In a variety of disciplines, there exists a consensus that human rights are individual claim rights that all human beings possess simply as a consequence of being human. That consensus seems to me to obscure the real character of the concept and hinder the progress of discussion. I contend that rather than thinking of human rights in the first instance as “claim rights” possessed by individuals, we should regard human rights as higher order norms that articulate standards of legitimacy for (...) sociopolitical and legal institutions. (shrink)

Nike. McDonald’s Apple. These companies and many others invest millions of dollars each year protecting that one thing that distinguishes them in the marketplace – a trademark. A company’s trademark is the symbol that allows consumers to know that they are dealing with a particular company. This article addresses the extent to which some companies will go to obtain and protect a trademark. Specifically, it will address the fight between Cisco and Apple over the iPhone trademark, as both companies took (...) questionable steps in the United States and abroad to obtain rights to the iPhone mark. In addition, the basics of trademark law and ethical theories relevant to trademark law will be addressed. (shrink)

The processes associated with globalization have reinforced and even increased prevailing conditions of inequality among human beings with respect to their political, economic, cultural, and social opportunities. Yet-or perhaps precisely because of this trend-there has been, within political philosophy, an observable tendency to question whether equality in fact should be treated a as central value within a theory of justice. In response, I examine a number of nonegalitarian positions to try to show that the concept of equality cannot be dispensed (...) with in any adequate consideration of justice. (shrink)

The current crisis of neoliberalism is calling into question the relevance of key international institutions. We analyze the origins, nature, and possible impacts of the crisis through comparing two such institutions: the International Monetary Fund (IMF) and the World Trade Organization (WTO). Both originated in the post-World War II U.S.-led hegemonic order and were transformed as part of the transition to global neoliberalism. We show that while the IMF and the WTO have been part of the same hegemonic project, their (...) distinct institutional features have put them on significantly different trajectories. Historical differences in the two institutions’ systems of rules have placed the IMF in a more vulnerable position than the WTO, which provides clues to the future contours of global economic governance. (shrink)

Critics often charge that Kantian ethics is implausibly rigoristic: that Kantianism recognizes a set of perfect duties, encapsulated in rules such as ‘don’t lie,’ ‘keep one’s promises,’ etc., and that these rules apply without exception. Though a number of Kantians have plausibly argued that Kantianism can acknowledge exceptions to perfect duties, this acknowledgment alone does not indicate how and when such exceptions ought to be made. This article critiques a recent attempt to motivate how such exceptions are to be made, (...) namely, the constitutive approach developed by Tamar Schapiro. I argue that the constitutive approach is vulnerable to the objection that it is too permissive, justifying many morally dubious exceptions to perfect duties. I conclude by briefly outlining an alternative ‘fine print’ approach to the rigorism objection that appears to avoid the objection leveled at Schapiro’s approach, focusing on how modifying the constituents of agents’ maxims can change the deontic status of an act of a generally impermissible kind. (shrink)

A majority of the countries in the world are still considered "developing," with a per capita income of less than U$1,000. Hahn (2008, Journal of Business Ethics 78, 711–721) recently proposed an ambitious business ethics research agenda for integrating the "bottom-of-the-pyramid" countries (Prahalad and Hart, 2002, Strategy and Competition 20, 22–14) through sustainable development and corporate citizenship. Hahn's work is among the growing field of research in comparative business ethics including the global business ethics index (Michalos, 2008, Journal of Business (...) Ethics 79(1), 9–19; Scholtens and Dam, 2008, Journal of Business Ethics 75(3), 273–284; Tsalikis and Seaton, 2008, Journal of Business Ethics 75(3), 229–238). This article is complementary to Hahn's work and it advocates an urgent need for business ethics researchers to globally integrate the bottom-of-thepyramid countries through a fundamental re-definition of the global economic triad, including the United States, Western Europe, and Japan [Ohmae, 1985, Triad Power: The Coming Shape of Global Competition (New York: Free Press)]. The definition that we propose is based on business systems and institutional perspectives that include the bottom-of-the-pyramid countries. We also propose to broaden the research in business ethics to enable comparisons across business systems indifferent income levels. (shrink)

