Typically, fair machine learning research focuses on a single decision maker and assumes that the underlying population is stationary. However, many of the critical domains motivating this work are characterized by competitive marketplaces with many decision makers. Realistically, we might expect only a subset of them to adopt any non-compulsory fairness-conscious policy, a situation that political philosophers call partial compliance. This possibility raises important questions: how does partial compliance and the consequent strategic behavior of decision subjects affect the allocation outcomes? (...) If k% of employers were to voluntarily adopt a fairness-promoting intervention, should we expect k% progress (in aggregate) towards the benefits of universal adoption, or will the dynamics of partial compliance wash out the hoped-for benefits? How might adopting a global (versus local) perspective impact the conclusions of an auditor? In this paper, we propose a simple model of an employment market, leveraging simulation as a tool to explore the impact of both interaction effects and incentive effects on outcomes and auditing metrics. Our key findings are that at equilibrium: (1) partial compliance by k% of employers can result in far less than proportional (k%) progress towards the full compliance outcomes; (2) the gap is more severe when fair employers match global (vs local) statistics; (3) choices of local vs global statistics can paint dramatically different pictures of the performance vis-a-vis fairness desiderata of compliant versus non-compliant employers; (4) partial compliance based on local parity measures can induce extreme segregation. Finally, we discuss implications for auditors and insights concerning the design of regulatory frameworks. (shrink)

Jason Brennan and Peter Jaworski argue in recent work that “semiotic” or “symbolic” objections to markets are unsuccessful. I counter-argue that there are indeed some semiotic limits on markets and that anti-commodification theorists are not merely expressing disgust when they disapprove of markets in certain goods on those grounds. One central argument is that, contrary to what Brennan and Jaworski claim, semiotic arguments against markets do not depend fundamentally on meanings that prevail about markets. Rather, they depend on the meanings (...) that attach to various goods, meanings that give us moral bases on which to make judgments about their prospective commodification. (shrink)

This article start from two opposing intuitions in the environmental duties debate. On the one hand, if our lifestyle causes environmental harm, then we have a duty to reduce that impact through lifestyle changes. On the other hand, many people share the intuition that environmental duties cannot demand to alter our lifestyle radically for environmental reasons. These two intuitions underlie the current dualism in the environmental duties debate: those arguing for lifestyle changes and those arguing that our duties are limited (...) to promoting just environmental institutions. The paper has two goals: first, to grasp the underlying reasons for the two intuitions, and, second, to provide a proposal that integrates both intuitions. The paper consists of two main parts. The first part examines the ‘our-duties-should-be-limited’ intuition. Two interpretations are discussed, one under the title ‘what I do make no difference’, dealing with causality and collective action, and one under the title ‘my duty cannot be to change my lifestyle completely’, which discusses demandingness, fairness and value conflict. The second part shows how the ‘lifestyle-matters’ intuition can still play an important role. This part consists of two sections, one on ‘how to make a difference’, which deals with the idea of a cooperative ethos, and the other with ‘why lifestyle matters’, discussing expressive rationality and integrity. These ideas allow giving an important place to lifestyle duties, while avoiding the possible counterproductive effect of a private duties account. (shrink)

Through modern driver assistant systems, algorithmic decisions already have a significant impact on the behavior of vehicles in everyday traffic. This will become even more prominent in the near future considering the development of autonomous driving functionality. The need to consider ethical principles in the design of such systems is generally acknowledged. However, scope, principles and strategies for their implementations are not yet clear. Most of the current discussions concentrate on situations of unavoidable crashes in which the life of human (...) beings is existentially affected. In this paper, we argue that ethical considerations should be mandatory for any algorithmic decision of autonomous vehicles, instead of a limitation to hazard situations. Such an ethically aligned behavior is relevant because autonomous vehicles, like any other traffic participants, operate in a shared public space, where every behavioral decision impacts the operational possibilities of others. These possibilities concern the fulfillment of a road-user’s safety, utility and comfort needs. We propose that, to operate ethically in such space, an autonomous vehicle will have to take its behavior decisions according to a just distribution of operational possibilities among all traffic participants. Using an application on a partially-autonomous prototype vehicle, we describe how to apply and implement concepts of distributive justice to the driving environment and demonstrate the impact on its behavior in comparison to an advanced but egoistic decision maker. (shrink)

