The principle of sustainability is generally taken as a good, but what does sustainability really mean? The notion of sustainability has been at the center of global governance debates for more than a decade and many countries across the world include sustainability in their constitutions. This paper argues that in order to understand the concept of sustainability in a constitutional context, we need to turn to the notion of dignity. The paper explores the concepts of sustainability and dignity and their (...) meanings in the framework of climate justice and related questions and by discussing them in the context of Kantian and republican theory. In addition, the paper looks at intriguing court cases on the importance of nation states meeting their climate law duties. The paper concludes by exploring new uses of the sustainability concept. EU constitutional law will serve as a laboratory in testing these questions. (shrink)

In this article, I address a controversial aspect of Rawls’s treatment of the question of justice between generations: how the parties in the original position could be motivated to select Rawls’s preferred principle of intergenerational savings, which he dubs the just savings principle. I focus on the explanation found in his later work, where he proposes that the correct savings principle is the principle that any generation would have wanted preceding generations to have followed. By expanding upon this explanation, I (...) respond to the objection that this explanation disregards the perspective of the first generation. I demonstrate that this objection ceases to be a concern when a proper account of the parties’ reasoning is developed. What is notable about the explanation I defend is that it relies on the parties adopting maximax – not maximin – as a rule for rational decision making. Having established this intermediary conclusion, I depart with Rawls and consider what savings principle the parties would choose if given more options. Ultimately, I argue that the parties would select a principle that Rawls would have undoubtedly rejected if presented to him at face value. This is because the principle of savings I argue would be selected requires continual economic growth over generations to increase upwards indefinitely – a conclusion Rawls is explicitly trying to avoid in his theory of justice. (shrink)

Humanism is the view that people treat others inhumanely when we fail to see them as human beings, so that our treatment of them will tend to be more humane when we (fully) see their humanity. Recently, humanist views have been criticized on the grounds that the perpetrators of inhumanity regard their victims as human and treat them inhumanely partly for this reason. I argue that the two most common objections to humanist views (and their relatives) are unpersuasive: not only (...) does the evidence marshaled against these views fail to disprove them, it could threaten them only if some questionable assumptions were granted. By providing necessary conceptual ground clearing and routing common lines of attack, I hope to determine what it would take for a humanist project to succeed, thereby paving the way for a full defense of humanism that fulfills its explanatory ambitions. (shrink)

This paper presents an intuitive explanation about why and how Rawlsian Theory of Justice (Rawls in A theory of justice, Harvard University Press, Harvard, 1971) provides the foundations to a solution for algorithmic bias. The contribution of the paper is to discuss and show why Rawlsian ideas in their original form (e.g. the veil of ignorance, original position, and allowing inequalities that serve the worst-off) are relevant to operationalize fairness for algorithmic decision making. The paper also explains how this leads (...) to a specific MinMaxfairness solution, which addresses the basic challenges of algorithmic justice. We combine substantive elements of Rawlsian perspective with an intuitive explanation in order to provide accessible and practical insights. The goal is to propose and motivate why and how the MinMaxfairness solution derived from Rawlsian principles overcomes some of the current challenges for algorithmic bias and highlight the benefits provided when compared to other approaches. The paper presents and discusses the solution by building a bridge between the qualitative theoretical aspects and the quantitative technical approach. (shrink)

In this paper, I defend what may seem a surprising view: that John Stuart Mill’s famous harm principle would, if taken to be what justifies government action, disallow the existence of corporations. My claim is not that harmful activities of currently existing corporations warrants their losing corporate status according to the harm principle. The claim, rather, is that taken strictly, the harm principle and the legal possibility of incorporation are mutually exclusive. This view may be surprising—and I do not at (...) all mean to attribute it to Mill—but if I am right, it should be obvious. It should also encourage us to think more about the nature of the markets within which business occurs. (shrink)