One approach to moral economy wishes to show that it is rational to be moral. As rational morality has received little attention from economics, as opposed to political philosophy, this article examines it in an economics framework. Rational morality refers primarily to individual behaviour so that one may also speak of it as moral microeconomics. When a group of agents are disposed to constrain their maximisation, that behaviour may be considered rational. However, this relies on ‘moralised’ assumptions about individual behaviour. (...) Constrained maximisation may also rely on repeated interactions within social structures that then transmit information thus serving as enforcement mechanisms. In this way agents obtain knowledge of others’ past behaviour and choose their interlocutors accordingly. Thus, it pays to behave morally as it will attract similarly disposed agents to participate in cooperative ventures for mutual advantage. An analysis of rational morality on the individual level demonstrates how this.. (shrink)

Chamberlin insists on its validity in contributing to our thinking about the place of ethics in international affairs and in clarifying both the dangers and potential areas of cooperation inherent in many international relationships.

Advances in technology have made it possible for us to take actions that affect the numbers and identities of humans and other animals that will live in the future. Effective and inexpensive birth control, child allowances, genetic screening, safe abortion, in vitro fertilization, the education of young women, sterilization programs, environmental degradation and war all have these effects. Although it is true that a good deal of effort has been devoted to the practical side of population policy, moral theory has (...) not dealt adequately with the new possibilities. The dilemma faced by moral theory is that traditional theories cannot answer moral questions involving the creation of people. Two related problems arise. The first concerns numbers: how many people should there be? The second asks what sort of people should live and what their levels of well-being should be. Conventional social-contract theories, including the work of Rawls (1971), are restricted to situations with a fixed number of individuals. Sumner (1978) attempts to extend a Rawlsian veil-of-ignorance approach to possible people but is aware of the difficulties involved. The main problem is that possible people must be thought to benefit when they move from non-existence to existence, a view that we reject (see Section 1, Heyd, 1992, Chapter 1; McMahan, 1996a; Parfit, 1984, Appendix G). Rights-based and duty-based theories suffer from a similar problem; there must be a person who has the right or a person to whom the duty is owed (see McMahan, 1981). (shrink)

By reference to the illustrative case of the supranational regulation of local systems of food production, we aim to show the importance of identifying issues of international legitimacy as a discrete component – alongside issues of global distributive justice – of the liberal project of public justification of supranational collective decisions. Therefore, we offer the diagnosis of a problem but do not prescribe the therapy to cure it.

For many liberal democrats toleration has become a sort of pet-concept, to which appeal is made in the face of a myriad issues related to the treatment of minorities. Against the inflationary use of toleration, whether understood positively as recognition or negatively as forbearance, I argue that toleration may not provide the conceptual and normative tools to understand and address the claims for accommodation raised by at least one kind of significant minority: democratic dissenting minorities. These are individuals, or aggregates (...) of them, who oppose, on principled grounds, the outcomes of the majoritarian decision-making process. I argue that democratic dissenting minorities' claims are better understood as calls for respect for a person's capacity for self-legislation. I view respect as the cornerstone of justice in a liberal democracy: all norms resulting in a constraint on a person's conduct should be appropriately justified to her. I argue that the reconciliation of democratic dissenting minorities' claims requires an enhancement of the justificatory strategies of democratic decisions by enhancing in turn citizens' rights to political participation. This should be done both during decision making and after a provision is enacted by also securing space for contestation through such forms of illegal protest as civil disobedience and conscientious objection. (shrink)

Whilst legitimacy is often thought to concern the processes through which coercive decisions are made in society, justice has been standardly viewed as a ‘substantial’ matter concerning the moral justification of the terms of social cooperation. Accordingly, theorization about procedures may seem appropriate for the former but not for the latter. To defend proceduralism as a relevant approach to justice, I distinguish three questions: (1) Who is entitled to exercise coercive power? (2) On what terms should the participants to a (...) scheme of cooperation interact? (3) How should the costs and benefits produced by cooperation be distributed? Legitimacy concerns (1), whereas justice applies to (2) and (3). Although the appropriateness of proceduralism is debatable in relation to (3), it seems well equipped to address the justice-related question in (2). And it does so by focusing on the inherent moral acceptability of the way in which persons are treated by the procedures through which they interact. (shrink)

