Conflicting answers to the question of what principles of justice are for may generate very different ways of theorizing about justice. Indeed divergent answers to it are at the heart of G. A. Cohen's disagreement with John Rawls. Cohen thinks that the roots of this disagreement lie in the constructivist method that Rawls employs, which mistakenly treats the principles that emerge from a procedure that involves factual assumptions as ultimate principles of justice. But I argue that even if Rawls were (...) to abandon his constructivism, and to accept Cohen's argument that ultimate principles of justice are not grounded directly in any facts, their divergent views concerning the proper role of principles of justice would lead them to different conclusions. I contend that even if ultimate principles of justice are not directly grounded in any facts, the role that principles of justice are needed to play may mean that their justification depends upon facts about what is feasible and facts about what is burdensome to people. Contrary to what Cohen maintains, being dependent on the facts in this manner does not preclude a principle from being ultimate; nor do principles which have this sort of dependence on the facts necessarily combine justice with other values in a way that must lead to conflation. (shrink)

Migrations driven by ethnic, religious, and other forms of social conflict have been common in the past quarter-century, and have in Africa led many to seek refuge and to expect hospitality abroad. This leads to a concern for pluralist ethics, for many receiving refuge abroad expect that they will be able to live by their thoughts and beliefs, creating enclaves of cultural difference. But difference exists in all communities: cultural homogeneity does not exist except in the conservative imagination. Nevertheless, a (...) sameness – the sameness of the value of every person – remains within this plurality. The sameness is conceived in distinct ways in the Natural Law tradition that yields liberalism, in the Golden Rule, in Kant's categorical imperative, and in the Luo culture of Eastern Africa. The Luo precept Luoro remb dhano is compared with these other ethical cosmopolitan wellsprings in this essay. (shrink)

Abstract: Social justice concerns us on two counts: One, what is social justice? Two, given that we know the answer to one, then the question is: how can social justice be implemented? Answering the first question requires hitting the right balance between two values: liberty and equality. My concern here, however, is with the second question, the question of implementation rather than with what social justice consists of. I assume that the right balance between liberty and equality is somehow a (...) given. To implement the structural changes that a just society requires calls for a historical agent that can bring about such changes. The working class was a good candidate to be such a historical agent. The working class was suitable for this historical task because it was the class that had the most to gain from a just society and it was a very large class of people. The working class was singled out for this task not for being a particularly virtuous class but by being the class that had the most to gain from a change in the status quo. But the working class is rapidly disappearing; in the developed countries, it has shrunk considerably. Thus, the implementation of social justice is now left without an effective historical agent to carry it through. (shrink)

This paper proposes a description of the moral obligations of economic agents. It will show that a threefold division should be adopted to distinguish moral obligations applying to their interactions in the market, obligations applying to their interactions inside business firms and obligations applying to their interactions with agents outside the market. Competition might be permissible in the first case since markets are special patterns of social interactions (called adversarial schemes). They produce their benefits when agents try to satisfy exclusive (...) preferences at the expense of others. However, moral obligations inside the firm and moral obligations outside the market are of a different nature. This argument will be developed in the two first parts of this paper. In the third part, it will outline the relevant strengths of that account in relation with two popular views of economic agents’ moral obligations: the shareholder primacy view and the stakeholder theory. (shrink)

This article discusses three main orientations in recent works of legal and political theory about the family-contract-based, community-based, and rights-based-and argues that none of these takes adequate account of two paradoxical features of family life and of the family's relationship to the state. A coherent political and legal theory of the family in the contemporary United States requires recognition of the relational rights and responsibilities intrinsic to family life.

Medical quarantines often threaten the civil rights of the persons whom they confine. This might happen in two ways. First, quarantines might inflict harsh conditions on their occupants; and, second, quarantines might be imposed in an arbitrary or indeed discriminatory manner. These concerns, moreover, are anything but fantastic. Infectious diseases, particularly in epidemic forms, commonly trigger retributive and discriminatory instincts, so that actual quarantines often impose inhumane, stigmatizing, or even penal treatment upon persons who are confined based on caprice or (...) even prejudice.But quarantines that impose no gratuitous hardships and that are applied pursuant to orderly and non-discriminatory procedures are theoretically possible and also practically available. And such well-run quarantines, especially when they are employed to combat epidemic diseases, cannot plausibly be said to violate the civil rights of the quarantined. Even the staunchest civil libertarian must accept that one person's liberty may be restricted when this is necessary for preventing harm to another. (shrink)