This article critically analyzes Rawls’s attitude toward envy. In A Theory of Justice, Rawls is predominantly concerned with the threat that class envy poses to political stability. Yet he also briefly discusses the kind of envy that individuals experience toward their social peers, which he calls particular envy, and which I refer to as peer envy. He quickly concludes, however, that particular envy would not present a serious risk to the stability of his just society. In this article, I contest (...) this claim by arguing that the principles that structure Rawls’s ideal society are likely to exacerbate particular envy to a politically risky extent. Section 1 reconstructs his account of envy, giving special attention to his belief that competition kindles envy between peers. Section 2 then examines the way in which Rawls often endorses rivalry within the body politic. I argue that the society governed by justice as fairness is, on account of this rivalry, likely to generate a politically problematic degree of particular envy. In Section 3, I invoke ancient Greece as an example of a society that was, as a result of its intense competitiveness, often imperiled by dangerously elevated levels of peer envy. I then survey the key institutional mechanisms by which the ancient Greeks sought to manage this hazardous emotion. It turns out, however, that most of these mechanisms would be unavailable to Rawls insofar as they starkly contravene his principles of justice. I conclude that if Rawlsians wish to establish a society that fosters rivalry, they would do well to reflect on the means by which peer envy can be effectively harnessed. (shrink)

This article explores the cooperation of government and the private sector to tackle the ethical dimension of artificial intelligence. The argument draws on the institutionalist approach in philosophy and business ethics defending a ‘division of moral labor’ between governments and the private sector. The goal and main contribution of this article is to explain how this approach can provide ethical guidelines to the AI industry and to highlight the limits of self-regulation. In what follows, I discuss three institutionalist claims. First, (...) principles of AI ethics should be validated through legitimate democratic processes. Second, compliance with these principles should be secured in a stable way. Third, their implementation in practice should be as efficient as possible. If we accept these claims, there are good reasons to conclude that, in many cases, governments implementing hard regulation are in principle the best instruments to secure an ethical development of AI systems. Where adequate regulation exists, firms should respect the law. But when regulation does not yet exist, helping governments build adequate regulation should be businesses’ ethical priority, not self-regulation. (shrink)

at seek to identify the necessary and sufficient conditions for a work to count as fiction. She argues that this goal cannot really be achieved; instead, she appeals to the notion of genre to distinguish between fiction and nonfiction. This notion is significantly more flex- ible, since it invites us to identify standard—but not necessary—and counter-standard features of works of fiction in light of our classificatory practices. More specifically, Friend argues that the genre of fiction has the genre of nonfiction—and (...) only that genre—as its con- trast class. I will refer to the particular way in which Friend elaborates this claim as the contrast view. I have, nevertheless, the impression that this view unnecessarily narrows down the array of perspectives and attitudes from which we can approach works of fiction. I will thus develop a line of reasoning to the effect that the contrast view should rather be construed as picking out a particular way of relating to works of fiction that lies at the end of a continuum defined by different degrees of reflectivity and estrangement. This implies that the contrast view is false as a general claim about how we experience works of fiction, even though this view may appropriately de- pict a specific way of approaching such works. (shrink)

Contrary to what he expected, Primo Levi didn’t experience his life after being released from Auschwitz as cheerful and light-hearted. He – like many other survivors – was haunted by an obscure and solid anguish. It took some effort for him to discern the object or source of this anguish. He finally identified it as springing from a sense of shame or guilt in front of the drowned, that is, of those who were exterminated in the Lager. He could not (...) determine, however, whether his shame or guilt was at all rational. In this paper l examine Levi’s shame in light of what I regard as the dominant conception of practical deliberation, according to which principles and emotional detachment are central to our ability to deliberate appropriately. This conception underlies the role that John Rawls ascribes to the original position in the determination of the fundamental principles of justice. Deliberation in the original position is supposed to abstract away from any particular moral situations that one may actually have faced, since these are purely circumstantial elements to be discarded as both irrelevant and misleading for a proper deliberation on the principles of justice. In this paper, I intend both to make a case against the conception of practical deliberation on which Rawls’ original position relies and to vindicate the rationality of Levi’s shame, once some well-entrenched assumptions are brought to light and challenged. (shrink)

Ruth Chang and Joseph Raz have both drawn far-reaching consequences for agency from the phenomenon of incommensurability. After criticizing their arguments, I outline an alternative view: if incommensurability is vagueness, then there are no substantial implications for agency, except perhaps a limited form of naturalistic voluntarism if our reasons are provided by desires.