Work on analogy has been done from a number of disciplinary perspectives throughout the history of Western thought. This work is a multidisciplinary guide to theorizing about analogy. It contains 1,406 references, primarily to journal articles and monographs, and primarily to English language material. classical through to contemporary sources are included. The work is classified into eight different sections (with a number of subsections). A brief introduction to each section is provided. Keywords and key expressions of importance to research on (...) analogy are discussed in the introductory material. Electronic resources for conducting research on analogy are listed as well. (shrink)

This article outlines the structure of a Rawlsian theory of justice in the employment relationship. A focus on this theory is motivated by the role it plays in debates in business ethics. The Rawlsian theory answers three central questions about justice and the workplace. What is the relationship between social justice and justice at work? How should we conceive of the problem of justice in the economic sphere? And, what is justice in the workplace? To see fully what demands justice (...) makes on the workplace, we should first spell out the implications that domestic justice has for working conditions. When this is done, we can develop a conception of workplace justice and investigate what content such local justice should have. John Rawls’s political liberalism was constructed for the specific problem of a just basic structure; in order to apply it to another problem the key theoretical concepts must be revised. Reasons for a specific construction of a local original position are given and arguments are presented in support of a principle of local justice, which takes the form of a choice egalitarian local difference principle. (shrink)

The growing gap between demands and resources is putting immense pressure on all government spending in Sweden. The gap is especially apparent in care and services for elderly people in light of the rapid aging of the population. The article considers the decisions and priorities concerning resource allocation in the welfare sector in general and in elderly care in particular. The aim is to describe the political and administrative setting and to provide a conceptual structure that outlines the nature of (...) the problem. Various levels of decision making are identified and discussed in the context of political accountability. Current transitions in elderly care are described with respect to service provision, marketisation, coverage rates, and eligibility standards. Basic principles of distribution are highlighted in order to clarify some central concepts of efficiency and justice, and a number of strategies for actual prioritising are identified. The article concludes with an endorsement of more conscious decisions in resource allocation. Existing knowledge and information concerning the effects of various strategies must be utilised, and the values and assumptions used for setting priorities must be made explicit. (shrink)

Machine learning algorithms are increasingly used to shape high-stake allocations, sparking research efforts to orient algorithm design towards ideals of justice and fairness. In this research on algorithmic fairness, normative theorizing has primarily focused on identification of “ideally fair” target states. In this paper, we argue that this preoccupation with target states in abstraction from the situated dynamics of deployment is misguided. We propose a framework that takes dynamic trajectories as direct objects of moral appraisal, highlighting three respects in which (...) such trajectories can be subject to evaluation in relation to their temporal dynamics, robustness, and representation. (shrink)

Cost-effectiveness analysis suggests that a society should allocate its health care budget in order to achieve the greatest total health for its budget. However, in ‘rescue’ cases, where an individual’s life is in immediate peril, reasoning in terms of cost-effectiveness can appear inhumane. Hence considerations of cost-effectiveness and of rescue appear to be in tension. However, by attending to the division of labour in medical decision making it is possible to see how cost-effectiveness analysis and rescue-style reasoning are commonly combined (...) in an ethically acceptable fashion. (shrink)

Periodic and unexpected shortages of drugs, biologics, and even medical devices have become commonplace in the United States. When shortages occur, hospitals and clinics need to decide how to ration their available stock. When such situations arise, institutions can choose from several different allocation schemes, such as first-come, first-served, a lottery, or a more rational and calculated approach. While the first two approaches sound reasonable at first glance, there are a number of problems associated with them, including the inability to (...) make fine, individual patient-centered decisions. They also do not discriminate between what kinds of patients and what types of uses may be more deserving or reasonable than others. In this article I outline an ethically acceptable procedure for rationing drugs during a shortage in which demand outstrips supply. (shrink)

