Justice

(Early) Modern social contract theories reject the idea that legal and political institutions are grounded in an alleged natural ordering or hierarchy of human beings, and instead argue that only government by a public (and not private) authority can fulfil the idea of justice as freedom and equality for all. To be authoritative and not just powerful, governing institutions must be shared as ours in this irreducible sense. I first outline how Kant’s ideal account of rightful freedom brilliantly transforms this (...) tradition as found in the works of Hobbes, Locke, and Rousseau, before proposing a way to see Kant’s two-layered non-ideal theory—his accounts of human nature (“moral anthropology”) and historical societies (“the principle of politics”)—as complementing his ideal theory of rightful freedom. This enables us to envision a conception not only of rightful external freedom but of rightful human freedom in particular societies—with their histories—on planet Earth. With these arguments at hand, we can also better appreciate the importance of realizing that the four possible political conditions for Kant—anarchy, barbarism, despotism, and republic—are ideas of reason, which means that they are never perfectly realized. Hence, historical societies we are not either in the state of nature or in civil society. In addition, in historical societies founded on principles of freedom, there are pockets of injustice or pockets that are devoid of justice that can only be captured by means of one of the three political ideas that are not constitutive of the republican legal-political framework. Kant’s four ideas therefore give us more tools with which to capture the nature of different political forces and challenges facing us in our historical societies. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...) Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on the (...) influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

Almost everyone believes that freedom from deprivation should have significant weight in specifying what justice between generations requires. Some theorists hold that it should always trump other distributive concerns. Other theorists hold that it should have some but not lexical priority. I argue instead that freedom from deprivation should have lexical priority in some cases, yet weighted priority in others. More specifically, I defend semi-strong sufficientarianism. This view posits a deprivation threshold at which people are free from deprivation, and an (...) affluence threshold at which people can live an affluent life, even though their lives may be even further improved beyond that point. I argue that freedom from deprivation in one generation lexically outweighs providing affluence in another generation; in all other cases, freedom from deprivation does not have lexical priority. (shrink)

Public reason liberalism is the political theory which holds that coercive laws and policies are justified when and only when they are grounded in reasons of the public. The standard interpretation of public reason liberalism, consensus accounts, claim that the reasons persons share or that persons can derive from shared values determine which policies can be justified. In this paper, I argue that consensus approaches cannot justify fair educational policies and preserving cultural goods. Consensus approaches can resolve some controversies about (...) teaching values in the educational system, such as curriculum choice. But they cannot determine which culture goods, e.g., architecture, artwork, or language ought to be preserved in the education system. Consensus approaches cannot fairly resolve competing claims about these kinds of disputes. -/- I propose that convergence accounts of public reason, which allow individuals to draw on their own comprehensive doctrines in limited ways, can remedy these weaknesses in the mainline public reason tradition. The convergence approach can justify a pluralist state that can advance valuable community goods. John Henry Newman’s advocacy of liberal arts education finds resonance in other cultures, notably among Confucians, illustrating that there can be a shared moral vision and inquiry into the good life across deep substantive disagreements about educational values and policies, once we expand our notion of justification to be more inclusive. (shrink)

In this paper, I examine John Rawls’ claim in the first edition of A Theory of Justice that Justice as Fairness cannot include considerations about the environment and non-human animals. The paper aims to resolve the tension in this statement, as the idea of a Rawlsian well-ordered society without concern for the rest of nature presents as a contradiction. Through a more charitable reading of Rawlsian theory that borrows from anti-capitalist and environmental justice frameworks, we can see how Rawlsian justice (...) connects tightly to these issues. I conclude that the Rawlsian well-ordered society must be committed to anti-capitalist environmental justice. (shrink)

