Justificatory defenses apply to actions that are generally wrong and illegal—mainly since they harm people—when they are justified—usually since they prevent harm to others. A strict conception of justification limits justificatory defenses to actions that reflect all pertinent principles in the optimal manner. A more relaxed conception of justification applies to actions that do not reflect all pertinent principles optimally due to mistake but are not too far from this optimum. In the paper, I consider whether justificatory defenses should reflect (...) the strict conception of justification or a more relaxed conception of justification. This question is important since often the relevant actions are not strictly justified, while the alternative of an excuse is frequently irrelevant or does not provide an appropriate solution. Reflection on this question raises the following dilemma: On the one hand, the strict interpretation seems too harsh, especially with regard to legal liability. On the other hand, it is difficult to explain the basis for a more relaxed conception of justification. I conclude, first, that justification—and accordingly wrongfulness—is a matter of degree and that the strictly justified action is merely the peak of a continuum, and, second, that a practical reaction is in place only with regard to actions whose wrongness is above a minimal threshold. (shrink)

The paper considers a hierarchical theory that combines concern for two values: individual well-being – as a fundamental, first-order value – and (distributive) fairness – as a high-order value that its exclusive function is to complete the value of individual well-being by resolving internal clashes within it that occur in interpersonal conflicts. The argument for this unique conception of high-order fairness is that fairness is morally significant in itself only regarding what matters – individual well-being – and when it matters (...) – in interpersonal conflicts in which constitutive aspects of individual well-being clash. Consequently, the proposed theory is not exposed to claim that fairness comes at the expense of welfare. This theory is considered within a consequential framework, based on the standard version and, alternatively, on a novel interpretation of consequentialism. Thus, it refutes the claim that consequentialism does not take the distinction between persons seriously. (shrink)

Abstract: We are all familiar with the way in which social roles, such as mother, father, professor, club football coach, citizen, and so on, confront us with clusters of duties that purport to bind us. Though we generally experience these role-duties as normatively binding, we might question this. What reason do role-occupants have for conforming to the duties that define their roles? I argue that the agent who identifies with her role thereby has a weighty and important justificatory reason for (...) conforming to the role's defining duties: namely, the identifying agent realizes the fundamental goods of meaning and self-determination by doing so. This is an important normative ground of role-duties because it, unlike the grounds of natural duty or voluntary assumption, ensures that the duties it grounds are not alien impositions but rather are elements of the identifying agent's wellbeing. I also argue that role-identification provides a reason that shares many of the characteristics of a moral reason, and I argue that role-identification in tandem with the principle of fair play grounds a moral duty to conform to one's role-duties. (shrink)

Despite the fact that most of us value integrity, and despite the fact that we readily understand one another when we talk and argue about it, integrity remains elusive to understand. Considerable scholarly attention has left troubling disagreement on fundamental issues: Is integrity in fact a virtue? If it is, what is it a virtue of? Why exactly should we value integrity? What is the appropriate way to have concern for one’s own integrity? Is having integrity compatible with having significant (...) moral flaws? After an overview of common ‘data points’ or platitudes concerning integrity, this article outlines six distinct views of integrity that have been defended and draws attention to problems each has accommodating these data points. (shrink)

The National Science Foundation's Second Merit Criterion, or Broader Impacts Criterion , was introduced in 1997 as the result of an earlier Congressional movement to enhance the accountability and responsibility as well as the effectiveness of federally funded projects. We demonstrate that a robust understanding and appreciation of NSF BIC argues for a broader conception of research ethics in the sciences than is currently offered in Responsible Conduct of Research training. This essay advocates augmenting RCR education with training regarding broader (...) impacts. We demonstrate that enhancing research ethics training in this way provides a more comprehensive understanding of the ethics relevant to scientific research and prepares scientists to think not only in terms of responsibly conducted science, but also of the role of science in responding to identified social needs and in adhering to principles of social justice. As universities respond to the mandate from America COMPETES to “provide training and oversight in the responsible and ethical conduct of research”, we urge institutions to embrace a more adequate conception of research ethics, what we call the Ethical Dimensions of Scientific Research, that addresses the full range of ethical issues relevant to scientific inquiry, including ethical issues related to the broader impacts of scientific research and practice. (shrink)