Climate change can be interpreted as a unique case of historical injustice involving issues of both intergenerational and global justice. We split the issue into two separate questions. First, how should emission rights be distributed? Second, who should come up for the costs of coping with climate change? We regard the first question as being an issue of pure distributive justice and argue on prioritarian grounds that the developing world should receive higher per capita emission rights than the developed world. (...) This is justified by the fact that the latter already owns a larger share of benefits associated with emission generating activities because of its past record of industrialisation. The second question appears to be an issue of compensatory justice. After defining what we mean by compensation, we show that different kinds of compensatory principles run into problems when used to justify payments by historical emitters of the North to people suffering from climate change in the South. As an alternative, we propose to view payments from wealthy countries for adaptation to climate change in vulnerable countries rather as a measure based on concerns of global distributive justice. (shrink)

The market failures approach to business ethics argues that economic theory regarding the efficient workings of a market can generate normative prescriptions for managerial behaviour. It argues that actions that inhibit Pareto optimal solutions are immoral. However, the approach fails to identify goods that should be regulated or prohibited from the market, something common to the moral limits to markets approach to business ethics. There are, however, numerous assumptions underlying Paretian efficiency, including some about the preferences of market participants. Trade (...) in some goods violates some of these assumptions, and so these goods are morally suspect and can be understood to indicate that the market for these goods is not moral. This creates grounds sufficient for regulating, and possibly prohibiting, these goods. To help determine whether it is then necessary to regulate the goods, I propose a supplementary economic analysis to ascertain why an assumption regarding a particular preference is being violated. (shrink)

This article presents a theorized and conceptually informed method for the undertaking of an ethics audit organization. At an operational level, the overall integrity of an organization, it is argued, may be evaluated through the application of a conceptual frame-work that embraces the inter-related themes of individual responsibility, social equity and political responsibility. Finally, a method is presented for ethics audit which was developed in the auditing of a national public sector sports organization: sportscotland. This emphasizes the significance of key (...) personnel (individuals and in groups) in producing and reproducing the organizational ethos, whilst recognizing the importance of anonymity and confidentiality throughout the process. The theoretical terrain of the ethics audit is articulated through a consideration of ethics as applied moral philosophy, equity as social justice and corporate governance as the moral health (or otherwise) of a public sector sports organization. (shrink)

Business ethicists have written much about ethical issues in employment. Except for a handful of articles on the very high pay of chief executive officers and the very low pay of workers in overseas sweatshops, however, little has been written about the ethics of compensation. This is prima facie strange. Workers care about their pay, and they think about it in normative terms. This article's purpose is to consider whether business ethicists' neglect of the normative aspects of compensation is justified. (...) I examine several possible justifications for neglecting compensation and show that they fail. What remains is a case for thinking that it is worthy of normative analysis. (shrink)

While differentialists deny that non-linguistic animals can have a sense of justice, assimilationists credit some animals with such an advanced moral attitude. We approach this debate from a philosophical perspective. First, we outline the history of the notion of justice in philosophy and how various facets of that notion play a role in contemporary empirical investigations of justice among humans. On this basis, we develop a scheme for the elements of justice-relevant situations and for criteria of justice that should be (...) fruitful in studying both humans and animals. Furthermore, we investigate the conceptual connections between a sense of justice, on the one hand, and various other mental powers, on the other, and indicate which of the latter may be beyond the ken of animals. Next, we consider recent empirical research on justicerelated phenomena in animals. We argue for an intermediate position: While animals can at least in principle satisfy some preconditions of justice (intentional action, rulefollowing), others are problematic, notably possessing a notion of desert. A space for justice in social animals exists, yet it is rather limited compared to the rich cultures of justice in humans. Finally, we reflect on some actual or alleged implications of research on animal justice. As regards justice in humans, one should avoid a simplistic image of ‘‘natural justice’’ as boiling down to equal allocation of goods. As regards justice for animals, one should be weary of the contractualist assumption that only those capable of justice themselves are deserving of ‘‘just’’ treatment. (shrink)