Emotion recognition systems (ERS) offer the ability to identify the emotions of others, based on an analysis of their facial expressions and regardless of culture, ethnicity, context, gender or social class. By claiming universalism in the expression as well as in the recognition of emotions, we believe that ERS present significant risks of causing great harm to some individuals, in addition to targeting, in some contexts, specific social groups. Drawing on a wide range of multidisciplinary knowledge - including philosophy, psychology, (...) computer science and anthropology - this research project aims to identify the current limitations of ERS and the main risks that their use brings, with the goal of providing a clear and robust analysis of the use of ERS and their contribution to greater social justice. Pointing to technical limitations, we refute, on the one hand, the idea that ERS are able to prove the causal link between specific emotions and specific facial expressions. We support our argument with evidence of the inability of ERS to distinguish facial expressions of emotions from facial expressions as communication signals. On the other hand, due to the contextual and cultural limitations of current ERS, we refute the idea that ERS are able to recognise, with equal performance, the emotions of individuals, regardless of their culture, ethnicity, gender and social class. Our ethical analysis shows that the risks are considerably more numerous and important than the benefits that could be derived from using ERS. However, we have separated out a specific type of ERS, whose use is limited to the field of care, and which shows a remarkable potential to actively participate in social justice, not only by complying with the minimum requirements, but also by meeting the criterion of beneficence. While ERS currently pose significant risks, it is possible to consider the potential for specific types to participate in social justice and provide emotional and psychological support and assistance to certain members of society. (shrink)

This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents.

In this paper, I assess critically the recent debate on corrective duties across moral and legal philosophy. Two prominent positions have emerged: the Kantian rights-based view (holding that what triggers corrections is a failure to respect others' right to freedom) and the so-called continuity view (correcting means attempting to do what one was supposed to do before). Neither position, I try to show, offers a satisfactory explanation of the ground (why correct?) and content (how to correct?) of corrective duties. In (...) the final section, I suggest that it is probably better to restrict the label “corrective duties” to duties generated by interpersonal wronging. (shrink)

The application of Artificial Intelligence (AI) in healthcare and epidemiology undoubtedly has many benefits for the population. However, due to its environmental impact, the use of AI can produce social inequalities and long-term environmental damages that may not be thoroughly contemplated. In this paper, we propose to consider the impacts of AI applications in medical care from the One Health paradigm and long-term global health. From health and environmental justice, rather than settling for a short and fleeting green honeymoon between (...) health and sustainability caused by AI, it should aim for a lasting marriage. To this end, we conclude by proposing that, in the upcoming years, it could be valuable and necessary to promote more interconnected health, call for environmental cost transparency, and increase green responsibility. (shrink)

Limitarianism holds that there is an upper limit to how many resources, such as wealth and income, people can permissibly have. In this article, I examine the conceptual structure of limitarianism. I focus on the upper limit and the idea that resources above the limit are ‘excess resources’. I distinguish two possible limitarian views about such resources: (i) that excess resources have zero moral value for the holder; and (ii) that excess resources do have moral value for the holder but (...) that their claim to such resources is outweighed by other normative concerns. Moreover, I argue that, depending on the values limitarianism seeks to promote, limitarians should care about the number of people with excess resources or the total amount of excess resources (or both), that they can adopt redistributive measures and/or predistributive measures, and that some versions of limitarianism should take into account the distribution of risk among those above the riches line. (shrink)

Human rights and restorative justice are rarely brought under the same spotlight despite their normative similarities. In fact, this gap becomes even more apparent when put in the context of policy and practice internationally. Firstly, there is a developing gap between public perception and evidence-based depiction of crime. Secondly, scholarly debates are rarely reflected in criminal justice policy and legislation. This failure has an impact on recidivism, the spiralling costs of penal interventions, but most importantly on how we view our (...) interpersonal and inter-communal relationships. -/- This unique collection of papers brings together international leading experts in human rights and restorative justice to address a gap in the literature. From reconstructing and restorative human rights for restorative justice to addressing issues such as the standardisation of restorative justice, this edited volume is a must read for researchers, practitioners and campaigners. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

Relational egalitarians claim that a situation is just only if everyone it involves relates to one another as equals. It implies that relational egalitarians believe the ideal of “living as equals” (for short) is desirable, and furthermore, necessary for justice. In this paper, I distinguish three accounts of the desirability of the ideal: the instrumental value account, the non‐instrumental value account, and the non‐consequentialist account. I argue that the former two accounts cannot provide satisfying reasons for being a relational egalitarian. (...) Instead, the ideal of “living as equals” ought to be understood as fundamentally a moral requirement in a non‐consequentialist sense. In addition, a pluralist (though fundamentally non‐consequentialist) approach is welcome. (shrink)

This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. -/- Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and (...) improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. -/- This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world. (shrink)

