Many studies have emphasized the importance of medical, insurance, and workplace systems treating individuals fairly in work disability prevention and return-to-work. However, ethical theories and perspectives from these different systems are rarely discussed in relation to each other, even though in practice these systems constantly interact. This paper explores ethical theories and perspectives that may apply to the WDP–RTW field, and discusses these in relation to perspectives attributed to dominant stakeholders in this field, and to potential differences in different jurisdictional (...) contexts. Literature was sought primarily in biomedical ethics, business ethics, and public administration ethics. In biomedical ethics, four ethical principles are dominant: autonomy, beneficence, nonmalevolence, and justice. Business ethics involve theories on Corporate Social Responsibility, social contracts, and organizational justice. Public administration ethics focus on constitutional theory, citizenship, social equity, virtue, and public interest. Several concepts were identified as relevant for ethical analyses in the WDP–RTW field, including justice; individual autonomy; nonmalevolence; economic and social responsibility; and social contracts. These concepts provide a vocabulary that may be used to analyze stakeholders’ actions and interactions in RTW processes. It was also noted how the power balance between stakeholders will influence which ethical perspectives will influence RTW. Jurisdictional differences that influence RTW processes with regard to stakeholder responsibilities were identified, as well as varying beliefs as to who is the client in different compensation systems. A social contractual approach may inform an analysis of cultural and legal differences. (shrink)

Is there a connection between the values of fraternity and outcome equality? Is inequality at odds with fraternity? There are reasons to doubt that it is. First, fraternity requires us to want our ‘brothers’ and ‘sisters’ to fare well even when they are already better off than we are and their doing better will increase inequality. Second, fraternity seems not to require equality as a matter of fairness. Fairness requires equality, but fraternity does not require fairness.In examining what fraternity requires (...) I discuss Rawls' suggestion that the difference principle corresponds to a natural meaning of fraternity, arguing that fraternity may be even more tolerant of inequality than the difference principle. Nevertheless, I defend the claim that fraternity and equality are linked, albeit not in such a way as to make inequality inconsistent with fraternity. Fraternity is related to equality since equalizing expresses the connectedness at the core of fraternity; but inequality is consistent with fraternity since there are other ways of expressing that connectedness. (shrink)

This study focuses on the cultural context of ethical decision making by considering the relationship between power distance and ethical judgment. Specifically, we propose that this relationship exists because of the influence of peers on ethical judgment and perceptions of justice. Considering the importance of peers in stage three of Kohlberg's model of moral development, we argue that peers are the basis for social comparisons, social cues and social identification and, hence, are critical to an individual's beliefs about justice. Using (...) scenarios developed by Reidenbach and Robin, data were collected from German and Italian graduate business students. Germany and Italy differ substantially in power distance, but not in the three other cultural dimensions of Hofstede. Results show that the ethical assessment of the respondents from the two countries differs when justice criteria are used. Theoretical and practical implications of the results are discussed. (shrink)

In this article we frame a set of important issues in the emerging field of Mind, Brain, and Education in terms of three broad headings: methods, models, and morality. Under the heading of methods we suggest that the need for synthesis across scientific and practical disciplines entails the pursuit of usable knowledge via a catalytic symbiosis between theory, research, and practice. Under the heading of models the goal of producing usable knowledge should shape the construction of theories that provide comprehensive (...) accounts of human learning and development spanning multiple levels of analysis. Under the heading of morality usable knowledge must be put to good use: Its application and dissemination ought to be infused with moral considerations gleaned from dialogue among all those potentially affected. Generally, the field should be shaped not only by its constituent scientific disciplines but also by its applications to education and learning. Thus we argue for the adoption of a kind of pragmatism that would be best actualized by building research-school collaborations between researchers and practitioners. (shrink)