In this paper I wish to comment upon the use of polemical argument in philosophy of education and education. Like Foucault, I believe that a whole morality is at stake because polemical argument obfuscates the search for truth at the expense of truth and the other’s veracity, integrity and dignity. The use of polemics is illustrated by two arguments. The first general argument is taken from an attack upon Albert Camus by the British writer Colin Wilson. The second more particular (...) example is taken from attacks in New Zealand by the State Department of Education upon the educational ideas of the novelist and educator Sylvia Ashton-Warner. Finally I discuss how polemics might be countered in education. (shrink)

In this study the author argues that public relations practitioners must not ignore the public interest even though the term has been the subject of vigorous debate within both academic and professional circles. The author maintains - not-withstanding the controversy - that the public interest is intrinsic to the very definition of what it is public relations people do. He suggests the solution to the definitional problem rests in first formulating an abstract (general) definition, then moving to the operational level.

Few contemporary philosophers discuss the ways in which the emotion of shame may be gendered. This paper addresses this situation, examining Gabriele Taylor's account of genuine vs. false shame. 1 argue that, by attending to the social pressures placed on many women to conform to a certain vision of femininity, an analysis of the shame to which women may be prone shows that Taylor's account of shame remains incomplete.

This study explores the research paradigms of contemporary business ethics research in 2001–2008. With citation data from the top two business ethics journals included in the Social Sciences Citation Index, this study conducts citation and co‐citation analysis to identify the most important publications, scholars, and research themes in the business ethics area and then maps the intellectual structure of business ethics studies between 2001 and 2008. The results show that current business ethics studies cluster around four major research themes, including (...) morality and social contract theory, ethical decision making, corporate social responsibility, and stakeholder theory. This study helps profile the invisible network of knowledge production in business ethics and provides important insights on current research paradigms of business ethics studies. (shrink)

The American Journal of Bioethics, Volume 11, Issue 6, Page 23-25, June 2011.

This article explores the possibility that there is a parental duty to use preimplantation genetic diagnosis (PGD) for the medical benefit of future children. Using one genetic disorder as a paradigmatic example, we find that such a duty can be supported in some situations on both ethical and legal grounds. Our analysis shows that an ethical case in favor of this position can be made when potential parents are aware that a possible future child is at substantial risk of inheriting (...) a serious genetic condition. We further argue that a legal case for a duty to use PGD for medical benefit can be made in situations in which potential parents have chosen to conceive through in vitro fertilization and know that any children conceived are at substantial risk of having a serious genetic condition. (shrink)

Shame is a painful emotion concerned with failure to live up to certain standards, norms, or ideals. The subject feels that she falls in the regard of others; she feels watched and exposed. As a result, she feels bad about the person that she is. The most popular view of shame is that someone only feels ashamed if she fails to live up to standards, norms, or ideals that she, herself, accepts. In this paper, I provide support for a different (...) view, according to which shame is about failure to live up to public expectations. Such a view of shame has difficulties explaining why an audience is central to shame, why shame concerns the self as a whole, and why the social rank of someone affects their ability to shame others. These features, I argue, are best explained by reference to the descent of shame in the emotion connected with submission in nonhuman animals. The function of submission—to appease relevant social others—also throws light on the sort of emotion that shame is. From the point of view of other people, a subject who experiences shame at her own failing is someone who is committed to living together with others in a socially sanctioned way. The argument is not that we must understand the nature of shame in terms of what it evolved for, but that its heritage is important to understanding the emotion that shame has become. (shrink)

I argue for compatibility between feminism and medicine by developing a model of the physician-other relationship which is essentially egalitarian. This entails rejection of (a) a paternalistic model which reinforces sex-role stereotypes, (b) a maternalistic model which exclusively emphasizes patient autonomy, and (c) a model which focuses on the physician's conscience. The model I propose (parentalism) captures the complexity and dynamism of the physician-other relationship, by stressing mutuality in respect for autonomy and regard for each other's interests.

