articulação da totalidade dos homens enquanto desejamos em sua concreticidade histórico-cultural e econômico-social, o que implica uma universalidade concreta, que advém do conjunto de vontades e fato econômico que caracterizam uma sociedade e dinâmica das relações intersubjetivas. Dessa (...)
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  42. The Agents of Justice.Colin Hickey, Tim Meijers, Ingrid Robeyns & Dick Timmer - forthcoming - Philosophy Compass.
    The complexities of how justice comes to be realized, and by which agents, is a relatively neglected element in contemporary theories of justice. This has left several crucial questions about agency and justice undertheorized, such as why some particular agents are responsible for realizing justice, how their contribution towards realizing justice should be understood, and what role agents such as activists and community leaders play in realizing justice. We aim to contribute towards a better understanding of the landscape of these (...)
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  43. Public Trust, Institutional Legitimacy, and the Use of Algorithms in Criminal Justice.Duncan Purves & Jeremy Davis - forthcoming - Public Affairs Quarterly.
    A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public trust in grounding (...)
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  44. Literary Interventions in Justice: A Symposium.Kate Kirkpatrick, Rafe McGregor & Karen Simecek - 2021 - Estetika: The European Journal of Aesthetics 58 (2):160-78.
    The purpose of this symposium is to explore the ways in which literature, broadly construed to include poetry and narrative in a variety of modes of representation, can change the world by providing interventions in justice. Our approach foregrounds the relationship between the activity demanded by some individual literary works and some categories of literary work on the one hand and the way in which those works can make a tangible difference to social reality on the other. We consider three (...)
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  45. 'Law and Justice Among the Socratics: Contexts for Plato's Republic'.Phillip Sidney Horky - 2021 - Polis 38 (3):399-419.
    At the beginning of Republic 2 (358e–359b), Plato has Glaucon ascribe a social contract theory to Thrasymachus and ‘countless others’. This paper takes Glaucon’s description to refer both within the text to Thrasymachus’ views, and outside the text to a series of works, most of which have been lost, On Justice or On Law. It examines what is likely to be the earliest surviving work that presents a philosophical defence of law and justice against those who would prefer their opposites, (...)
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  46. Rechoreographing Homonymous Partners: Rancière’s Dance Education with Loïe Fuller.Joshua M. Hall - forthcoming - Journal of Aesthetic Education.
    Contemporary philosopher Jacques Rancière has been criticized for a concept of “politics” that is insensitive to the diminished agency of the corporeally oppressed. In a recent article, Dana Mills locates a solution to this alleged problem in Rancière most recent book translated into English, Aisthesis, in its chapter on Mallarmé’s writings on modern dancer Loïe Fuller. My first section argues that Mills’ reading exacerbates an “homonymy” (Rancière’s term) in Rancière’s use of the word “inscription,” which means for him either a (...)
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  47. Is the Beneficiary Pays Principle Essential in Climate Justice?Clare Heyward - 2021 - Norsk Filosofisk Tidsskrift 56 (2-3):125-136.
    The United Nations Framework Convention on Climate Change principle of ‘common but differentiated responsibility’ admits many interpretations. In the philosophical literature on climate justice, it has typically been cashed out in terms of the following three principles: the ability to pay principle (APP), the beneficiary pays principle (BPP), and the contribution to problem principle (CPP). Many of these accounts have given prominence to the CPP and APP, but there are some who argue that the BPP deserves greater consideration. In this (...)
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  48. Distributive Justice in Postcolonial Studies.Daniel Butt - 2018 - In Patrick Savidan (ed.), Dictionnaire des inégalités et de la justice sociale. Paris, France:
    This is the English version of the article, originally published in French as "Justice Postcoloniale" [Postcolonial justice].
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  49. Cognitive Disability and Social Inequality.Linda Barclay - forthcoming - Social Theory and Practice:1-30.
    Individuals with what are usually referred to as ‘profound’ or ‘severe’ cognitive disabilities are primarily discussed in philosophy and bioethics to determine their moral status. Nothing approaching a consensus view has emerged from this intractable debate. In this paper it is argued that theories of moral status have limited relevance to the unjust ways in which people with cognitive disabilities are routinely treated in the actual world. To address these injustices we need to focus much more on neglected issues of (...)
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  50. The Role of Philosophers in Climate Change.Eugene Chislenko - forthcoming - Journal of the American Philosophical Association:1-19.
    Some conceptions of the role of philosophers in climate change focus mainly on theoretical progress in philosophy, or on philosophers as individual citizens. Against these views, I defend a Skill View: philosophers should use our characteristic skills as philosophers to combat climate change by integrating it into our teaching, research, service, and community engagement. A focus on theoretical progress, citizenship, expertise, virtue, ability, social role, or power, rather than on skill, can allow for some of these contributions. But the Skill (...)
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