“Smallpox was always present, filling the churchyard with corpses, tormenting with constant fear all whom it had not yet stricken, leaving on those whose lives it spared the hideous traces of its power, turning the babe into a changeling at which the mother shuddered, and making the eyes and cheeks of the betrothed maiden objects of horror to the lover.” In 1848, British historian T.B. Macaulay first captured the picture of the devastation smallpox wreaked on its victims, but the “King (...) of Terrors,” as it was dubbed by future president John Adams, had already decimated populations in the ancient world from Greece to Egypt to China. Smallpox had no respect for authority: the earliest identified victim, Pharaoh Ramses V was but the first in a long line of monarchs and rulers who succumbed,. including the Hittite king Suppiluliumas I, Aztec Emperor Cuitlahuac, and Queen Mary II of England. (shrink)

Can one give an account of a perfectly just society without invoking principles governing our responses to injustice? My claim is that addressing this question puts us in a position to reveal ambiguities and problems with the way in which Rawls draws the ideal/nonideal theory distinction that have so far gone unnoticed. In the first part of my paper, I demonstrate that Rawls’s original definition of the ideal/nonideal theory distinction is ambiguous as it is composed of two different conceptual distinctions, (...) before clarifying the distinctions involved, paying particular attention to the unfamiliar distinction between primary and secondary principles. I then show that we can best account for what Rawls is actually doing at the level of ideal and nonideal theory by invoking this distinction between primary and secondary principles. This result sets the stage for my argument in the second part. I first explain why Rawls does not have access to an understanding of the strict compliance condition that can account for the irrelevance of secondary principles for a complete account of the principles regulating a perfectly just basic structure. I then point out that there is a tension between what Rawls claims to be doing at the level of ideal theory and what he is actually doing at the level of ideal theory. On this basis, I argue that Rawls’s ideal conceptions of justice are incomplete because they do not encompass secondary principles. The Conclusion unpacks the contributions this article makes to the ideal/nonideal theory debate. (shrink)

The paper clarifies what is at stake in the theory/antitheory debate in ethics and articulates the distinctive core of the method of reflective equilibrium which distinguishes it from a generic coherence constraint. I call this distinctive core 'maieutic reflection'. The paper then argues that if she accepts constructivist views in metaethics, a proponent of the method of reflective equilibrium will be committed to the existence of a moral theory.

Der Aufsatz widmet sich dem Wohlfahrtseffekt öffentlicher Ausgaben unter besonderer Berücksichtigung der Bereiche Gesundheitswesen und Bildungswesen. Ausgangspunkt ist die Feststellung des bemerkenswert geringen Ertrags hoher Aufwendungen für öffentliche Gesundheit, der insbesondere im Vergleich von Ländern mit teils deutlich variierenden Gesundheitsbudgets auffällt. Da das Gesundheitswesen aufgrund der Opportunitätskostenproblematik mit anderen Bereichen sozialpolitischer Sicherheitsgewähr um knappe öffentliche Mittel konkurriert, ist darauf zu achten, dass deren Allokation bestmöglich optimiert wird. Im deutschen Fall mit seinem ungewöhnlich hohen Anteil öffentlicher Gesundheitsausgaben legt das eine Verschiebung (...) der Prioritäten zugunsten des Bildungswesens nahe, wofür neben potentiellen Verbesserungen des Gesundheitsstatus der Bevölkerung und funktionalen, die gesellschaftliche Integration betreffenden Erwägungen auch solche der sozialen Gerechtigkeit sprechen. Ein Programm zur Reformierung des Gesundheitswesens, das diesen Leitlinien folgt, wird skizziert. (shrink)