Herjeet Kaur Marway recently proposed the Principle of Procreative Justice, which says that reproducers have a strong moral obligation to avoid completing race and colour injustices through their selection choices. In this article, we analyze this principle and argue, appealing to a series of counterexamples, that some of the implications of Marway's Principle of Procreative Justice are difficult to accept. This casts doubt on whether the principle should be adopted. Also, we show that there are some more principled worries regarding (...) Marway's idea of a strong pro tanto duty not to complete injustices through one's procreative choices. Nonetheless, we believe Marway's arguments point in the right general direction regarding duties and structural injustice. Thus, in the final part, we suggest a positive proposal on how it would be possible to respond to the cases we raise. More specifically, we explore the suggestion that agents have a pro tanto duty to participate in eliminating structural injustice. Importantly, this duty can be satisfied, not only in procreation choices but in multiple ways. (shrink)

How should we think about public rioting for political ends? Might it ever be more than morally excusable behavior? In this essay, I show how political rioting can sometimes be positively morally justified as an intermediate defensive harm in between civilly disobedient protest and political revolution. I do so by reading political rioters as, at the same time, uncivil and ultimately conciliatory with their state. Unlike civilly disobedient protestors, political rioters express a lack of faith in the value or applicability (...) of civility in interacting with the state under the political status quo. But unlike political revolutionaries who aim at separation from the state, political rioters paradigmatically seek fuller inclusion within it. By rejecting even the appearance of compliance with the political status quo’s systems of justice, political rioters can create a unique venue for systemically marginalized citizens to express warranted disrespect for the state that maintains them in ongoing subjection, as well as their inviolable respect for themselves as persons with dignity beyond the boundaries of civility. (shrink)

Avia Pasternak’s account of permissible political rioting includes a constraint that insists only oppressed citizens, and not privileged citizens, are permitted to riot when rioting is justified. This discussion note argues that Pasternak’s account, with which I largely agree, should be expanded to admit the permissibility of privileged citizens rioting alongside and in solidarity with oppressed citizens. The permissibility of privileged citizens participating in riots when rioting is justified is grounded in the notions that it is sometimes necessary, in accordance (...) with Pasternak’s necessity condition, and that it will oftentimes substantially improve the chances of successfully achieving the just aims the rioting seeks to achieve, in accordance with Pasternak’s success condition. Allowing for this improves Pasternak’s already strong account of permissible political rioting on its own terms. (shrink)

This paper analyses how Vision Zero (VZ) efforts in New York City (NYC) account for equity and social justice implications of road safety work. VZ policy documents, research literature, popular science and opinion articles on road safety work in the city were studied with a prime focus on equity and social justice. Twelve semi-structured interviews with stakeholders involved in road safety and transport planning in the city and at national level were conducted to gain an in-depth understanding of policy design, (...) the adoption process, and the role of equity considerations in the city's road safety work. The results show that major equity and social justice issues arise in the adoption and implementation of VZ. These issues are primarily related to equity and fairness in the distribution of life saving interventions, the socio-economic impacts of road safety strategies, and the nature of community engagement in policy design and implementation. The findings point to a need for VZ practitioners to give due considerations to equity and social justice implications of VZ policies and strategies. Among others, it supports the need for understanding the nature of past equity and social justice problems in road safety and transport planning in the VZ policy design process. Moreover, the findings suggest the need for empirical studies on the socio-economic implications of VZ strategies and interventions. (shrink)

This paper argues that debates between the Confucians and Mohists in Classical China anticipate contemporary discussions in political philosophy. Specifically, their debates about our responsibilities to other people are akin to debates between Rawlsans, Cosmopolitans, and Utilitarians about the content of our political obligations to other people, and about the proper scope of application of norms of justice.

Discriminatory attitudes towards Muslim refugees are common in liberal democracies, and Muslim citizens of these countries experience high rates of discrimination and social exclusion. Uniting these two facts is the well-known phenomenon of Islamophobia. But the implications of overlapping discrimination against citizens and non-citizens have not been given sustained attention in the ethics of immigration literature. In this paper, I argue that liberal societies have not only duties to discontinue refugee policies that discriminate against social groups like Muslims, but remedial (...) duties to citizens who are in these social groups to adopt a more welcoming stance towards the groups that they are in. Further, I argue that a fitting way of adopting this more welcoming stance is to give refugees in these groups preferential treatment in asylum and resettlement. (shrink)

This lecture, held at the Earth System Governance annual meeting in Nimedjin, Holland (2023), aims to answer the question of how to reconceptualise planetary justice in a radically new way. The approach of organic philosophy combines an awareness of time, of the bond between life and death, beyond the boundaries of physical geography or the fantasy of cultural differences.

