This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory (...) treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

Because citizens of diverse and pluralistic democracies possess different values and interests, deliberative democratic theory founds legitimate decision-making in non-coercive deliberations among free and equal citizens who appeal to public reasons or, in other words, to reasons that can be accepted by ‘all who are possibly affected’. Yet it is not clear that what stymies democratic justification is the failure to offer or accept public reasons. Can we not agree on them while understanding them in different but equally compelling ways? (...) Indeed, might it not be that what stymies justification is our failure to acknowledge this possibility? The first part of this paper explores these questions as they relate both to the original formulations of deliberative theory and to certain revisions. The second part of the paper investigates a hermeneutic alternative that not only acknowledges but also value differences in the ways we can plausibly understand the public reasons to which we agree. (shrink)

Is implementing the beneficent nudge program morally permissible in worlds like ours? I argue that there is reason for serious doubt. I acknowledge that beneficent nudging is highly various, that nudges are in some circumstances morally permissible and even called for, and that nudges may exhibit respect for genuine autonomy. Nonetheless, given the risk of epistemic injustice that nudges typically pose, neither the moral permissibility of beneficent nudging in the abstract, nor its case-by-case vindication, appears sufficient to justify implementing a (...) nudge program in worlds like ours. Drawing on Miranda Fricker’s account of epistemic injustice, I argue that the cogent defense of any nudge program, relative to worlds like ours, stands in need of serious attention to its potential for fostering or sustaining epistemic injustice. A more specific point hinges on recognizing a form of epistemic injustice not enough attended to in the literature to date, which I call reflective incapacitational injustice. This includes relative disadvantages in the attaining of the capacity to engage in critical reason, such as the capacity to go in for potentially critical reasoned deliberation and discursive exchange concerning ends. Since Cass Sunstein’s First Law of behaviorally informed regulation would be taken, in worlds like ours, to justify indeterminately many nudges leading to such epistemic injustice we have general grounds for doubting the moral permissibility of this nudge program. We should hence oppose the implementation of any such program until it is shown not to violate the demands of epistemic justice. (shrink)

This article traces a connection between the Daoist conception of nothingness and democratic deliberation by way of Derrida’s deconstructive analysis of decision. A widespread understanding of deliberation relies on the idea that the force of argument should be the sole determinant of individual and collective views. It follows that deliberation is genuine only if participants can change their views as a result of reasoned argument, that is to say only if there is the possibility of a decision. Analysis of the (...) aporia(s) at the heart of decision is a recurrent feature of Derrida’s later work and, I argue, this aporetic analysis highlights the function of nothingness in the act of decision. After identifying some points of convergence between Derridean deconstruction and the Daodejing in relation to the constitutive role of nothingness in material and immaterial things, I argue that it is only because of the nothingness between reasons and a decision that there really is ‘a decision’. This nothingness as the heart of any decision is further compounded by the ‘ordeal’ that Derrida describes in relation to decisions that aspire to be just or responsible to the other. Here, it is not simply a question of the rupture with reasons or calculations but of indeterminacy in the face of the obligation to decide responsibly, that is in the light of an appropriate response to the condition or the circumstances of the other. This indeterminacy is in effect a secondary nothingness that is bound up with the attempt to do justice to the other. Finally, I argue that Derrida’s analysis of decision suggests a possible way to spell out the connection between nothingness and the ethics of difference as presented in the Zhuangzi. Awareness of the primary and secondary nothingness involved in decision reminds us that there is no ground for ‘good conscience’ with regard to any decision that has been taken and that there is always more to be done. (shrink)

In early writings, stakeholder theorists supported giving all stakeholders formal, binding control over the corporation, in particular, over its board of directors. In recent writings, however, they claim that stakeholder theory does not require changing the current structure of corporate governance and further claim to be “agnostic” about the value of doing so. This article’s purpose is to highlight this shift and to argue that it is a mistake. It argues that, for instrumental reasons, stakeholder theorists should support giving all (...) stakeholders control over the corporation, in the form of control over its board. That is, stakeholder theorists should support stakeholder democracy over the status quo. A larger goal of this article is to steer the conversation about stakeholder theory toward questions of governance and control. Stakeholder theorists tend to sidestep these questions, but it is vital that they be addressed. (shrink)

Constitutionalists and deliberative democrats show increasing interest in deliberative constitutionalism. They seek to reconcile two prima facie conflicting camps in legal and political philosophy:...