The purpose of this article is to present the main contributions to peace, democracy, and the philosophy of education in Colombia, made by philosopher Guillermo Hoyos-Vásquez (Medellín, 1935 – Bogotá, 2013). The work of this Colombian philosopher stands out for its important contributions to political philosophy as the vital, supportive, and responsible exercise of thought concerning the public interest. Using Kant’s concept of practical reason, Husserl’s lifeworld [Lebenswelt], and Habermas’s communicative action as starting points, Hoyos-Vásquez succeeded in going beyond these (...) political philosophers by trying to apply their ideas in the midst of the difficult context of corruption, drug trafficking and armed conflict in Colombia over the past five decades. At the same time, Hoyos-Vásquez developed throughout his life a varied public activity as a thinker and educator, belying the myth of the theoretical distance between the philosopher and his/her political present or historical reality. The thought of Guillermo Hoyos-Vásquez, and his public action as an educator, represent a substantial contribution to contemporary political and educational philosophy, maintaining a close connection between theory and practice. (shrink)

Experimental ethicists investigate traditional ethical questions with non-traditional means, namely with the methods of the empirical sciences. Studies in this area have made heavy use of philosophical thought experiments such as the well-known trolley cases. Yet, the specific function of these thought experiments within experimental ethics has received little consideration. In this paper we attempt to fill this gap. We begin by describing the function of ethical thought experiments, and show that these thought experiments should not only be classified according (...) to their function but also according to their scope. On this basis we highlight several ways in which the use of thought experiments in experimental ethics can be philosophically relevant. We conclude by arguing that experimental philosophy currently only focuses on a small subcategory of ethical thought experiments and suggest a broadening of its research agenda. (shrink)

I present an interpretation of ideal theory that is grounded in the idea of society as a fair scheme of cooperation, which Rawls describes as the most fundamental idea of justice as fairness. A key element of the Rawlsian idea of cooperation, I claim, is that the individual participants of a genuinely cooperative scheme—whatever its scale—are morally accountable to each other for complying with the scheme’s rules. This means that each participant has the moral standing to demand of the others (...) that they comply with the rules. I argue that the logic of these moral demands requires that the scheme’s rules be worked out on the basis of a strict compliance assumption. In justice as fairness, society as a whole is a grand scheme of cooperation. The principles of justice constitute the moral terms of association for this cooperative scheme, and hence define the moral demands that citizens, as such, may make of one another. Thus, these principles of justice must likewise be worked out on the basis of a strict compliance assumption. I contrast this interpretation with the standard telic alternative, which grounds the strict compliance assumption in its role as part of the theory of a realistic utopia, and argue for the possibility of non-utopian ideal theories. (shrink)

This paper examines and rejects two normative justifications for low-fee private schools, whose expansion throughout the Global South in recent years has been significant. The first justification – what I shall call the ideal thesis – contends that LFPS are the best mechanism to expand access to quality education, particularly at the primary level, and that the premise of their success is that they reject educational equality and state intervention in educational affairs, traditionally associated with public schools, embracing instead educational (...) adequacy and unregulated markets for education. Against this thesis, the paper argues that an ideal educational arrangement must not do away with educational equality and some degree of state interference. The other justification for LFPS – the secondbest thesis – contends that although LFPS do not represent the ideal state of affairs, they nonetheless bring us a step closer to the ideal of universal primary education; they are a ‘realistic’ approximation to that goal. Against the second-best thesis, the paper argues that this justification commits the approximation fallacy: by deviating from the ideal educational arrangement LFPS may obstruct rather than facilitate its achievement. (shrink)

Analytic philosophy is a philosophical tradition dominating Anglo-American philosophy, which emerged with clear features at the beginning of the twentieth century, and had its roots in the nineteenth century and before, and is still strong until now. It in essence is an interest in analysis, language, science, logic, and a systematic rather than a historical approach to philosophical problems. This article aims to understand the concepts of analysis and the analytical method, explain the origins of analytic philosophy, and its development (...) into various movements, and reveal some of its contributions to the philosophy of language, logic, the philosophy of science, the philosophy of mind, and moral and political philosophy. I will rely on analytic method in some of its forms. (shrink)

The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate authority in (...) so far as they aim deliberately to influence their children’s religious views. Healthy familial relationships involve some identification of child with parent and require a sphere of spontaneous interaction between parent and child that are in any case likely to influence those views and constitute a standing threat to autonomy. Correcting over-deferential understandings of parents’ rights enables schools better to promote not only children’s autonomy but also other legitimate civic goals. (shrink)