Abstract: The natural lottery is a metaphor about the way luck affects the allocation of personal attributes, talents, skills, and defects. Susan Hurley has argued that it is incoherent to regard individual essential properties (IEPs) as a matter of lottery luck. The reason is that a lottery of identity-affecting properties generates the ‘non-identity problem’. For this reason among others she suggests substituting lottery luck with ‘thin luck’, i.e. luck as non-responsibility, which would allow us to coherently regard IEPs as a (...) matter of luck.I argue that we are not not-responsible for our IEPs. Therefore, the coherent range of ‘thin luck’ is not broader than that of lottery luck. Moreover, justice theorists need to be worried about the non-identity problem only to the extent that IEPs affect life prospects and it is far from evident that they do. After addressing some connected aspects of Hurley's analysis, I discuss the type of reasons that justify seeking to expand domain of justice and the ways of doing this, for instance by abandoning lottery luck. I close by suggesting, however, that if Parfit's view of ‘what matters about identity’ is correct, its application to the case of identity-affecting lotteries may prove the expansion of the domain of justice superfluous, as IEPs belong to it as it is. (shrink)

Roemer's attempt to undermine the normative reasons that Marxists have thought exploitation important (domination, alienation, and inequality) is vitiated by several crucial errors. First, Roemer ignores the dimension of freedom which is Marx's main concern and replaces it with an interest in justice, which Marx rejected. This leads him to misconstrue the nature of exploitation as Marx understands it. Second, his procedure for disconnecting these evils from exploitation, or denying their importance, involves the methodological assumption that exploitation must strictly imply (...) these evils. He thus fails to see that exploitation may 'cause' domination, alienation, and inequality; this assumption and the focus on justice also lead him to overlook the sort of alienation that is most important to Marx and the way exploitation, as Marx understands it, does imply coercion. Roemer's alternative conception of exploitation thus fails to capture basic Marxist normative and explanatory concerns. But Roemer's insistence on the importance of justice and the need for an articulated alternative to capitalism are a necessary supplement to a Marxist account. (shrink)

In many industrialized countries ethicists and lawyers favour advance directives as a tool to guarantee patient autonomy in end-of-life-decisions. However, most citizens seem reluctant to adopt the practice; the number of patients who have an advance directive is low across most countries. The article discusses the key argument for seeing such documents as an instrument of self-interpretation and life-planning, which ultimately have to be interpreted by third parties as well. Interpretation by third parties and the process of self-reflection are conceptually (...) linked by a qualitative concept of identity. Identity is conceived here as constructed in a processual dialogue between a personal and a cultural perspective. How the cultural dimension comes into play in understanding the motivation, rejection or content of wished for end-of-life-decisions, is shown by a brief review of empirical and cultural studies. Understanding advance directives as a culturally embedded tool of self-interpretation should help to overcome urgent moral problems in clinical settings: how to interpret such documents, how to deliberate on the content and on the best form. (shrink)

In this article, I develop and defend a prioritarian principle of justice for the distribution of educational resources. I argue that this principle should be conceptualized as directing educators to confer a general benefit, where that benefit need not be mediated by improved academic outcomes. I go on to argue that it should employ a metric of all-things-considered flourishing over the course of the student's lifetime. Finally, I discuss the relationship between my proposed prioritarian principle and the meritocratic principle that (...) it is presumed to supplement. (shrink)

Soldiers encounter extremely difficult ethical dilemmas during wars, as they must make decisions about how to follow the laws of war and their rules of engagement while still protecting themselves and accomplishing their missions. Scholarship on just war theory and military ethics generally describe soldiers' dilemmas as being ethical challenges that soldiers can overcome by using the correct ethical reasoning process. However, this essay argues that some of the apparent ethical dilemmas that soldiers confront are actually ethically insoluble dilemmas that (...) cannot be solved using ethical reasoning processes. Dilemmas are ethically insoluble when soldiers do not have sufficient knowledge of a situation or control over it to apply an ethical decision procedure. In these situations soldiers must guess at the right course of action and leave the outcome to luck. (shrink)