The paper focuses on the application of a particular conception of the rule of law to situations characterized by traditional local justice and legal pluralism. While in the twentieth century international rule‐of‐law programmes were directed almost exclusively at state legal system, they have recently begun to take into account traditional local justice, namely, those institutions which in many world regions represent the main form of effective justice. Starting with a review of the positive and negative aspects of traditional local justice (...) from a rule‐of‐law perspective, the paper underlines the widespread lack of protection of human rights, particularly of women’s rights. Discussing vertical rule‐of‐law functions in contexts of legal pluralism the paper stresses the advantages of an approach to the promotion of the rule of law based on mutual recognition and influence between different legal authorities and sources. It is argued that this “interactive” approach appears best suited to the complex frameworks of relations that characterize present‐day systems of deep legal pluralism. Finally, the paper underlines the correspondence between this approach and a conception of the rule of law as an ideal framework of plural interactions characterized by the limits imposed on the law by the law itself, and it discusses its advantages from the perspective of human rights and women’s rights promotion. (shrink)

While the volume of material inspired by Rawls’s reinvigoration of the discipline back in 1971 has still not begun to subside, its significance has been in serious decline for quite some time. New and important work is appearing less and less frequently, while the scope of the work that is appearing is getting smaller and more internal and its practical applications more difficult to discern. The discipline has reached a point of intellectual stagnation, even as real-world events suggest that the (...) need for what political philosophy can provide could not be more critical. What follows then is a set of statements about how I believe that we, as political philosophers, should approach what we do. It contains my view as to what political philosophy should be about, how political philosophy should be done, and how courses in political philosophy should be taught, interlaced with commentary on the current state of the profession. (shrink)

Brent Kious has recently attacked several arguments generally adduced to support anti-doping in sports, which are widely supported by the sports medicine fraternity, international sports federations, and international governments. We show that his attack does not succeed for a variety of reasons. First, it uses an overly inclusive definition of doping at odds with the WADA definition, which has global, if somewhat contentious, currency. Second, it seriously misconstrues the position it attacks, rendering the attack without force against a more balanced (...) construal of an anti-doping position. Third, it makes unwarranted appeals to matters Kious considers morally ‘clear’, while simultaneously attacking a position many others take to be equally morally ‘clear’, namely that of anti-doping. Such an inconsistency, attacking and appealing to the moral status quo as befits one’s argument, is not acceptable without further qualification. Fourth, his position suffers from a general methodological flaw of over-reliance upon argumentation by analogy. Moreover, it is argued that the analogies, being poorly selected and developed, fail to justify his conclusion that the anti-doping lobby lacks philosophical and moral authority for its stance. These issues are symptomatic of a more fundamental problem: any attempt at providing a blanket solution to the question of whether doping is morally acceptable or not is bound to run up against problems when applied to highly specific contexts. Thus, rather than reaching any particular conclusion for or against doping products or processes in this article, we conclude that an increased context-sensitivity will result in a more evenhanded appraisal of arguments on the matter. (shrink)

Health technology assessment (HTA) is often biased in the sense that it neglects relevant perspectives on the technology in question. To incorporate different perspectives in HTA, we should pursue agreement about what are relevant, plausible, and feasible research questions; interactive technology assessment (iTA) might be suitable for this goal. In this way a kind of procedural ethics is established. Currently, ethics too often is focussed on the application of general principles, which leaves a lot of confusion as to what really (...) is the matter in specific cases; in an iTA clashes of values should not be approached by use of such ethics. Instead, casuistry, as a tool used within the framework of iTA, should help to articulate and clarify what is the matter, as to make room for explication and consensus building. (shrink)

This paper is a comparative analysis of egalitarianism and utilitarianism from a naturalistic perspective that offers some insight into the manner in which we come to make interpersonal comparisons of welfare.