Claims about what justice “requires” and the “requirements” of justice are pervasive in political philosophy. However, there is a highly significant ambiguity in such claims that appears to have gone unnoticed. Such claims may pick out either one of two categorically distinct and noncoextensive kinds of requirement that we call 1) requirements-as-necessary-conditions for justice and 2) requirements-as-demands of justice. This is an especially compelling instance of an ambiguity that John Broome has famously observed in the context of claims about other (...) requirements (notably the requirements of rationality and morality). But it appears to have been overlooked by political philosophers in the case of claims about the requirements of justice. The ambiguity is highly significant inasmuch as failing to notice it is liable to distort our normative thinking about politics and make us vulnerable to certain kinds of normatively consequential errors: both mistakenly drawing inferences about what justice demands of us from claims that certain states or societies are not just; and mistakenly drawing inferences about what states or societies are or would be just from claims that justice does not demand of states or societies that they do certain things. Paying greater attention to the distinction between these two different kinds of requirements and the ways in which they come apart is helpful, not merely in avoiding these distortions and errors, but also in resolving, or at least clarifying, a number of other notoriously murky meta-normative debates, especially various important debates about realism and idealism in political philosophy. (shrink)

Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive account (...) of dignity by pursuing this route, but we can still defend the three core principles that lie at the heart of contemporary thinking about dignity: that bearers of dignity possess dignity to an equal degree, in virtue of possessing the same intrinsic worth, and that this generates direct and claimable rights. I thus develop an account of dignity that includes nonhuman animals. I argue that the capacity to value most plausibly grounds dignity. This capacity arises from valenced sentience: a being values insofar as they have experiences that matter to them. I then characterise what follows from this. First, I contend that it is only the capacity to value grounds dignity because this produces the most plausible, simplest, and most explanatorily powerful account of dignity. We ought to reject pluralist accounts which assert a sharp distinction between bearers and non-bearers of rational agency, and biocentric accounts which include non-sentient organic entities. Second, I argue this property grounds an account of dignity that is non-hierarchical. There are no degrees of dignity. Instead, all possessors of the capacity to value have the same kind of intrinsic value, and the same equal fundamental right: to consideration of their interest in leading a life of value. Finally, I argue that since the fundamental right is to consideration, moral agents have claimable duties to engage in a deliberative procedure with actionable requirements. Specific rights are instantiations of this general procedure. Certain revisionist conclusions follow on my view, for instance, that nonhumans should be given greater weight and inclusion in a far wider range of cases, but my account is sensitive to the range of different things different beings value, so it does not generate counterintuitive implications. I conclude that dignity extends beyond the human. (shrink)

A fundamental tension exists between Rawls's ideal Kantian conception of justice as fairness (JAF), which requires respecting people as ends, and his realistic non-Kantian consequentialist conception of a supreme emergency in a just war. By justifying the targeting of objectively innocent noncombatants during a supreme emergency exception, Rawls allows for treating them as means only. Hence, his appeal to a supreme emergency is insufficient to avoid this tension. First, since for him JAF is ideal but also practical, one might argue (...) that his fictional people in the original position must reflect on the justification for using force on behalf of JAF. And second, since Rawls justifies targeting objectively innocent people during a supreme emergency exemption, he justifies what one might conceive of as emergency terrorism. Emergency terrorism, however, treats people as means only. Therefore, Rawls's Kantian conception of JAF is in tension with his consequentialist justification of a supreme emergency in a just war and hence with emergency terrorism. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and policy amendments (...) in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

I will outline four justifications of regional ecological obligations calling for different political authorities to collaborate for ecological reasons: through voluntary agreement between political entities united by an ecological region; by a shared regional history or cultural relations to an ecological region; with reference to ‘place-based’ duties with an ecological basis; or by obligations to an extended set of individual right-holders. None are conclusive reasons but show that there are normative grounds for regional collaboration of separate political authorities. The article (...) contributes to discussion on, despite its practical relevance, a much neglected concept in political philosophy. (shrink)

includes an examination of the tensions between reason and will in the history of legal and political philosophy.