The thesis provides a philosophically grounded account of a socialist planned economy. While I do not primarily consider a positive case for socialism, I address two major objections to it and thus argue that the possibility of socialism as an alternative form of economic organisation has been dismissed too quickly. Furthermore, I provide an account of the precise form a socialist economy should take, outlining general principles of planning and distribution. Based on a welfarist interpretation of Marx, I show that (...) distribution of consumer goods should be facilitated by an equal distribution of tokens. These tokens can be redeemed for consumer products or substituted for additional leisure time. The rates at which tokens can be redeemed for consumer products should correspond to market clearing prices. Welfare-oriented socialism is also defended against a deontological objection to socialism by Robert Nozick, who claims that socialism leads to injustice because it violates private property rights. The thesis also considers Ludwig von Mises’s calculation argument against socialism, which claims that socialism leads to the abolition of economic rationality. I show how this objection can be overcome by using optimal planning techniques which are responsive to consumer demand as signalled by the market clearing rates of consumer products. The resulting model of socialism is tested using a computer simulation. The simulation also demonstrates that a novel system of valuation based on opportunity cost leads to a better adaptation of production in response to environmental constraints when compared to the labour values of classical political economy. (shrink)

This article draws on research undertaken by the authors as part of the Administrative Data Research Centre in England. Between 2014 and 2017, we conducted four case studies on government administrative data for education, transport, energy and health. The purpose of the research was to examine stakeholder perspectives about the sharing, linking and re-use of government administrative data. In relation to the role and nature of consent given by data subjects for re-use, our study revealed significant variations in data provider (...) and researcher attitudes. Although our study setting was England, we believe that the findings have wider resonance. Our analysis identified six factors which might account for the variations around consent: the specificities of the legislative framework governing the collection and processing of particular data; the type of data being collected and the relational context in which it is created; the broader information governance framework in which the data resides; the creating organization's approach to data release; the relative levels of risk aversity within the creating organization; and public perceptions and social attitudes. In conclusion, we consider whether consent is still the best mechanism available for data re-use, or whether a social contract model of data sharing should be developed. (shrink)

The paper is an attempt to revisit Rawls’ idea of a self, which elicits the concept of justice in the liberal tradition. Justice, as understood in the social and political context, is the basic feature of a well-ordered and rationally developed society and it is considered to be a virtue of the social institution. The liberal theory believes in the basic principle that right is prior to the good, and what is most fundamental to our personhood are not the ends (...) we choose but our capacity to choose them. Hence, in Rawls’ account of the self, absoluteness of the metaphysical priority has an edge over the absoluteness of the moral priority. The idea of an unencumbered self, in the social and historical sense, is at the core of the Kantian-Rawlsian theory of justice, which is under attack by the communitarians. Communitarians like Sandel, however, questions Rawls’ claim for the priority of right over good and maintains that liberals fail to recognize the self is ‘embedded,’ in and partly constituted by communal commitments and values which are objects of choice. In this paper, I examine communitarian critiques of Rawls’ liberal self. Further, I also refer to Rawls’ turn to the ‘political,’ which works as a ‘module’ that fits into and can be supported by a variety of reasonable comprehensive doctrines. (shrink)

Economic disparities often translate into disparities in political influence, rendering political liberties less worthy to poor citizens than to wealthier ones. Concerned with this, Rawls advocated that a guarantee of the fair value of political liberties be included in the first principle of justice as fairness, with significant regulatory and distributive implications. He nonetheless supplied little examination of the content and grounding of such guarantee, which we here offer. After examining three uncompelling arguments in its favor, we complete a more (...) promising yet less explored argument that builds on the value of self-respect. We first inspect the conditions and duties that securing self-respect entails. We then look into how uneven allocations of the value of political liberties bear, expressively and due to the power imbalances they yield, on such conditions and duties. (shrink)

El presente texto constituye un esfuerzo por llevar a cabo un acercamiento teórico a una de las grandes cuestiones de la justicia global: la pobreza en el mundo. Para lograrlo, analizamos esta problemática desde distintas aproximaciones en las que se intenta reflejar las aspiraciones distributivas de la justicia global mediante tres visiones sobre la pobreza.