It may be that the process of socialization is generally thought to depend upon the development of the slave consciousness. It appears that at present the type of indoctrination a child receives when he or she is socialized by parents and teachers is the general way in which a society makes sure it transmits its values from one generation to the next. If this is so, the analysis of the slave consciousness we have been pursuing would fundamentally call into question (...) the benefits that are to be expected from this most pervasive and fundamental social practice. The development of the heteronomous conscience does not simply guarantee that the citizen will comply with the standards of society; it also guarantees that individuals will develop (some to a greater extent than others) such socially disruptive attitudes as a revengeful sense of justice and a psychological predisposition toward envy. Furthermore, given the massive amounts of social inequality and injustice characterizing many contemporary societies, the combination of economic and psychological factors almost guarantees a tacit or explicit level of frustration which will often erupt into violence. This violence is senseless, repeated, and pervasive because it is nothing but the nourishment needed by the slave consciousness to maintain itself in power. Exploitation, murder, rape, war, the nuclear weapons contest, the polarization of groups against each other, etc., are manifestations of a consciousness that always has to outdo itself vis-à-vis the other. As Nietzsche (1966, p. 140) observed, “Thus the will, the liberator, took to hurting; and on all who can suffer, it wreaks revenge for its inability to go backward [to a condition of autonomy].” With the liberation of imagination and memory, and a combined dedication to fighting all forms of social injustice, however, one can begin to transform society in ways that will confirm rather than deny the human aspiration for harmony and freedom. (shrink)

If philosophical moral reflection improves moral behavior, one might expect ethics professors to behave morally better than socially similar non-ethicists. Under the assumption that forms of political engagement such as voting have moral worth, we looked at the rate at which a sample of professional ethicists—and political philosophers as a subgroup of ethicists—voted in eight years’ worth of elections. We compared ethicists’ and political philosophers’ voting rates with the voting rates of three other groups: philosophers not specializing in ethics, political (...) scientists, and a comparison group of professors specializing in neither philosophy nor political science. All groups voted at about the same rate, except for the political scientists, who voted about 10–15% more often. On the face of it, this finding conflicts with the expectation that ethicists will behave more responsibly than non-ethicists. (shrink)

Abstract 1 This paper makes a preliminary case for a central and radical claim. I begin with Bernard Williams? seldom-faced argument that integrity cannot be a moral virtue because it lacks two key ingredients of moral virtues, namely a characteristic thought and motivation. Whereas, for example, generosity involves the thought that another could use assistance, and the motivation to actually give assistance, integrity lacks these two things essential to morally excellent responses. I show that several maneuvers aimed at avoiding Williams? (...) challenge fail and that others are likely to remain unpersuasive. The paper concludes by offering an argument to the best explanation: Williams? important insight is best explained by the supposition that integrity is an epistemic virtue, and an epistemic virtue of a practical sort. (shrink)

In this paper, we examine different forms of altruism. We commence by analysing the definition and, after clarifying its conditions for altruism, we argue that it is not in with everyday linguistic usage of the term. We therefore consider a definition, which we likewise refine, and argue that it better reflects ordinary language use. Both behavioural and psychological approaches define altruism descriptively and thus fail to capture an important aspect of altruism, namely its normative component. Altruism, we argue, is a, (...) i.e. one which embodies both positive and normative components. We discuss and compare various formulations of this normative component. (shrink)

David Brady argues that low European poverty rates are a result of the welfare state. His finding relies on a relative measure of poverty, according to which the threshold for being poor differs across countries. Using the American poverty threshold as a fixed measure, though, Western Europe has a poverty rate of 18 percent, higher than that of the United States. Moreover, Brady's thesis that welfare-state spending explains cross-country differences in inequality does not take account of the problem of reverse (...) causality. Historically, welfare states developed in homogeneous nations that started out with higher levels of social capital and lower inequality. Scandinavia, for example, had unusually low poverty rates a century ago, and even today Americans with Scandinavian ancestry exhibit a poverty rate no higher than that in Scandinavia. Since poverty, social capital, population homogeneity, and the size of the welfare state relate in multiple ways to each other, we cannot rely on cross-country correlations to isolate the causal effect of the welfare state on poverty rates. (shrink)