This paper distinguishes between the concepts of justification and legitimation with a view to offering a normative standard for global justice compatible with cultural pluralism. According to this distinction, justification is presented as an idealized, substantive and top-down enterprise rooted in the moral and metaphysical substrate of a specific culture. On the other hand, legitimation has a procedural and factual connotation and derives its strength from the success of some culturally independent but historically situated practice (bottom-up approach). Building on this (...) distinction, I argue that justification and legitimation should be made complementary for the sake of cross-cultural dialogue. (shrink)

This article brings together two concepts of ethical practice into a single construct that describes how modern corporations can responsibly meet the information needs of their stakeholder networks in a way that promotes both corporate self-interest and widespread distributive justice. Internet technology is providing corporations with transformative tools that permit and encourage the exercise of social responsibility through "dynamic transparency." "Prudential justice" is a concept representing a set of values that can provide an ethical justification for corporate implementation of dynamic (...) transparency. This article argues that by using dynamic transparency in accordance with the provisions of prudential justice, firms can avoid many crises and manipulative or deceptive information transfers, can fulfill their responsibilities regarding stakeholders' informational rights, and can undergo an organizational culture transformation that allows them to move from pure corporate egoism to a beneficial mix of self-interest and corporate social responsibility. (shrink)

Psychiatrists are frequently called upon to make assessments of the rationality or irrationality of persons for a variety of medical-legal purposes. A key category is that of evaluations of a patient's capacity to grant informed consent for a medical procedure. A diagnosis of mental illness is neither a necessary nor a sufficient condition for a finding of incompetence. The notion of competency to grant consent, which is a mixed psychiatric-legal concept, shares some features with philosophical conceptions of rationality, but differs (...) from them in a number of important respects. This article describes the actual practice of psychiatrists when making such judgments, along with the standards of competency they employ. A comparison is made between those notions of competency and predominant philosophical conceptions of rationality. (shrink)

John Rawls’ account of our obligations towards future generations has received considerable criticism in the environmental ethics literature relative to the scant few passages in which he discusses the issue. I argue that much of this criticism is warranted because Rawls’ Heads of Family strategy for grounding obligations to future generations is not only independently problematic, but also inconsistent with his general framework. Furthermore, the oft-suggested Time Travel strategy will not work either, and for just those reasons which Rawls gave. (...) However, I contend that the less often discussed “Universalizability Principle,” which Rawls discusses most prominently in Political Liberalism, is a plausible account of our obligations to future generations and is consistent with Rawls’ general framework. I then defend this Rawlsian account of our future-oriented obligations against objections in the environmental ethics literature such as those recently advanced by the consequentialist Tim Mulgan. (shrink)

Learning to address moral dilemmas is important for participants on courses in business ethics and corporate social responsibility (CSR). While modern, rule-based ethical theory often provides the normative input here, this has faced criticism in its application. In response, post-modern and Aristotelian perspectives have found favour. This paper follows a similar line, presenting an approach based initially on a critical interpretation of Ross's theory of prima facie duties, which emphasises moral judgement in actual situations. However, the retention of a modern (...) element is suggested, with an invitation to hypothetically universalise detailed proposals for action, following Hare. This further step may reassure students/managers who seek additional closure in their decision-making. Some pedagogical implications are also briefly raised regarding the use of case material and the need to recognise questions of social interaction and personal character as features of dilemma resolution in actual organisational contexts. (shrink)

This paper argues that Amartya Sen’s comparative approach to justice requires a politics that is attentive to the agency of the other. Rethinking representation as a relational, rather than a sovereign, concept captures the relationship between agency and justice that is emerging in global politics today. It is increasingly common that non-governmental actors engage with communities through practices of trust and responsibility without appeal to political authority. Relational representation helps clarify the dynamics of these relationships and provides a way to (...) think about their purpose. That purpose is to effect changes that ameliorate suffering and injustice, working to re-present the represented persons as more capable persons, more free to use their agency. (shrink)

The desire-satisfaction theory of welfare says, roughly, that one's life goes well to the extent that one's desires are satisfied. On standard 'actualist' versions of the theory, it doesn't matter what you desire. So long as you are getting what you actually want – whatever it is – things are going well for you. There is widespread agreement that these standard versions are incorrect, because we can desire things that are bad for us -– in other words, because there are (...) 'defective desires'. The aim of this paper is to defend the actualist desire-satisfaction theory against the problem of defective desires. I aim to show how the theory can accommodate the obvious fact that we can desire things that are bad for us. Admittedly, there are kinds of allegedly defective desire the theory cannot accommodate, but these desires, I argue, turn out not to be defective in the relevant way. (shrink)

Graham Haydon; Collective Moral Philosophy and Education for Pluralism, Journal of Philosophy of Education, Volume 20, Issue 1, 30 May 2006, Pages 97–106, https.