This article examines the ethical basis for government involvement in health care. It first provides the case for individual autonomy, focusing on the justifications–particularly ethical ones–for allowing individuals to make their own choices in health care, and to control more of their own resources in doing so. Next, it provides the opposite case–for abridging individual autonomy, and in particular, for redistributing resources from those who are well off to those who are not. The overriding reason for favouring the latter case, (...) which trumps the notion of individual autonomy, is to ensure that individuals who are at a disadvantage have an equal probability of attaining good health. (shrink)

An attempt is made to articulate what is seen as a ?thin? interpretation of justice in sport and how this is understood in terms of ?thick? interpretations in various sociocultural settings. In this way, it is argued, sport can be better understood as a dynamic social practice. First, a thin interpretation of justice is formulated. Sport's structural goal is to measure, compare and rank competitors according to their performances. The rule systems of sport are based on more general norms that (...) describe how this goal can be reached in reliable and valid ways. A thin interpretation consists of norms for equal opportunity to perform and meritocratic norms that describe what inequalities are to be measured in sport and how they are to be rewarded. Secondly, various socio-cultural understandings of the thin interpretation are discussed. Five ideal-typical thick interpretations are given: the purist, the cynic, the rationalist, the supporter and the consumer. These positions represent different and to a certain extent contradictory interpretations of the thin justice scheme. Some positions even seem to reject it. This scheme indicates potentially radical changes in sport as we know it. (shrink)

Health technology assessment (HTA) is often biased in the sense that it neglects relevant perspectives on the technology in question. To incorporate different perspectives in HTA, we should pursue agreement about what are relevant, plausible, and feasible research questions; interactive technology assessment (iTA) might be suitable for this goal. In this way a kind of procedural ethics is established. Currently, ethics too often is focussed on the application of general principles, which leaves a lot of confusion as to what really (...) is the matter in specific cases; in an iTA clashes of values should not be approached by use of such ethics. Instead, casuistry, as a tool used within the framework of iTA, should help to articulate and clarify what is the matter, as to make room for explication and consensus building. (shrink)

A well-known thought experiment has us ponder a lottery system that selects one person as the source of transplantable organs for two others. The organs are forcibly harvested and the “donor” dies, whereas the other two patients live. The Survival Lottery is supposed to get at the distinction between killing and letting die, but it is also a challenge to beliefs about moral duties: what are my obligations if my life could be used to save yours and another person's as (...) well? A less extreme version of this thought experiment might have us imagining that officials of the public healthcare system would devise a similar lottery in the aftermath of a large-scale medical emergency. We could imagine that a natural disaster or an attack using biological weapons, for example, has so diminished the ability to provide public health care that in some communities, officials might consider implementing a lottery. To avoid the concerns about outright killing of selectees, officials might offer a wide range of participation in medical practice and research, not just organ allocation. Officials could ensure that no significant risks are involved, and selectees could in various ways be compensated. Would it be possible to ethically justify this “Healthcare Lottery” on the grounds that it was a temporary, yet necessary, infringement on autonomy? (shrink)

“One man’s ceiling is another man’s floor”Paul SimonThe words of Paul Simon capture the essence of what the courts are called upon to deal with when adjudicating matters of health. Wealthier and healthier neighbors living in the upstairs apartment are, all things being equal, not overly interested in raising the floor of their apartment in order to create more space for those in the apartment below. The floor is tangible, measurable and movable, and thus a subject where science can contribute (...) much. However, where to locate the floor is a matter of values and thus largely in the realm of politics.Resorting to the courts in matters of public policy can be seen as the residual of the inability of the remaining two branches of government, the legislature and the executive, to succeed in allocating resources and regulating the system. When the combination of science and politics falters, enter the judiciary. (shrink)

Jon Elster's notion of 'local justice systems' helps recon ceive sustainable development in several fresh ways. Keeping options open for the future use of resources turns out to be a justice/injustice cycle: the more sustainable development becomes a global phenom enon, the more locally unjust its uniform application would necess arily be. The more uniform the application, the greater the local pressure for suitably varied alternatives. But the more varied the applications, the greater the chance of global injustice arising from (...) the decentralization and lack of coordination on the ground. In this way, sustainable development must be seen as not ending when unjust global systems become more just, but rather as continuing through a set of iterations whose moments include a rejection of an overly globalized sustainable development. Key Words: Jon Elster • local justice systems • sustainable development. (shrink)