Construed as a theory of justice, relational egalitarianism says that justice requires that people relate as equals. Construed as a theory of what makes democracy valuable, it says that democracy is a necessary, or constituent, part of the value of relating as equals. Typically, relational egalitarians want their theory to provide both an account of what justice requires and an account of what makes democracy valuable. We argue that relational egalitarians with this dual ambition face the justice-democracy dilemma: Understanding social (...) relations in such a way that renders relational egalitarianism plausible as an answer to what makes democracy valuable comes at the price of understanding social relations in a way that makes it less plausible as a theory of justice, and vice versa. We also argue that there is no easy way out of the dilemma and that relational egalitarians, who want relational equality to provide both accounts mentioned, may simply have to set their ambitions lower on behalf of relational equality. (shrink)

At first glance, the imperative to treat all human beings according to equal norms and principles appears indisputable, with any deviation seen as an ethical transgression. The rational perspective dictates a uniform consideration of all individuals unless differential treatment is warranted by valid reasons, avoiding harm. Deviations from equal treatment are typically viewed as exceptions, and ethical frameworks acknowledging groundless differences between individuals seem unjustified. This poses a significant challenge to defending nationalism, which presupposes prioritizing compatriots over others. This dilemma (...) engenders two opposing camps: universalism and particularism. Universalism argues that only general facts about others should determine one's duties towards them, while particularism contends that interpersonal relations play a crucial role in defining rights and duties. From the universalist standpoint, particularism is suspect, as it appears non-impartial and favors specific groups. In response, a particularist might argue that the virtue of impartiality is context-dependent, requiring unbiased behavior in specific situations. Thus, the particularist does not view universalism as indispensable to impartiality (Miller, 1997, 53-4). This abstract explores the ethical complexities surrounding these perspectives, particularly when faced with the nuances of nationalism. (shrink)

How may nations protect their interests in space if its fragility makes military operations there self-defeating? This essay claims nations are in Prisoners Dilemmas on the matter, and applies David Gauthier’s theories about how it is rational to behave morally—cooperatively—in such dilemmas. Currently space-faring nations should i) enter into co-operative space sharing arrangements with other rational nations, ii) exclude—militarily, but with only terrestrial force—nations irrational or existentially opposed to other nations being in space, and iii) incentivize all nations into co-operation (...) by redistributing some space-generated wealth to nations that might otherwise ruin space. Further, since all nations are rationally incentivized to ever greater dependence on space, and since each, by threatening space, can hold hostage its benefits to all, each can demand resolution of terrestrial discontents with other nations. So each has a rational interest in treating others morally both in space and on terrestrial issues. (shrink)

The idea of dignity is pervasive in political discourse. It is central to human rights theory and practice, and it features regularly in conceptions of social justice as well as in the social movements they seek to understand or orient. However, dignity talk has been criticized for leading to problematic exclusion. Critics challenge it for undermining our recognition of the rights of non-human animals and of many human individuals (such as children, the elderly, and people with disabilities). I argue that, (...) on a plausible articulation of it, the idea of dignity does not lead to these exclusions and that it in fact helps defend an appropriately inclusive moral and political treatment of all individuals. Difficult issues about equality and diversity indeed arise, but a dignitarian approach can provide good answers to them or at least help make them clearer and more tractable. (shrink)

‘Justice’ is spoken of in two ways: the lawful and the fair. The law is a human construct that is devoted to the advantage of all, or to the advantage of the best, or to the advantage of those in power or to the advantage of those representing it – let it be the politician, the media, the TV presenter, the filmmaker. Thus, the law serves the production or the preservation of happiness within politics and business. The law commands us (...) to act according to the mean. A well-written law follows the mean well and a poorly written law does not. On the other hand, fairness is a principle sometimes materialised through the law and the given justice system. Fairness is the ultimate value pursued by both the common law and civil law traditions. However, its distribution through the law and the representation of this delivery varies. Does this mean that a different kind of justice is distributed? Through the teachings of Aristotle, this essay aims to deconstruct the notion of justice, by breaking down its two ingredients, the lawful and the fair, and by analysing the effect of their representation in modern European society. The relativity attached to the notion of justice is not a modern phenomenon, but a philosophical matter that can be analysed and indeed explained through the teachings of Aristotle and its contemporary students. The analysis will be developed in the context of convergent Europe, focusing on the role of the media and courts especially in relation to criminal justice. (shrink)