This paper breaks with the sociological notion of ‘risk society’ and argues in favour of a philosophical view that sees the two planetary threats of late modernity, nuclear weapons and global warming, as ultimate challenges to morality and politics rather than risks that we can take and manage. The paper also raises the question of why we should feel responsible for the effects of these two global challenges on future generations and in this sense elaborates on the transgenerational chain of (...) parenthood rather than on considerations of justice. (shrink)

This article argues that, suitably modified, the method of reflective equilibrium is a plausible way of selecting moral principles. The appropriate conception of the method is wide and radical, admitting consideration of a full range of moral principles and arguments, and requiring the enquiring individual to consider others' views and undergo experiences that may offset any formative biases. The individual is not bound by his initial considered judgments, and may revise his view in any way whatsoever. It is appropriate to (...) describe the method as a balance between coherentism and fallibilist foundationalism. With these points in mind, various criticisms, including the claims that considered judgments are not initially credible and are shaped by prejudice, and that the method itself fails to determine principle selection, are challenged. (shrink)

By distinguishing between contributory values and overall value, and by arguing that contributory values are variable values insofar as they contribute diminishing marginal overall value, this article helps to establish the superiority of a certain kind of maximizing, value-pluralist axiology over both sufficientarianism and prioritarianism, as well as over all varieties of value-monism, including utilitarianism and pure egalitarianism.

provide a plausible alternative to utilitarianism. Rawls gives two kinds of arguments to show that his two principles of justice are more plausible or more nearly correct than utilitarianism. First, he argues that the two principles of justice provide a better match with our 'considered judgments in reflective equilibrium.' Second, he argues that his two principles would be chosen in preference to the principle of utility in 'the original position.' I shall be concerned only with the second of these two (...) arguments in this paper. According to Rawls, people in the original position choose principles on the assumption that whatever principles are chosen will be strictly complied with, i.e., they choose on the assumption that the basic institutions of their society and all of the actions of its members will be in compliance with whatever principles are chosen. (shrink)

This paper starts from an assumption defended in the author's previous work. This is that distinctivelyhuman flexible and creative theoretical thinking can be explained in terms of the interactions of a variety of modular systems, with the addition of just a few amodular components and dispositions. On the basis of that assumption it is argued that distinctively human practical reasoning, too, can be understood in modular terms. The upshot is that there is nothing in the human psyche that requires any (...) significant retreat from a thesis of massively modular mental organization. (shrink)

Drawing a link between energy policy and sustainable development, this paper explores the normative dimensions of policy analysis that inform energy sector decision-making, and how these norms fall short of incorporating adequate considerations of sustainability. The discussion focuses on the obligations that our present generation has to conserve for future generations, the decision of which discount rate to use, and the importance of citizen-oriented preferences in economic valuation. This analysis concludes with the claim that if sustainability insights are applied to (...) conventional methods of approaching these issues, we may be better prepared to address issues that are unconventional and complex, such as those involving the production and use of energy resources. (shrink)

We introduce the concept of "organizational terrorism" to describe dysfunctional leaders who are abusive and who treat organizational members with contempt and disregard. After identifying the moral duties of leaders in organizations, we explain how organization members respond to their dissatisfaction with organizations through Exit, Voice, Loyalty, or Neglect. We explain why exercising voice is the most effective moral choice in dealing with dysfunctional leaders.

The prospect of dangerous climate change requires Humanity to limit the emission of greenhouse gases. This in turn raises the question of how the permission to emit greenhouse gases should be distributed and among whom. In this article the author criticises three principles of distributive justice that have often been advanced in this context. He also argues that the predominantly statist way in which the question is framed occludes some morally relevant considerations. The latter part of the article turns from (...) critique and advances a new way of addressing the problem. In particular, first, it proposes four key theses that should guide our normative analysis; and, second, it outlines how these four theses can be realised in practice. (shrink)

Responsible leadership is rare. It is not that most leaders are irresponsible, but responsibility in leadership is frequently defined so that an important connotation of responsible leadership is ignored. This article equates responsible leadership with virtuousness. Using this connotation implies that responsible leadership is based on three assumptions—eudaemonism, inherent value, and amplification. Secondarily, this connotation produces two important outcomes—a fixed point for coping with change, and benefits for constituencies who may never be affected otherwise. The meaning and advantages of responsible (...) leadership as virtuous leadership are discussed. (shrink)