Evidence provided by the scientific community strongly suggests that limits should be placed on greenhouse gas emissions. This means that states, firms, and individuals will have to face potentially serious burdens if they are to implement these limits. Which principles of justice should guide a global regime aimed at reducing greenhouse gas emissions originating from human activities, and most notably from CO2emissions? This is both a crucial and difficult question. Admittedly, perhaps this question is too ambitious, given the uncertainties and (...) complexities characterizing the issue of climate change. Yet, rather than listing them all at this stage, let us address the question in a straightforward manner, introducing some of these complexities as the need arises. (shrink)

In recent years geographic interest has focused increasingly on the moral and ethical dimensions of social constructions. Much of this work has followed the direction taken by moral philosophers whose principled approach has been applied to a range of ethically or morally problematic contexts. The challenge has been to apply a geographic perspective to an ethical dilemma that seems intractable at the level of ethical principle. This paper uses a geographic perspective to consider in a concrete fashion a current bioethical (...) concern: defining who will or will not be eligible for an organ transplant. Methodologically, it uses the analytic hierarchy process, a multicriterion decision making approach, and Q-analysis to analyze the resulting data. Long known by geographers, Q-analysis presents a methodology for the analysis of relations between two sets of criteria, in this case focus groups and their responses to a hierarchy of criteria. The result is a topology that not only presents but also explains the moral reasoning of members of a diverse set of focus groups constituted at a Canadian hospital to consider the question of organ transplant eligibility. (shrink)

The last few decades have seen a dramatic increase in concern with matters of ethics in all areas of public life. This ‘applied turn’ in ethics raises important issues not only of focus, but also of methodology. Sometimes a moral end or moral feature is designed into an institution or technology; sometimes a morally desirable outcome is the fortuitous, but unintended, consequence of an institutional arrangement or technological invention. If designing-in ethics is the new methodological orientation for applied ethics, globalisation (...) is providing many of the practical ethical problems upon which to deploy this methodology. (shrink)

This paper critically evaluates the effect of introducing markets into the institutional system of education and promotes the claim of a learning democracy to underpin a richer conception for developing the powers and capacities of all citizens.

In recent years geographic interest has focused increasingly on the moral and ethical dimensions of social constructions. Much of this work has followed the direction taken by moral philosophers whose principled approach has been applied to a range of ethically or morally problematic contexts. The challenge has been to apply a geographic perspective to an ethical dilemma that seems intractable at the level of ethical principle. This paper uses a geographic perspective to consider in a concrete fashion a current bioethical (...) concern: defining who will or will not be eligible for an organ transplant. Methodologically, it uses the analytic hierarchy process, a multicriterion decision making approach, and Q-analysis to analyze the resulting data. Long known by geographers, Q-analysis presents a methodology for the analysis of relations between two sets of criteria, in this case focus groups and their responses to a hierarchy of criteria. The result is a topology that not only presents but also explains the moral reasoning of members of a diverse set of focus groups constituted at a Canadian hospital to consider the question of organ transplant eligibility. (shrink)

This study analyses to what extend and under what circumstances layoffs are accepted in Germany. Principles of distributive justice and rules of procedural justice form the theoretical framework of the analysis. Based on this, hypotheses are generated, which are tested empirically in a telephone survey conducted between East and West Germans in 2004 (n = 3036). The empirical analysis accounts for the different points of views of implicated stakeholders and impartial spectators. Key findings are: (1) The management of a company (...) can increase the acceptance of layoffs if the employees get some participation rights. (2) For impartial spectators generous compensation for those made redundant leads to a higher degree of perceived fairness. But job alliances are not even preferred to layoffs without measures to soften the blow of job loss. (3) Implicated stakeholders accept job alliances and perceive wage cuts as more fair than layoffs. However, compensation does not have the expected impact. (shrink)

This paper presents the experimental results of a “Transcontinental Ultimatum Game” implemented between India and France. We use a standard ultimatum game, but in one treatment Indian subjects made offers to French subjects (ItoF treatment) and, in another treatment, French subjects made offers to Indian subjects (FtoI treatment). We observed that FtoI treatment bargaining mostly ended up with unequal splits of money in favor of French, while nearly equal splits were the most frequent outcome in ItoF treatment interactions. The experimental (...) results are organized through a standard social reference model, modified for taking into account the different marginal value of money for bargainers. In our model bargaining is driven by relative standings comparisons between players, occurring in terms of real earnings (that is monetary earnings corrected for a purchasing power factor) obtained in the game. The norm of equity behind the equalization of real earnings is called local equity norm, and contrasted to a global equity norm which would encompass the wealth of players beyond the game. According to what we observed, no beyond-game concern seems to be relevantly endorsed by subjects. (shrink)