We live in a time of “cosmopolitan regard,” when there is widespread acknowledgement that every person has moral importance. At the same time, most of us affirm and practice particular regard for our family, friends and compatriots, despite knowing that in our contemporary world, every day, many people, in many places, are treated like nothing. Are cosmopolitan and particular regard fated to be irreconcilable features of our moral lives? Are the grounds for our moral duties to our fellow citizens fundamentally (...) different from, and potentially in conflict with, the grounds of our moral duties to others with whom we share no political association? What is required in the way of political morality by cosmopolitan regard? Does it require symmetry between our particular and universal obligations? Under what conditions may asymmetrical accounts of obligation be justified? Richard Vernon’s book makes an elegant contribution to debates in contemporary political philosophy about the moral basis .. (shrink)

Criminal punishment in the United States is dreadful, both in the sense that the legal system is riddled by myriad problems of justice and efficacy, and because the treatment of those captured in t...

Pure time preference is a preference for something to come at one point in time rather than another merely because of when it occurs in time. In opposition to Sidgwick, Ramsey, Rawls, and Parfit we argue that it is not always irrational to be guided by pure time preferences. We argue that even if the mere difference of location in time is not a rational ground for a preference, time may nevertheless be a normatively neutral ground for a preference, and (...) this makes it plausible to claim that the preference is rationally permitted. (shrink)

I propose a modal logic that enables to reason about self-regarding and otherregarding motivations in strategic games. This logic integrates the concepts of joint action, belief, individual and group payoff. The first part of the article is focused on self-regarding agents. A self-regarding agent decides to perform a certain action only if he believes that this action maximizes his own personal benefit. The second part of the article explores different kinds of other-regarding motivations such as fairness and reciprocity. Differently from (...) self-regarding agents, other-regarding agents also consider the benefits of their choices for the group. Moreover, their decisions can be affected by their beliefs about other agents' willingness to act for the well-being of the group. The analysis also considers team-directed reasoning, i.e. the mode of reasoning that people use when they take themselves to be acting as members of a group or a team. (shrink)

This study examines the relationship between procedural justice and employee job insecurity, and the boundary conditions of this relationship. Drawing upon uncertainty management theory and ethical leadership research, we hypothesized that procedural justice is negatively related to job insecurity, and that this relationship is moderated by ethical leadership. We further predicted that the moderating relationship would be more pronounced among employees with a low power distance orientation. We tested our hypotheses using a sample of 381 workers in Macau and Southern (...) China. The results support all of our hypotheses. The implications of these results for research and practice are discussed. (shrink)

The relationship between adults and children in liberal democracies is based on two flawed assumptions that are widespread: first, that childhood is an impediment, a passing phase of impaired maturity; and second, that children benefit from the proliferation of rights ascribed to them. Social institutions, and particularly the education system, are correspondingly misconstrued. This article focuses on the combined effect of vulnerability and autonomy as they construct contemporary childhood. I conclude that adults' obligations rather than children's rights are the appropriate (...) social, political and educational basis for adult society's relations with children. (shrink)

This article identifies problems with regard to providing criteria that regulate the matching of logical formulae and natural language. We then take on to solve these problems by defining a necessary and sufficient criterion of adequate formalization. On the basis of this criterion we argue that logic should not be seen as an ars iudicandi capable of evaluating the validity or invalidity of informal arguments, but as an ars explicandi that renders transparent the formal structure of informal reasoning.