Management scholars and social scientists investigate dynamics of subjective fairness perceptions in the workplace under the umbrella term “organizational justice.” Philosophers and ethicists, on the other hand, think of justice as a normative requirement in societal relationships with conflicting interests. Both ways of looking at justice have neither remained fully separated nor been clearly integrated. It seems that much could be gained and learned by more closely integrating the ethical and the empirical fields of justice. On the other hand, it (...) may simply not be possible to bridge the divide between the subjective empirical and the normative prescriptive justice as both fields pose different questions and rely on different assumptions and methods. In this paper, we propose a “reconciliation” model, as a third way of considering justice in the workplace, taking into account normative and psychological issues pertaining to justice. Through applying a reconciliation model, we provide a new way of looking at the interconnections between justice philosophy and organizational justice that could advance future research in both fields. Our model also implies that justice researchers can and should be concerned with the moral implications of their own subject of research. (shrink)

Justice and Health Care: Selected Essays collects, in a systematic but non-chronological fashion, ten of Buchanan’s most significant essays on justice and health care, written over a period of almost three decades. As the Obama administration continues to struggle to implement much-needed comprehensive health care reform in the hopes of controlling rising health care costs and extending affordable health care to over 46 million uninsured Americans, there could hardly be a more appropriate time to read Buchanan’s selected essays.

Near the end of his target article, Baron argues that we need to address the question of how to conduct education in consequentialist decision making. However, recent trends in education have deemphasized and denigrated decentered and decontextualized thought. It is argued here that perspective decentering and decontextualized thinking are absolutely essential to the development of consequentialist reasoning.

Some democratic theorists have argued that contemporary people should practice only a civility that recognizes others as equal persons, and eschew any form of deference to authority as a feudalistic cultural holdover that ought to be abandoned in the modern era. Against such views, this essay engages early Confucian views of ethics and society, including their analyses of different sorts of authority and status, in order to argue that, properly understood, deference is indeed a virtue of considerable importance for contemporary (...) democratic societies and the citizens who constitute them. (shrink)

The Author offers three interpretations of the Rawlsian conception of liberty. At the same time he compares this formal version of civil and political liberty with the substantive version produced by the republican theory of liberty. The first question is this: Can liberties be unequal? Here the liberal concept of liberty is discussed linking human will of liberty and equality. The second question is: Can liberties be equal when their respective values are not? The Author stresses the Rawlsian distinction between (...) liberty and the value of liberty showing the risk of reducing the less powerful to dependency. The third question is: Can political liberty be limited for the sake of personal liberties? From a republican perspective the answer to the Rawlsian instrumental conception of political liberty is that all personal liberties are necessarily founded on political liberty.*. (shrink)

During the education of scientists at the university level the students become more and more specialized. The specialization of the students is a consequence of the scientific research becoming specialized as well. In the interdisciplinary field of nanoscience the importance of specialization is also emphasized throughout the education. Being an interdisciplinary field of study the specialization in this area is not focused on scientific disciplines, but on the different branches of the research. Historically ethics has not been a priority in (...) science education, however, in recent years the importance of such teachings has been highly recognize especially in medicine, biotechnology and engineering. The rapid development, the many new and unknown areas and the highly specialized focus of nanotechnology suggest the importance of having ethically competent researchers. In this article the importance of ethical competence in nanoscience research is argued for by an example of a dilemma that could occur in a research project. The dilemma is analyzed using two different ethical views, generating two different choices for action. It is seen that the dilemma can have more than one solution and that ethical competence can help in justifying the choice of solution in a specific situation. Furthermore it is suggested that a way to reach this competence is through education in ethics incorporated into the nanoscience education curriculum. (shrink)

Reporters' use of government data bases can create problems with serving justice and maintaining privacy. Although there are many advantages to the new reporting tool, problems can arise when the information is inaccurate or is misused for purposes other than originally intended. The ethical question of maintaining privacy while ful-filling the political function of the media is discussed. Suggested guidelines are given.