In the practice of education and educational reforms today ‘meritocracy’ is a prevalent mode of thinking and discourse. Behind political and economic debates over the just distribution of education benefits, other kinds of philosophical issues, concerning the question of democracy, await to be addressed. As a means of evoking a language more subtle than what is offered by political and economic solutions, I shall discuss Ralph Waldo Emerson's idea of perfectionism, particularly his ideas of the ‘gleam of light’ and ‘genius’, (...) as an alternative mode of thinking of human power. Through this Emersonian lens, a provocative shift will be made from meritocracy and ‘mediocracy’ to aristocracy. Emersonian aristocracy destabilizes balanced measures and prevailing discourse about fairness and justice, and makes us reconsider how to achieve a just society in democracy. As an educational implication, I shall propose the idea of citizenship without inclusion—a vision of education for a democratic society in which we learn to live as and with the Great Man. (shrink)

This paper wishes to problematize the foundations of production governance and offer an analytical perspective on the interrelation between agents’ preferences, strategic choice, and the public sphere . The value is in the idea of preferences being social in nature and in the application both to the internal stakeholders of the organisation and its impacts on people outside. Using the concept of ‘strategic failure’ we suggest that social preferences reflected in deliberative social praxis can reduce false beliefs and increase individual (...) wellbeing. From this approach, the paper offers a taxonomy of production organisations, based on social preferences about two variables: the governance form other strategic decisions that characterize the management of a company at a more operational level, once its fundamental legal form has been chosen. Each dimension is then categorised alongside two basic preferences: towards inclusion or exclusion of ‘publics’ that have no substantial access to decision power about these variables. Our framework explains governance heterogeneity by contrasting exclusive and inclusive social preferences in cooperatives, social enterprises, as well as traditional corporations. A discussion of the evolution of social preferences and organizational forms is addressed through examples and regional experiences. (shrink)

Recent work on consequentialism has revealed it to be more flexible than previously thought. Consequentialists have shown how their theory can accommodate certain features with which it has long been considered incompatible, such as agent-centered constraints. This flexibility is usually thought to work in consequentialism’s favor. I want to cast doubt on this assumption. I begin by putting forward the strongest statement of consequentialism’s flexibility: the claim that, whatever set of intuitions the best nonconsequentialist theory accommodates, we can construct a (...) consequentialist theory that can do the same while still retaining whatever is compelling about consequentialism. I argue that if this is true then most likely the non-consequentialist theory with which we started will turn out to have that same compelling feature. So while this extreme flexibility, if indeed consequentialism has it (a question I leave to the side), makes consequentialism more appealing, it makes non-consequentialism more appealing too. (shrink)

John Rawls argued that democracy must be justifiable to all citizens; otherwise, a democratic society is oppressive to some. In A Pragmatist Philosophy of Democracy (), Robert B. Talisse attempts to meet the Rawlsian challenge by drawing from Charles S. Peirce's pragmatism. This article first briefly canvasses the argument of Talisse's book and then criticizes its key premise concerning (normative) reasons for belief by offering a competing reading of Peirce's “The Fixation of Belief” (). It then proceeds to argue that (...) Talisse's argument faces a dilemma: his proposal of epistemic perfectionism either is substantive and can be reasonably disagreed about or is minimal but insufficient to ground a democratic society. Consequently, it suggests that the Rawlsian challenge can only be solved by abandoning Rawls's own notion of reasonableness, and that an interesting alternative notion of reasons can be derived from Peirce's “Fixation.”. (shrink)