Rawls’ appealing to free agreement in the original position cannot be understood as the source of real commitment to principles of social justice. According to the contextualistic interpretation, to establish and clarify the reasonableness of one context, one needs to appeal to the reasonableness of some higher-order contexts. Because the two meta-contexts of global basic structure and domestic basic structure can be seen as higher-order or lower-order context relative to each, depending on concrete cases, by excluding the consideration of global (...) situation that must have effects on the realization of domestic justice, justice as fairness is blind both to the global context of domestic justice and to the domestic context of global justice. (shrink)

This article offers a study of the early formation and development of the ideal of harmony in ancient Chinese philosophy and ancient Greek philosophy. It shows that, unlike the Pythagorean notion of harmony, which is primarily based on a linear progressive model with a pre-set order, the ancient Chinese concept of harmony is best understood as a comprehensive process of harmonization. It encompasses spatial as well as temporal dimensions, metaphysical as well as moral and aesthetical dimensions. It is a fundamentally (...) open notion in the sense that it does not aim to conform to any pre-set order. This broader, richer, and more liberal understanding of harmony has had a profound influence on Chinese culture as whole in its long history. (shrink)

Although John Stuart Mill places considerable emphasis on three information signalling devices – debate, votes and prices – he remains curiously sceptical about the prospects of institutional or social epistemology. In this paper, I explore Mill's modest scepticism about institutional epistemolog y and compare and contrast that with the attitudes of liberal theorists such as F. A. Hayek and John Dewey who are much more enthusiastic about the prospects of social epistemology as part of their defences of liberalism. The paper (...) examines the extent to which Hayek and Dewey ignore concerns originally raised by Mill. I conclude that Mill's modest scepticism is reflected in the epistemological abstinence of contemporary liberal philosophers such as John Rawls, and that his elevation of philosophy over democracy remains a challenge to contemporary defenders of the political value of social or institutional epistemology. (shrink)

There is an odd proximity between Hayek, hero of the libertarian right, and Rawls, theorist of social justice, because, at the level of principle, Hayek was in some important respects a Rawlsian. Although Hayek said that the idea of social justice was nonsense, he argued against only a particular principle of social justice, one that Rawls too rejected, namely distribution according to individual merit. Any attempt to make reward and merit coincide, Hayek argued, would undermine the market's price system, leaving (...) us all poorer and less free. Like Rawls, Hayek held that we should assess social institutions from behind a veil of ignorance, and he thought that doing so pushed us toward egalitarianism. Most of the distance between Hayek and Rawls at the level of policy stems from Hayek's optimism about the operation of markets, his equivocation about the meaning of central concepts, and his appeal to under-argued slippery slopes. Hayek wavered, however, between claiming that private property and markets benefit everyone, compared to the feasible alternatives, and the principle that they maximize the opportunities of a randomly selected member of society, i.e., aggregate opportunity. Contemporary Hayekians claim that capitalism raises the position of the worst off in the long run, in future generations, whereas Rawlsians insist that inequalities between social positions should benefit the worst off now. (shrink)

: My contribution intends to show that the traditional philosophical concept of work (Marx, Hegel, Kierkegaard, Marcuse, Arendt, Habermas, and the rest) leaves out a crucial dimension. Work is reduced, for example, to the interaction with nature, the problem of recognition, or economic self-preservation. But work also establishes an ethical relation having to do with the needs of others and to the common good—a view of work that should be of particular interest for feminist and gender philosophy. This dimension makes (...) visible, as socially necessary work, the so-called reproductive sphere pertaining to giving birth and raising children, but it also generalizes the aspect of care, which plays a significant role in traditional woman's work. The ethical relation to the other is a characteristic feature of human work and in this sense, the possibility of working is a part of a good life. (shrink)

Free speech, its many definitions, and efforts by special interest groups to assure their message is distributed have led to sharp conflict and rising tensions, particularly in universities. For over 10 years, tactics at the University of Massachusetts to assure newspaper content acceptable to special interest groups serve as an example in this article. Women editors seeking guaranteed pages in the university newspaper for women with content unreviewed by regular editors illustrates the rocky path of protest, negotiation, and examination and (...) a resulting confusion and dissatisfaction among all parties. (shrink)

: This article considers what contribution the work of John Rawls can make to questions about animal ethics. It argues that there are more normative resources in A Theory of Justice for a concern with animal welfare than some of Rawls's critics acknowledge. However, the move from A Theory of Justice to Political Liberalism sees a depletion of normative resources in Rawlsian thought for addressing animal ethics. The article concludes by endorsing the implication of A Theory of Justice that we (...) look for ways other than rights discourse to respect and protect the well-being of animals. (shrink)