We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which (...) I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy. (shrink)

We lack analyses of the judiciary from a systemic perspective. This article thus examines arguments offered by deliberativists who have reflected about this institution and argues that the current state of deliberative democracy requires us to rethink the ways they conceive of the judiciary within a deliberative framework. After an examination of these accounts, I define the deliberative system and describe the different phases deliberative democracy has gone through. I then single out elements common to all systemic approaches against which (...) I test whether the regard that the authors show for the judiciary in deliberative terms can be maintained and argue in the negative. I conclude by pointing at the necessity to think about the definition of deliberative systems, and to the value of these discussions for debates on the legitimacy of judicial review when it is exercised under the form of judicial supremacy. (shrink)

Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...) collective effects and is authoritatively final. The application of these criteria places the discussion on the grounds of democratic theory. The article thus reviews competing democratic theories and champions deliberative democracy as the alternative whose constitutive features best allow for the development of institutions capable of exercising constitutional interpretation when the imposition of meaning on the constitution is final and carrieserga omneseffects. (shrink)

This paper argues against the call to democratize artificial intelligence (AI). Several authors demand to reap purported benefits that rest in direct and broad participation: In the governance of AI, more people should be more involved in more decisions about AI—from development and design to deployment. This paper opposes this call. The paper presents five objections against broadening and deepening public participation in the governance of AI. The paper begins by reviewing the literature and carving out a set of claims (...) that are associated with the call to “democratize AI”. It then argues that such a democratization of AI (1) rests on weak grounds, because it does not answer to a demand of legitimization, (2) is redundant in that it overlaps with existing governance structures, (3) is resource intensive, which leads to injustices, (4) is morally myopic and thereby creates popular oversights and moral problems of its own, and finally, (5) is neither theoretically nor practically the right kind of response to the injustices that animate the call. The paper concludes by suggesting that AI should be democratized not by broadening and deepening participation but by increasing the democratic quality of the administrative and executive elements of collective decision making. In a slogan: The question is not so much whether AI should be democratized but how. (shrink)

It has been argued that the Internet and social media increase the number of available viewpoints, perspectives, ideas and opinions available, leading to a very diverse pool of information. However, critics have argued that algorithms used by search engines, social networking platforms and other large online intermediaries actually decrease information diversity by forming so-called “filter bubbles”. This may form a serious threat to our democracies. In response to this threat others have developed algorithms and digital tools to combat filter bubbles. (...) This paper first provides examples of different software designs that try to break filter bubbles. Secondly, we show how norms required by two democracy models dominate the tools that are developed to fight the filter bubbles, while norms of other models are completely missing in the tools. The paper in conclusion argues that democracy itself is a contested concept and points to a variety of norms. Designers of diversity enhancing tools must thus be exposed to diverse conceptions of democracy. (shrink)

The article elaborates an original intertwined reading of republican theory, deliberative democracy and political equality. It argues that republicans, deliberative democrats and egalitarian scholars have not paid sufficient attention to a number of features present in these bodies of scholarships that relate them in mutually beneficial ways. It shows that republicanism and deliberative democracy are related in mutually beneficial ways, it makes those relations explicit, and it deals with potential objections against them. Additionally, it elaborates an egalitarian principle underpinning the (...) resulting model that I label Equality of Access and Deliberation. The upshot of these considerations is a novel and mutually reinforcing interrelated three-tiered theoretical and institutional proposal. (shrink)

The paper sets forth programmatically a series of conditions necessary for a deliberative theory of democracy to be able to account for the normative value of the two fundamental principles of democracy: human rights and popular sovereignty. The starting point is the question of whether aggregate conceptions are capable ofdesigning collective decision-making procedures in which those two principles are mutually entailed. The article emphasizes the importance for democratic procedures to include a reciprocal justification requirement that cannot be fully satisfied by (...) aggregate or agonistic conceptions. (shrink)