Stakeholder theorists distinguish between normative stakeholders, those who gain moral standing by making contributions to the firm, and derivative stakeholders, those who can constrain the corporate association even though they make no contribution. The board of directors has the legal authority to distinguish among these stakeholder groups and to distribute rights and obligations among these stakeholder groups. To be sure, this stakeholder formulation appropriately seizes on the firm’s voluntary, associative character. Yet, the firm’s constituents contribute assets and incur risks to (...) participate in market, economic activities. And, as such, the firm’s “stakeholders” must share an imperfect language to assist in making two key economic decisions: (1) who are the legitimate and who are the derivative stakeholders; and (2) who should sit on the board? Still, stakeholder theorists have good reason to be skeptical of neoclassical economics. Its assumptions that all act opportunistically and that all can calculate rationally and fully hardly correspond to studies on the managerial experience of corporate coordination. However, advances in behavioral law and economics now provide a cogent economic logic that readily fits into a stakeholder mode. In brief, we argue that (1) the firm’s economic purpose designates legitimacy to core stakeholders, to those who add value, assume unique risk, and can incur harm; (2) the board serves as the principal who coordinates these core stakeholders to sustain competitive advantage and new wealth creation; and (3) state incorporation law, Delaware in particular, reinforces the board’s function. These, in turn, supply selection criteria for board membership. We aim to synchronize concepts from behavioral law and economics with stakeholder theory. (shrink)

“One man’s ceiling is another man’s floor”Paul SimonThe words of Paul Simon capture the essence of what the courts are called upon to deal with when adjudicating matters of health. Wealthier and healthier neighbors living in the upstairs apartment are, all things being equal, not overly interested in raising the floor of their apartment in order to create more space for those in the apartment below. The floor is tangible, measurable and movable, and thus a subject where science can contribute (...) much. However, where to locate the floor is a matter of values and thus largely in the realm of politics.Resorting to the courts in matters of public policy can be seen as the residual of the inability of the remaining two branches of government, the legislature and the executive, to succeed in allocating resources and regulating the system. When the combination of science and politics falters, enter the judiciary. (shrink)

Many open networks, distributed computing systems, and infrastructure management systems face a common problem: how to distribute a collectivised set of resources amongst a set of autonomous agents of heterogenous provenance. One approach is for the agents themselves to self-organise the allocation of resources with respect to a set of agreed conventional rules; but given an allocation scheme which maps resources to those agents and a set of rules for determining that allocation scheme, some natural questions arise—Is this allocation fair? (...) Is the allocation method effective? Is it efficient? Are the decision makers accountable? In this paper, we argue that some answers to these questions can be found in the formal characterisation of different aspects of ‘justice’ and that these different aspects need a principled operationalisation as policies for system management. We present a formal model and some experimental results, concluding that the different aspects are all inter-connected and that what is required is a comprehensive research programme in computational justice. (shrink)

Two answers to the question ‘how can we allocate health care resources fairly?’ are introduced and discussed. Both utilitarian and egalitarian approaches are found relevant, but both exhibit considerable theoretical and practical difficulties. Neither seems capable of solving the problem on its own. It is suggested that, for practical purposes, a version of Rawls' famous thought experiment might provide at least some enlightenment about which theoretical approach should be used to address the question.

Although the impact of market reforms in Swedish health care stands out as not very far-reaching in an international comparison, it represents a route away from the features and basic values normally associated with the Swedish or Scandinavian model. Summarizing the development over the last decades, we may identify signs of sustainability as well as change. Popular support for public provision and a robust institutional structure make far-reaching alterations of existing structures less feasible, although most visible changes this far—incremental though (...) they may be—represent a change in which the normative foundations of the Swedish model are challenged. (shrink)