Does modern evolutionary theory (specifically Darwinism) pose a problem for the Christian's thinking about morality? It certainly poses threats for those who would argue that certain practices are wrong because they are “unnatural.” Liberal Christians can probably get around these questions. But at a deeper level, despite superficial similarities between its conclusions and the Love Commandment, Darwinism points to an essential relativism about morality, thereby striking at the very core of all Christian thought on moral behavior. Thus, those who are (...) worried about the clash between science and religion have good reasons for their worries. (shrink)

Evolutionary ethics has a bad reputation. But we must not remain prisoners of our past. Recent advances in Darwinian evolutionary biology pave the way for a linking of science and morality, at once more modest yet more profound than earlier excursions in this direction. There is no need to repudiate the insights of the great philosophers of the past, particularly David Hume. So humans’ simian origins really matter. The question is not whether evolution is to be linked to ethics, but (...) how. (shrink)

Does Darwinism generally, and human sociobiology in particular, lead to an unwarranted (and possibly socially offensive) determinism? I argue that one must separate out different senses of determinism, and that once one has done this, a Darwinian approach to human nature can be seen to shed important light on our intuitions about free will, constraint, and control.

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

What constitutes numerically one and the same tradition diachronically, at different times? This question is the focus of often violent dispute in societies. Is it capable of a rational resolution? Many accounts attempt that resolution with a diagnosis of ambiguity of the disputed concept-Islam, Marxism, or democracy for example. The diagnosis offered is in terms of vagueness, namely the vague criteria for sameness or similarity of central beliefs and practices.

This paper offers a novel ‘changing places’ account of identification in games, where the consequences of role swapping are crucial. First, it illustrates how such an account is consistent with the view, in classical game theory, that only outcomes (and not pathways) are significant. Second, it argues that this account is superior to the ‘pooled resources’ alternative when it comes to dealing with some situations in which many players identify. Third, it shows how such a ‘changing places’ account can be (...) used in games where some of the players identify with one another, but others do not. Finally, it illustrates how the model can handle the notion that identification comes in degrees. (shrink)

Abstract Two features of human?rights discourse are often targeted for criticism: its universalism and its individualism. Both features, it is usually claimed, illegitimately overlook the significance of cultural diversity. In this essay I argue that individualism is incompatible with universalism and compatible with cultural diversity. Thus I defend the view that human rights are individualistically justified, and I argue that it follows from this that human rights are in an important sense non?universal. I go on to show how my non?universalist (...) conclusion can provide the basis for a retort to those who appeal to facts about cultural diversity in order to criticise human rights discourse. (shrink)

The paper considers the morality of nuclear energy development as it concerns future people, especially the creation of highly toxic nuclear wastes requiring long?term storage. On the basis of an example with many parallel moral features it is argued that the imposition of such costs and risks on the future is morally unacceptable. The paper goes on to examine in detail possible ways of escaping this conclusion, especially the escape route of denying that moral obligations of the appropriate type apply (...) to future people. The bulk of the paper comprises discussion of this philosophical issue, including many arguments against assigning obligations to the future drawn both from analyses of obligation and from features of the future such as uncertainty and indeterminacy. A further escape through appeal to moral conflict is also considered, and in particular two conflict arguments, the Poverty and Lights?going?out arguments are briefly discussed. Both these escape routes are rejected and it is concluded that if the same standards of behaviour are applied to the future as to the present, nuclear energy development is morally unacceptable. (shrink)

The 2009 pandemic of influenza A was relatively mild, but a subsequent outbreak of pandemic influenza could be much worse. According to projections from the Department of Health and Human Services, the potential health consequences of a severe influenza pandemic in the United States could be literally overwhelming: up to 1.9 million deaths; 90 million people sick; 45 million people needing outpatient care; 9.9 million people hospitalized, of whom 1.485 million would need treatment in an intensive care unit ; and (...) 742,500 patients needing mechanical ventilators. Even a less cataclysmic, moderate pandemic would result in 209,000 deaths; 90 million people sick; 45 million people needing outpatient care; 865,000 people hospitalized, of whom 128,750 would need treatment in an ICU; and 64,875 patients needing mechanical ventilators. (shrink)