From an evolutionary point of view, the function of moral behaviour may be to secure a good reputation as a co-operator. The best way to do so may be to obey genuine moral motivations. Still, one's moral reputation maybe something too important to be entrusted just to one's moral sense. A robust concern for one's reputation is likely to have evolved too. Here we explore some of the complex relationships between morality and reputation both from an evolutionary and a cognitive (...) point of view. (shrink)

We briefly review the recent literature on globalization, and present empirical evidence showing that economic globalization has been correlated with higher economic growth and lower poverty rates. We then evaluate the consequences of economic globalization in light of standards of commutative justice as Smith articulated, distributive justice as Rawls presented, and practical justice as Kolm explicated. This essay argues that economic globalization fulfills the requirements of all three species of justice.

The reception so far of Kitcher's Vaulting Ambition reminds me of the old saw about the difference between an optimist and a pessimist. Looking at the same glass of water, the former sees it as half full while the latter sees it as half empty. Some have seen Kitcher's book as a vindication of the possibility of an evolutionary science of human behavior; others have seen it as a devastating critique of the most influential efforts to date to construct such (...) a science. As in the joke about the water glass, both assessments have their point. Sociobiology is a research program, not a unified theory. What one can do is test particular hypotheses within this program and see whether they live up to reasonable standards of rigor and evidence. This is what Kitcher does, with great energy and care. (shrink)

(1998). Staging the self by performing the other: Global fantasies and the migration of the projective imagination 1. Cultural Values: Vol. 2, No. 2-3, pp. 288-304.

Are there normative reasons for love? More specifically, is it possible to rationally justify love? Or can we at best provide explanations for why we love? In Part I of this entry, I discuss the nature of love, theories of emotion, and what it takes to justify an attitude. In Part II, I provide an overview of the various positions one might take on the rational justification of love. I focus on the debate between defenders of the no-reasons view and (...) the reasons view. Along the way, I discuss the significance of falling in love, the problem of trading up, and the notion of irreplaceability. I evaluate attempts to justify love based on the intrinsic and the relational properties of the beloved. (shrink)

The disability rights movement (DRM) has often been closely associated with the liberal values of individual choice and independence, or the ‘ethics of agency’, where enhancing the capacity to make autonomous decisions in various policy and practice-based contexts is said to facilitate disabled people's well-being. Nevertheless, other liberal values are derived from what will be termed here the ‘ethics of self-acceptance’. The latter is more disguised in liberalism and the DRM, as rather than emphasising the capacity to make autonomous decisions, (...) self-acceptance focuses on the positive acceptance of individual limitations, but again to enhance well-being. The further argument is that while the ethics of agency and self-acceptance often logically cohere and overlap, through promoting the values of self-respect and relational autonomy, dilemmas arise from our asymmetrical, or uneven, dispositions towards time, and present and future lives and experiences. For example, positively accepting individual limitations allows for a present-oriented immersion in ‘the moment’, but which often requires some suspension of future-oriented goals and aspirations. Understanding some of the implications of this asymmetry, and the dilemmas arising from it, provide important insights concerning approaches to physical and intellectual impairments and the subsequent debates within the DRM, social policy and welfare practice. (shrink)

The moral complexity surrounding intervention is influenced by a broad spectrum of both ethical and practical assumptions and considerations.

In international law, ‘humanitarian intervention’ refers to the use of military force by one nation or group of nations to stop genocide or other gross human rights violations in another sovereign nation. If humanitarian intervention is conceived as military in nature, it makes sense that only the most horrible, massive, and violent violations of human rights can justify intervention. Yet, that leaves many serious evils beyond the scope of legal intervention. In particular, violations of women's rights and freedoms often go (...) unchecked. To address this problem, I begin from two basic questions: When are violations of human rights sufficiently serious to require an international response of some sort? What should that response be? By re-orienting the aim and justification of international law to focus on individual autonomy rather than on peace between nations, I argue that women's rights violations other than genocide and mass rape can warrant intervention. Military intervention is often counter-productive to the aim of achieving autonomy, however. I suggest a range of responses to human rights violations that includes military intervention as one end of the spectrum, and combine this with a greater understanding of the scope of human rights violations that require international response. (shrink)