Restorative justice (RJ) in the secure estate is widespread internationally, although piecemeal and inconsistent in its application. It exists in the form of many practices such as mediation, conferencing, circles, and panels. As the interest in RJ continues to grow, this research takes a step back to ask how reconcilable RJ is with incapacitation. Through a combination of normative thinking, literature review, and primary research that applied qualitative methodologies over a 3-year period, the article examines where the two notions meet (...) in their intentions and expected outcomes. A new classification of restorative practices in prisons is proposed, placed in the context of case studies of existing programs from around the world. (shrink)

Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect both the theoretical and (...) practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice. (shrink)

Organ transplantation centers set criteria for candidate qualification, which has led to disparate healthcare resource allocation practices affecting those with a substance use history. These individuals are denied organ transplants by committees and healthcare providers who assign them lower priority status. The lower priority argument claims that healthcare resources should not be provided equally to individuals who fail to share responsibility for not doing enough to address the diseases associated with substance use. The purpose of this paper is to explore (...) the interrelatedness between the ethics of a merit-based system of moral responsibility and the lower priority setting involved in healthcare resource allocation pertaining to those with substance use histories. An interdisciplinary approach to the argument against the lower prioritists is taken with a focus on the relationship between different organ allocation practices affecting substance users and the justification for resource allocation practices of healthcare and transplant committees. Lower priority setting is challenged, and an argument is offered in which substance users are assigned higher priority when relying on "doing enough" in a merit-based system of moral responsibility. It is determined that one cannot substantiate assigning a lower priority status since a lack of success in rehab does not imply a lack of effort. Additionally, neither to confirmatory behavior nor to non-conforming behavior may freedom be justifiably ascribed in a merit-based system of responsibility because freedom to choose can neither be established a priori nor a posteriori concerning meritorious behavior. (shrink)

Wars and crises worldwide force millions of people to flee and seek refuge, often outside their countries of origin. What moral responsibilities do states have towards refugees? In this Ethical Annotation, Dr Jos Philips and his co-authors zoom in on the responsibilities of EU countries. They consider arguments in favour of and against admitting refugees and argue that EU countries must do at least at much as they can do at little cost, and perhaps even more.

The paper focuses on the issue of truth-telling in non-fictional narratives of (in)justice. Based on examples of rape narratives, domestic abuse narratives, human trafficking narratives and asylum seeker narratives, I examine the various difficulties in telling the truth in such stories, particularly those related to various culturally conditioned ideas of how the world works, which at the same time form the basis of, among other things, legal discourse and officials’ decision-making processes. I will also demonstrate that such culturally conditioned ideas, (...) which are the basis of official discourse, can be considered within the category of both the social imaginary of the just world in the Taylorian sense of the term, and the social master narrative, which in the case of stories of (in)justice is often based on the just world hypothesis. (shrink)

This book takes bold steps in forming much-needed philosophical foundations for restorative justice through deconstructing and reconstructing various models of thinking. It challenges current debates through the consideration and integration of various disciplines such as law, criminology, philosophy and human rights into restorative justice theory, resulting in the development of new and stimulating arguments. Topics covered include the close relationship and convergence of restorative justice and human rights, some of the challenges of engagement with human rights, the need for the (...) recognition of the teachings of restorative justice at both the theoretical and the applied level, the Aristotelian theory on restorative justice, the role of restorative justice in schools and in police practice and a discussion of the humanistic African philosophy of Ubuntu. With international contributions from various disciplines and through the use of value based research methods, the book deconstructs existing concepts and suggests a new conceptual model for restorative justice. This unique book will be of interest to academics, researchers, policy-makers and practitioners. (shrink)

Justice in production is concerned with ensuring the benefits and burdens of work are distributed in a way reflective of persons’ status as moral equals. While a variety of accounts of productive justice have been offered, insufficient attention has been paid to the distribution of work’s benefits and burdens in the future. In this paper, after granting for the sake of argument forecasts of widespread future technological unemployment, we consider the implications this has for egalitarian requirements of productive justice. We (...) argue that in relation to all the benefits affiliated with work, other than undertaking social contribution, the technological replacement of work is unproblematic as these benefits could in principle be attained elsewhere. But because social contribution uniquely corresponds to work (when work is understood as more than a paid job), the normative assessment of technological unemployment will turn on the value theories of justice give to contributive activity. We then argue that despite technological replacement being plainly beneficial insofar as it relieves persons from the burdens of work, such as dangerous work or drudgery, because the nature of care work makes it less susceptible to technological replacement, egalitarian concern will require the burdens of care work to be shared equally between individuals. (shrink)