It is more than a half-century since Nelson Goodman [1955] applied what we call the Reflective Equilibrium model of justification to the problem of justifying induction, and more than three decades since Rawls [1971] and Daniels [1979] applied celebrated extensions of this model to the problem of justifying principles of social justice. The resulting Wide Reflective Equilibrium model (WRE) is generally thought to capture an acceptable way to reconcile inconsistency between an intuitively plausible general principle and an intuitively plausible judgment (...) about a particular case. Recently a different model for reconciling moral inconsistency has emerged: Moral Consistency Reasoning [Campbell and Kumar 2012, 2013a; Kumar and Campbell 2012; Campbell 2009: 86?7; Campbell and Woodrow 2003; Wong 2002]. MCR applies when two moral judgments give opposing assessments of (what appear to be) relevantly similar particular cases. Though WRE and MCR are strikingly different, each arguably captures a rationally acceptable method for reconciling moral inconsistency. Moreover, as will be shown, they function in complementary ways. Are they parts of a more comprehensive model of moral reasoning in the face of inconsistency that would explain the attractions of each? This essay first spells out the relevant differences between the models and then formulates a more general model of moral reasoning in the face of inconsistency. ?1 reviews the emergence of Goodman's model that he offers in the spirit of epistemology naturalized, almost a decade before Quine coined the term [1969a]. ?2 analyses six salient features of WRE to be compared with six contrasting features of MCR in ?3. ?4 presents the general model. (shrink)

Here I argue that the hyper-individualistic and rationalistic ethical paradigms – originating in the late eighteenth century and dominating moral philosophy, in various permutations, ever since – cannot capture the moral concerns evoked by the prospect of global climate change. Those paradigms are undone by the temporal and spatial scales of climate change. To press my argument, I deploy two famous philosophical tropes – John Rawls's notion of the original position and Derek Parfit's paradox – and another that promises to (...) become famous: Dale Jamieson's six little ditties about Jack and Jill. I then go on to argue that the spatial and especially the temporal scales of global climate change demand a shift in moral philosophy from a hyper-individualistic ontology to a thoroughly holistic ontology. It also demands a shift from a reason-based to a sentiment-based moral psychology. Holism in environmental ethics is usually coupled with non-anthropocentrism in theories constructed to provide moral considerability for transorganismic entities – such as species, biotic communities, and ecosystems. The spatial and temporal scales of climate, however, render non-anthropocentric environmental ethics otiose, as I more fully explain. Thus the environmental ethic here proposed to meet the moral challenge of global climate change is holistic but anthropocentric. I start with Jamieson's six little ditties about Jack and Jill. (shrink)

Educational practices which reinforce cultural diversity are often commended in the name of pluralism, though such practices may be condemned on the same grounds if they are seen as a threat to the fragile sense of political unity which holds a pluralistic society together. Therefore, the educational implications of pluralism as an ideal are often ambiguous, and the ambiguity cannot be resolved in the absence of a clear understanding of the particular civic virtues which a pluralistic society should engender. Two (...) influential conceptions of civic education which purport to affirm the ideal of pluralism are examined and both are found wanting. Liberal political theory proclaims the paramount importance of justice in public life, and justice can be construed in a way that accomodates diversity. However, the kind of civic education which liberalism entails does too little to restrain the centrifugal forces latent in cultural diversity. Communitarian political theory exalts civic friendship as the supreme public virtue, but the civic education it supports is compatible with only a highly attenuated cultural diversity. A third alternative is canvassed which combines the liberal stress on justice with a conception of patriotism distinct from civic friendship. The implications of this alternative for disputes about bias in public schools are briefly discussed. (shrink)

Is liberalism adaptable enough to the ecological agenda to deal satisfactorily with the challenges of anthropogenic climate change while leaving its normative foundations intact? Compatibilists answer yes; incompatibilists say no. Comparing such answers, this article argues that it is not discrete liberal principles which impede adapatability, so much as the constructivist model (exemplified in Rawls) of what counts as a valid normative principle. Constructivism has both normative and ontological variants, each with a realist counterpart. I argue that normative constructivism in (...) the Rawlsian mode, whatever its strengths elsewhere, is markedly ill‐equipped to deal with the particular normative challenges posed by climate change – and that that these doubts holds regardless of which stance is adopted as its ontological corollary. (shrink)