Recently, the idea that human beings may be totally egoistic has resurfaced in philosophical and psychological discussions. But many of the arguments for that conclusion are conceptually flawed. Psychologists are making a conceptual error when they think of the desire to avoid guilt as egoistic; and the same is true of the common view that the desire to avoid others’ disapproval is also egoistic. Sober and Wilson argue against this latter idea on the grounds that such a desire is relational, (...) but a deeper reason stems from the fact that it places such intrinsic importance on other human beings. And other basic human desires, like the desire for love, the desire for revenge, the impulse to imitate others, and the desire to belong, also treat others as important and on those grounds cannot count as egoistic. Another line of recent argument for egoism stems from the work of Robert Cialdini et al., and claims that the way we identify and feel one with those other people we empathize with and seek to help shows us to be thinking of those others as part of or identical with ourselves. This is supposed to show that our putative altruism is basically self-centered and egoistic, but Cialdini arguably misinterprets what we mean when we speak of feeling one with someone else, and the phenomena he mentions don’t therefore stand in favor of psychological egoism. More generally, many of the positive and negative emotions we feel toward others are best interpreted as non-egoistic, and there is no reason at this point to doubt that humans are capable of altruistic motivation. (shrink)

In The Righteous Mind, Jonathan Haidt claims that liberals have a narrower moral outlook than conservatives—they are concerned with fairness and relief of suffering, which Haidt sees as individualistic values, while conservatives care about authority and loyalty too, values concerned with holding society together. I question Haidt’s methodology, which does not permit liberals to express concerns with social bonds that do not fit within an ‘authority’ or ‘loyalty’ framework and discounts people who support liberal positions but do not self-ascribe as (...) liberals. I also argue that of the six ‘moral foundations’, fairness and relief of suffering are more fundamental values than authority and loyalty, which are virtues only if their objects are worthy. Moral education programs must also encourage students to recognize some values as more urgent than others, and permit inquiry into the actual reasons for political behavior other than professed value commitments. (shrink)

Many countries encourage immigration, yet almost without exception they impose medical conditions on the admissibility of prospective immigrants. This paper examines the ethical defensibility of this practice. It argues that the neighbourhood principle, which states that we owe a greater duty to neighbours than to strangers, when properly understood, extends to all human beings, that economic and safety considerations play only a limited role in ethically underwriting an exclusionary policy, and that medical immigration criteria should be harmonized with treatment eligibility (...) criteria for citizens of the relevant countries themselves. (shrink)

During the last decade, scholars have identified a number of factors that pose significant challenges to effective business ethics education. This article offers a "coping-modeling, problem-solving" (CMPS) approach (Cunningham, 2006) as one option for addressing these concerns. A rationale supporting the use of the CMPS framework for courses on ethical decisionmaking in business is provided, following which the implementation processes for this program are described. Evaluative data collected from N = 101 undergraduate business students enrolled in a third year required (...) course on ethical decision-making in business indicated that the CMPS model is a promising alternative for both overcoming teaching challenges and for facilitating skill acquisition in the areas of ethical recognition, judgment, and action. Limitations and directions for future research are discussed. (shrink)

Demographischer Wandel und medizinischer Fortschritt haben zur Folge, dass immer mehr Patienten außerstande sind, selbstbestimmt über eine medizinische Behandlung zu entscheiden. Dann sind andere gefordert, unter Berücksichtigung von Wohl und Willen des Patienten stellvertretend zu entscheiden. Dabei bieten sich drei Entscheidungskriterien an: Paternalismus, substitutive Autonomie (mutmaßlicher Wille) und prospektive Autonomie (vorausverfügter Wille). Keines dieser Kriterien garantiert für sich genommen eine optimale Entscheidung. Realistisch ist nur ein integratives Modell, das diese Kriterien pragmatisch verbindet. Je klarer im Einzelfall die Evidenz für den (...) autonomen Patientenwillen ist, desto mehr Gewicht sollte ihm eingeräumt werden. Dabei lassen sich konkrete Schritte benennen, wie die Evidenz für eine autonome Willensbekundung beurteilt werden kann. Obgleich stellvertretende Entscheidungen in der medizinischen Praxis oft von Ärzten, professionellen Betreuern und Richtern getroffen werden, gibt es überzeugende Gründe für die These, dass der nächste Angehörige am besten geeignet ist, prima facie als stellvertretender Entscheidungsträger zu fungieren. (shrink)