Epistemic injustice consists in a wrong done to someone in their capacity as a knower. I focus on epistemic injustice—more specifically, testimonial injustice—as it arises in the Qur’an. Verse 2:282 implies that the worth of a man’s testimony is twice that of a woman’s testimony. The divine norm suggested by the verse is in direct conflict with the norms that govern testimonial justice. These norms require that women should not be judged less reliable simply because they are women. But a (...) divine norm that says that a woman’s testimony is worth less than a man’s also generates a puzzle for the norms that govern testimonial justice: when the divine norm that says that a woman’s testimony is worth half that of a man’s testimony is endorsed and internalised by Muslim women who then assert it, testimonial justice seems to require that we should take these women’s testimony to be less reliable than men’s testimony. I will argue that the solution to the puzzle lies in recognizing that the application of Quranic norms to a given situation requires getting some relevant facts right, and is not purely a matter of one’s values. As such, asserted Quranic norms are not subject to the deference characteristically demanded by testimonial justice. (shrink)

War is almost always conducted with various restrictions in the form of rules, rituals, and taboos. Many of the norms that regulate warfare can be found in the tradition of just war. This tradition seeks to provide a middle ground between an unrealistic (at least for politicians) pacifism that does not even allow war in self-defence and a too realistic realism that claims there is no place for ethics in war. The tradition of just war does not have the force (...) of law; it provides, above all, a vocabulary to discuss war in moral terms. At the same time, the tradition does have an impact: it forms the basis of humanitarian law and the Geneva Conventions. Just like with laws, it is recognised here that imperfect adherence to these principles does not necessarily diminish their validity. Most proponents of the tradition believe that the principles of just war, even though some date back centuries, are sufficiently general to be applicable to contemporary conflicts, such as the Russo-Ukrainian War. If we apply the norms of the just war tradition to the current situation in Ukraine, we see that Russia is waging an unjust war in an unjust manner. (shrink)

This paper draws attention to a divergence in approach to the social between Ken Gergen’s radical form of social constructionism and the more moderate constructionist approaches exemplified by the thinking of Shaun Gallagher, Jan Slaby and Karen Barad. Specifically, I argue that the latter stop just short of radical constructionism’s ontological and ethical implications. The ethical question for Gergen is not whether and how we achieve just relations but whether and how we deal with the struggle between competing goods, how (...) we manage to think beyond justice understood as singular traditions of the good, so that we can focus on enriching our traditions with alternative intelligibilities, thereby expanding the inclusiveness of our relational structures. Viewing the wayward person or group through Gergen’s lens of multi-being rather than the morality of blameful justice encourages us to strive for an ethics of responsibility without succumbing to a moralism of culpability. (shrink)

The negative impacts of social media have given rise to philosophical questions around whether social media companies have the authority to regulate user-generated content on their platforms. The most popular justification for that authority is to appeal to private ownership rights. Social media companies own their platforms, and their ownership comes with various rights that ground their authority to moderate user-generated content on their platforms. However, we argue that ownership rights can be limited when their exercise results in significant harms (...) to others or the perpetration of injustices. We outline some of the substantive harms that social media platforms inflict through their practices of content moderation and some of the procedural injustices that arise through their arbitrary application of community guidelines. This provides a normative basis for calls to better regulate user-generated content on social media platforms. We conclude by considering some of the political and legal implications of our argument. (shrink)

El neorepublicanismo comprende un amplio espectro de enfoques y concepciones en constante evolución. Para caracterizarlo podemos focalizarnos en una concepción o teoría y adoptarla como punto de referencia para luego indagar sobre las diferencias específicas de cada enfoque. Así, si quisiéramos caracterizar el liberalismo igualitario lo haríamos adoptando como punto de referencia la teoría de la justicia rawlsiana para luego avanzar sobre los debates subsecuentes que dialogan con aquella. Del mismo modo, para caracterizar al neorepublicanismo, haríamos bien en introducirnos a (...) él a través de la teoría republicana de Philip Pettit. (shrink)