According to the orthodox view, it is impossible to know how different people's preferences compare in terms of strength and whether they are interpersonally comparable at all. Against the orthodox view, Donald Davidson (1986, 2004) argues that the interpersonal comparability of preferences is a necessary condition for the correct interpretation of other people's behaviour. In this paper I claim that, as originally stated, Davidson's argument does not succeed because it is vulnerable to several objections, including Barry Stroud's (1968) objection against (...) all transcendental arguments of a 'strong' kind. However, I argue that Davidson's strategy can still achieve results of anti-sceptical significance. If we reformulate Davidson's argument as a 'modest' transcendental argument and if we embrace an 'internal' account of epistemic justification, it is in fact possible to have at least justified beliefs about how different people's preferences compare in terms of strength and about their interpersonal comparability. (shrink)

(2010). International Research and Positive Obligations: Are They “Transaction Specific”? The American Journal of Bioethics: Vol. 10, No. 6, pp. 49-51.

For many years a debate has raged over what constitutes futile medical care, if patients have a right to demand what doctors label as futile, and whether physicians should be obliged to provide treatments that they think are inappropriate. More recently, the argument has shifted away from the difficult project of definitions, to outlining institutional policies and procedures that take a measured and patient-by-patient approach to deciding if an existing or desired intervention is futile. The prototype is the Texas Advance (...) Directives Act, but similar procedures have been widely implemented both with and without the protection of the law. While this method has much to recommend it, there are inherent moral flaws that have not received as much discussion as warranted. Because these strategies adopt a semblance of procedural justice, it is assumed that the outcomes of such proceedings will be both correct and fair. In this paper, I argue that there are three main irremediable defects in the policy approach: there is the potential for arbitrary decision-making about futility in specific cases; there are structural, pre-ordained consequences for ethnic minorities who would be disproportionately affected by the use of these procedures; and the use of rationing justifications to support the use of these policies. These flaws detract so much from any benefit that could be derived that they make such strategies more harmful than helpful. (shrink)

This article analyses supplier-buyer relationships where the suppliers adapt to the buyers' needs and expectations to gain mutual advantages. In some cases, such closely knit relationships lead to violations of the autonomy of one or both partners. A concept of corporate autonomy (CA) is developed to analyze this problem. Three different facets can be distinguished: rule autonomy, executive autonomy, and control autonomy. A case study of Mattel's problems with lead-contaminated toys produced in China shows that the CA of buyer and (...) supplier can be restricted as a result of a dysfunctional partnership involving a moral dilemma. (shrink)

The crisis of 2008–2009 has been viewed primarily as a financial one, which has spilled over into the economy more generally. I want to argue that there is a much deeper crisis, of which the present one is a result. The deeper crisis is political: more specifically, it is a crisis in the ideology and social ethos of the American people. I refer to what has happened to the thinking of United States citizens since the Second World War, and the (...) dangers that that transformation entails for world peace and cooperation—let alone the creation of an economic regime in which deep financial crises do not occur. Short of a change in the ideology of a many of its citizens, I do not believe the United States can succeed in preventing a repeat performance, perhaps many encores, which become increasingly severe. (shrink)

In the first part of this paper, I discuss the different kinds of objectivity; general and legal objectivity more specifically. In the second part, I endeavour to explain the two main views that have been advanced to answer four core questions on legal objectivity. The first is whether moral and legal values are objective. Second, what is the nature of the relationship between legal and moral values? The third is whether, due to the specific nature of law, we should consider (...) a domainspecific conception of objectivity for legal values. The fourth concerns whether there is a correspondence between legal values and legal facts. What is the explanation of the platitudes about the nature of law such as that law is reasongiving, normative or authoritative in character? In other words, do legal facts have a place in our 'disenchanted' or naturalistic (in the scientific sense) understanding of the world. In the final section of this paper, I evaluate naturalism and nonnaturalism in law and consider the future of the debate and its relevance for understanding the connection between law, morality and legal normativity. (shrink)