Liberalism faces a tension between its commitment to minimal interference with individual liberty and the urgent need for strong collective action on global climate change. This paper attempts to resolve that tension. It does so on the one hand by defending an expanded model of collective moral responsibility, according to which a set of individuals can be responsible, qua ?putative group?, for harm resulting from the predictable aggregation of their individual acts. On the other, it defends a collectivized version of (...) the harm principle. The claim is that the collectivized principle pushes the burden of argument, against coercively enforced measures to curtail climate change and compensate its victims, onto the global elite collectively responsible for environmental harms. Some such potential arguments are briefly considered and rejected. (shrink)

As the increasing loss of ecosystem services severely affects life perspectives of today's poor and future populations, governing access to, and use of, ecosystem services in an intragenerational and intergenerational just way is an urgent issue. The author argues that theories of distributive justice should consider the distribution of access rights to ecosystem services. Three specific demands that a theory of distributive justice should fulfill to adequately cope with the distribution of access rights to ecosystem services, and show that Rawls??A (...) Theory of Justice? can be consistently extended to meet the identified demands. (shrink)

T. M. Scanlon has alleged that the social practice of promising fails to capture the sense in which when I break my promise I have wronged the promisee in particular. I suggest the practice of promising requires the promisee to have a normatively significant status, a status with interpersonal authority with respect to the promisor, and so be at risk of a particular harm made possible by the social practice of promising. This formulation of the social practice account avoids Scanlon’s (...) concern without collapsing into what Elinor Mason has recently referred to as deflationism about promising. (shrink)

To promise someone to do something is to commit oneself to that person to do that thing, but what does that commitment consist of? Some think a promissory commitment is an obligation to do what’s promised, and that while promising practices facilitate the creation of promissory obligations, they are not essential to them. I favor the broadly Humean view in which, when it comes to promises (and so promissory obligations), practices are of the essence. I propose the Practice Reason Account (...) of promises, according to which a promise is basically to give oneself a self-interested practice reason to do what’s promised. One achieves this feat by invoking self-enforcing independent practice rules thanks to which one’s doing what’s promised preserves one’s promissory trust(worthiness) and promising power. However, nothing in this account supports the Hume-Rawls claim that promise-keeping or promise-breaking is right just when and because it conforms to practice rules that are justified by their good- or right-making properties. (shrink)

This paper addresses an important multi-disciplinary issue of current interest, that is, the implications of technological design for fairness. A visual, graphical methodology centered on the Taylor-Russell diagram is proposed to address this issue. The Taylor-Russell diagram helps to identify and explore ways in which predictions built into designs can pit the interests of different constituencies against one another. The configuration of the design represents a trade-off between the interests of the communities involved. Whether or not the trade-off is appropriate (...) constitutes a problem of fairness or distributive justice. The breadth of this methodology is supported by a diversity of examples analyzed. These include a surveillance system, an automotive safety system, a civic information system, and the international food distribution system. These examples provide models for application of the methodology to the analysis of designs in further areas of concern. Limitations of the methodology are also discussed. While it helps to identify and clarify issues of fairness in technology design, the methodology does not provide a general theory of fairness, nor can it provide fair solutions to such issues without appeal to further principles or concepts. (shrink)

In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of an (...) individual’s human rights under specified conditions has certain similarities to the punishment by states of an individual who holds a right not to be punished. Along the way, I highlight the normative implications of defining a human right not to be punished under both generalist and specificationist perspectives on moral rights. Noting the similarities as well as the differences in the concepts of punishment and derogation, this essay aims to contribute to the exchange between theories of human rights and the criminal law. (shrink)