Una vez que se desarrollen vacunas efectivas contra la enfermedad del coronavirus 2019 (COVID-19), estas serán escasas. Esto plantea la cuestión de cómo distribuirlas equitativamente entre países. La asignación de vacunas entre países plantea cuestiones complejas y controvertidas que involucran la opinión pública, la diplomacia, la economía, la salud pública y otras consideraciones. Sin embargo, muchos líderes nacionales, organizaciones internacionales y productores de vacunas reconocen que un factor central en esta toma de decisiones es la ética [1, 2]. No obstante, (...) se ha avanzado poco en la definición de lo que constituye una distribución internacional equitativa de vacunas. Muchos han respaldado la “distribución equitativa de la vacuna contra el COVID-19” sin describir un marco o sin ofrecer recomendaciones [3, 4]. Se han presentado dos propuestas sustantivas para la asignación internacional de una vacuna contra la COVID19, pero presentan graves fallas. Ofrecemos una propuesta más éticamente defendible y práctica para la distribución equitativa de la vacuna COVID19: el Modelo de la Prioridad Equitativa. El Modelo de la Prioridad Justa está orientado principalmente a tres grupos. Una es la alianza COVAX, encabezada por GAVI (por sus siglas en inglés), la Organización Mundial de la Salud (OMS) y la Coalición para Innovaciones en Preparación para Epidemias (CEPI por sus siglas en inglés), que tiene la intención de comprar vacunas para distribuirlas equitativamente entre países [5]. Un segundo grupo son los productores de vacunas. Afortunadamente, muchos productores se han comprometido públicamente con una distribución internacional de vacunas “amplia y equitativa” [2]. El último grupo son los gobiernos nacionales, algunos de los cuales también se han comprometido públicamente con una distribución equitativa [1]. Estos grupos necesitan un marco claro para reconciliar valores en competencia, uno que ellos y otros aceptarán legítimamente como ético y no solo como una afirmación de poder. El Modelo de la Prioridad Justa especifica lo que implica una distribución equitativa de vacunas, dando contenido a sus compromisos. Además, la aceptación de este marco ético común reducirá la duplicación y el desperdicio, lo que facilitará los esfuerzos por lograr una distribución equitativa. Eso, a su vez, promoverá la confianza de los productores en que las vacunas se asignarán de manera equitativa para beneficiar a las personas, lo que motivará un aumento en el suministro de vacunas para distribución internacional. (shrink)

Es probable que las vacunas contra COVID-19 sean escasas en los próximos años. Muchos países, desde la India hasta el Reino Unido, han adoptado el nacionalismo de las vacunas. ¿Cuáles son los límites éticos de este nacionalismo de vacunas? Ni el nacionalismo extremo ni el cosmopolitismo extremo son éticamente justificables. En cambio, proponemos el marco de prioridad justa para quienes residen en un país (PJR, por sus siglas en español), en el que los gobiernos pueden retener las dosis de la (...) vacuna COVID-19 para quienes residen en el país solo en la medida en que sean necesarias para mantener un nivel de mortalidad que no sea de crisis mientras están implementando intervenciones razonables de salud pública. En la práctica, un nivel de mortalidad sin crisis es el experimentado durante una mala temporada de gripe, el cual la sociedad considera un riesgo de fondo aceptable. Los gobiernos toman medidas para limitar la mortalidad por influenza, pero no existe una emergencia que incluya confinamientos severos. Este "estándar de riesgo de gripe" es una heurística no arbitraria y generalmente aceptada. La mortalidad por encima del estándar de riesgo de gripe justifica mayores intervenciones gubernamentales, incluida la retención de vacunas para quienes residen en un país por sobre la necesidad global. El nivel preciso de vacunación necesario para cumplir con el estándar de riesgo de influenza dependerá de factores empíricos relacionados con la pandemia. Esto vincula los principios éticos a los datos científicos que surgen de la emergencia. Por lo tanto, el marco PJR reconoce que los gobiernos deben priorizar la adquisición de vacunas para su país cuando sea necesario para reducir la mortalidad a niveles similares a los de la gripe sin crisis. Pero después de eso, un gobierno está obligado a hacer su parte para compartir vacunas para reducir los riesgos de mortalidad de las personas en otros países. Consideramos y rechazamos las objeciones al marco PJR basadas en que un país (1) haya desarrollado una vacuna, (2) haya aumentado los impuestos para pagar la investigación y compra de vacunas, (3) quiera eliminar las cargas económicas y sociales, y (4) sea ineficaz para combatir el COVID-19 a través de intervenciones de salud pública. (shrink)