The substantive center of Christian ethics is Jesus’s ministry of the kingdom or reign of God, and its preferential inclusion of the poor, the outcast, and the sinner. What defines a gospel-based bioethics is a hopeful, practical commitment to improve the health of those who are most vulnerable to illness and early death because they lack basic needs. This commitment is distinctive of Christian bioethics, if not “unique” in the sense that no other bioethical approaches or traditions share it. To (...) succeed in reducing disparities in access to health care requires cooperative social action with members of multiple moral and political communities, meaning that there is no strict boundary between secular and Christian bioethics at the practical, political level, the level of applied Christian social ethics. (shrink)

Some progress has been made in recent decades to articulate corporate social responsibility (CSR) and, more recently, to associate CSR with international enforcement of human rights. This progress continues to be hampered, however, by the ability of a multinational corporation (MNC) that violates human rights not only to shift liability from itself to a nation-state but even to win compensation from that nation-state for loss of profits due to restrictions on its business activities. In the process, the nation-state’s sovereignty is (...) diminishing; and, in effect, though still attributed to nation-states, it is being transferred to the MNC. The main aim of this article is (1) to draw on normative considerations to claim that this MNC proto-sovereignty should be modified and (2) to contend that this can eventually be accomplished by adding to corporate adoption of CSR guidelines a regimen of global human rights enforcement. I base this contention on expectations about the internationalization of corporate criminal law and the globalization of civil society in general and of NGOs in particular. I consider various jurisdictions but I focus on US jurisprudence. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

Social norms are an important input for ethical decisions in any business context. However, the cross-cultural discovery of extant social norms presents a special challenge to international management because norms may be inscrutable to outsiders. This article considers the contribution of Integrative Social Contracts Theory (ISCT) to the analysis of social norms in business ethics. It questions the origins and dynamics of norms from a sociological perspective, and identifies a tension between prescriptive efforts to make norms obligatory and positivist accounts (...) that describe norms as evolving and unstable. In the presence of dynamic and incomplete norms, managers can either deliberate with stakeholders to make norms flexible or codify norms to make them rigid. This essay argues that deliberation is the only reliable method for anticipating emergent norms. (shrink)

Liberal political theory is widely believed to be an inadequate source of civic commitment and thus of civic education primarily because of its commitment to what is perceived as a pervasive individualism. In this paper, I explore the possibility that John Rawls’s later political philosophy may provide a response to this belief. I first articulate a conception of liberal politics derived from Rawls’s idea of reflective equilibrium that generates an overlapping consensus about political principles among those who hold a wide (...) variety of cultural and personal conceptions of the good. Next I develop the aims for civic education in a society that employs such a politics. Then I suggest the elements of the public school curriculum appropriate for such a civic education, including a robust multicultural education, intellectual reflection on the society’s history, and philosophical training that enables children to understand the events and policies of their nation as following from general political principles. I also consider the kinds of classroom practice that seem necessary to provide the motivation to engage in the process of the emergence of an overlapping consensus, including opportunities to develop and to reflect on the principles that may be included in the current consensus and to understand the way in which those principles relate to children’s developing conceptions of the good. Finally, I compare this conception of civic education to those of other liberal theorists. (shrink)

This paper is based on a case study involving construction of a new petrochemical plant near Baton Rouge, Louisiana, and the controversy surrounding its location. The paper will explore ethical issues raised by this plant, utilizing a pragmatic perspective that differs from traditional ethical frameworks. In developing and exploring the implications of this case, the complexities of its moral dimensions will be discussed, as well as the way the insights of classical American pragmatism provide a useful orientation for trying to (...) come to grips with these complexities. (shrink)

It is commonly recognized that not all actions are candidates for moral evaluation. For instance, morality is silent on the issue whether to tie one's right shoe before one's left shoe or the other way around. This shoe-tying action is not a candidate for moral appraisal. The matter is amoral, for neither alternative is morally required nor forbidden, and both are permissible. It is not commonly recognized that not all actions are candidates for prudential evaluation. I shall argue, however, that (...) there are cases of individual action over time, as well, that are aprudent in the sense that none of the alternatives under consideration are required or forbidden by prudence, but all of them are permissible. These are cases in which there is no fact of the matter as to what is the best choice for one. There are at least two such cases: first, cases in which the alternative courses of action open to one are incommensurable; and second, cases in which one's values are not yet determined and one is deciding what values to adopt, what sort of person to become, or what ideals to pursue. In these cases, prudence is silent on the question of what one ought to do. Indeed, I go on to argue prudence can even be silent on the question whether to act according to the values one currently holds or to pursue an entirely different course that will result in changes to one's values, which is the third case of aprudent choice. (shrink)

The trolley problem, first described by Foot (1967) and Thomson (The Monist, 59, 204–217, 1976), is one of the most famous and influential thought experiments in deontological ethics. The general story is that a runaway trolley is threatening the lives of five people. Doing nothing will result in the death of those persons, but acting in order to save those persons would unavoidably result in the death of another, sixth person. It appears that, depending on the situation, we have different (...) moral judgments about the permissibility of action. We will review and systematize all the proposals in the literature of the past 35 years that have attempted to grasp our moral intuitions in a simple deontological principle. In particular, seventeen proposals will be classified: six algorithmic, seven psychological, and four other invalid accounts. This review and classification sheds light on some subtle differences and clarify a few issues. (shrink)

Every day, television news operations have available dozens of video news releases (VNRs), public relations handout videos designed to mimic news formats. Electronic tracking indicates some of these VNRs are used. Critics typically assail VNRs on ethical grounds, that VNRs deceive audience members into thinking they are watching news gathered by reporters, rather than a promotional pitch. Using a snowball technique, the researchers presented survey respondents with authentic-looking local television news stories; 157 respondents evaluated three stories (out of nine). Some (...) stories used station-generated footage, some network, and some VNRs. Respondents were asked their best estimation of the source. The data indicated a real likelihood VNR deception is occurring. Two of the three VNRs deceived at least half the respondents. Respondents were incorrect an average of 46% of the time when attempting to identifying VNRs, compared to 29% incorrectly identifying network video and 20% incorrectly identifying locally shot video. (shrink)

This paper examines the role of vulnerability in the basis of business ethics by criticizing its role in giving a moral substantial character to fiduciary duties to shareholders. The target is Marcoux’s (Bus Ethics Q 13(1):1–24, 2003) argument for morally substantial fiduciary duties vis-à-vis the multifiduciary stakeholder theory. Rather than proceed to support the stakeholder paradigm, a conception of vulnerability is combined with Heath’s 2004) “market failure” view of the ethical obligations of managers as falling out of their roles as (...) professionals involved in the institution of the market. The result is the core of a theoretically defensible and managerially motivating and deployable ethic. (shrink)

The paper situates the new field of men's studies in the context of the evolution of women's studies. It argues that men's studies' distinctive feminist approach to men is a necessary complement to women's studies, citing paradigmatic examples of new perspectives. In tracing women's studies' development, the paper argues that reconceptualizations of "gender" resolve tensions between much of women's studies' non-essentialist empirical social science describing "sex roles" and much of feminist theory's essentialist celebrations of women's core selves.

This article specifically aims to address both the economic and ethical implications of mixed communities in the US through the lens of market failure, and more specifically, the recent subprime financial crisis. Relative to the research of mixed communities and social integration efforts, I first intend to explore income mix as an explanatory variable of census tract level foreclosure rates in the state of Ohio, USA. I aim to show that counter-homogenous income communities display a greater capacity to absorb the (...) adverse affects of the recent subprime financial crisis than concentrated communities of poverty. Second, I intend to provide an ethical appraisal of foreclosure effect on vulnerable communities using John Rawls' "Veil of Ignorance" as an ethical framework by which to evaluate the "fairness" of social segregation. Ethically speaking, a Rawlsian critique exposes the sub-optimality of concentrated pockets of neighborhood deprivation, where the uneven affects of subprime foreclosures are not only disproportionately shouldered by lower-income communities, but also found to be unjust. This study is not intended to suggest the unqualified support of existing US dispersal efforts, but it does contribute to exposing the sub-optimality and injustices of inert, segregated communities. (shrink)

This paper argues that, in a community of rights, the prima facie responsibilities of researchers to attend to the ancillary-care needs of their participants would be determined by a four-stage test . This test, it is suggested, sets a standard for common law courts that are invited to recognize the ancillary-care responsibilities of researchers, whether as a matter of contract or tort law.