The aim of the present paper is to offer an interpretation of the Rawlsian original position coherent with its own theory of justice. An evaluation of the aforementioned mechanism is presented. Afterwards, in light of it, a solution of the existing overlapping between its elements is offered. The solution is to consider the formal constraints as «partial conclusions», excluding them from the original position. The original position, as an «intermediate stage» aimed at representing the philosophical foundations of Rawls's theory in (...) a way that could provide the deduction of the principles of justice, cannot include straightforwardly any characteristic of those principles, not even the formal ones. The remainder of the elements of the original position (the idea of a contract, the circumstances of justice, the veil of ignorance and the rationality of the parties), acting conjointly, allow for the deduction of the formal constraints themselves. In addition, they also engender the same effects on the exclusion of egoism as a proposal of principles of justice. (shrink)

Journal of Social Philosophy, EarlyView.

The discussion develops the view that public justification in Rawls’s political liberalism, in one of its roles, is actualist in fully enfranchising actual reasonable citizens and fundamental in political liberalism’s order of justification. I anchor this reading in the political role Rawls accords to general reflective equilibrium, and examine in its light the relationship between public justification, pro tanto justification, political values, full justification, the wide view of public political culture and salient public reason intuitions. This leaves us with the (...) question of how a more plausible, post-Rawlsian political liberalism should understand the commitment to discursive respect and robust discursive equality that is reflected in its view of actualist and fundamental public justification. (shrink)

The notion of relevance plays a role in many accounts of knowledge and knowledge ascription. Although use of the notion is well-motivated, theorists struggle to codify relevance. A reasonable person standard of relevance addresses this codification problem, and provides an objective and flexible standard of relevance; however, treating relevance as reasonableness seems to allow practical factors to determine whether one has knowledge or not—so-called “pragmatic encroachment.” I argue that a fuller understanding of reasonableness and of the role of practical factors (...) in the acquisition of knowledge lets us avoid pragmatic encroachment. (shrink)

What attitude would a just state take to the inheritance of property? Would confiscatory taxes on the estate of the deceased be morally acceptable, or would they represent some kind of wrong? While there is a good amount of political philosophical scholarship that considers the desirability of inheritance tax, there appears to be little that has considered it from the perspective of rights theory, asking what kind of thing a right to bequeath or to inherit would be, and whether those (...) putative rights are defeasible. I argue here that putative inheritance rights are best made sense of as interest-rights. However, while agents may have interests in bequest and inheritance, it is also plausible that the community as a whole has interests that would be served by a confiscatory inheritance tax; and if inheritors’ and testators’ interests are strong enough to generate a prima facie right, it is also plausible that the community would have a competing prima facie right. Importantly, there is reason to think that the community’s interests trump the testator’s and the inheritor’s; if there are thoroughgoing rights in respect of inheritance, it is not at all clear that a highly confiscatory tax would violate them. (shrink)

Inclusive design prescribes addressing the needs of the widest possible audience in order to consider human differences. Taking differences seriously, however, may imply severely restricting “the widest possible audience”. In confronting this paradox, we investigate to what extent Rawls’ theory of justice as fairness applies to design. By converting the paradox into the question of how design can be fair, we show that the demand for equitability shifts from the design output to the design process. We conclude that the two (...) main questions about justice find application in design: the question about the standards of justice and the question about its metrics. We endorse a Rawlsian approach to the former, while some revision may be due regarding the latter. (shrink)

This paper analyses the relatively neglected topic of hierarchy in the philosophical foundation of human rights. It develops a transcendental-discursive approach. This approach develops the idea that all human rights could be derived from a small set of fundamental rights that are interconnected and that incorporate all ulterior possible specific rights. This set is then applied to an analysis of human rights as they have been formulated in the Universal Declaration of Human Rights. The claim is that this prior set (...) of transcendental rights is discursively implied whenever we talk about human rights. Thinking about the hierarchy of rights pragmatically means thinking about prioritising their implementation. Some consequences for practical philosophy and politics concerning the role of states, enterprises and world citizenship are then discussed. (shrink)

In this article I defend the capability approach by focusing on its built-in gender-sensitivity and on its concern with comprehensive outcomes and informationally-rich evaluation of well-being, two elements of Sen's work that are too rarely put together. I then try to show what the capability approach would have to gain by focusing on trans-positional objectivity (as Elizabeth Anderson does) and by leaving behind the narrow confines of states in favor of a more cosmopolitan stance. These preliminary discussions are followed by (...) two more precise applications. At first, I show how a gender-sensitive capability approach that respects the criteria of trans-positional objectivity and cosmopolitanism can enhance the agency of women inhabiting third-world societies. I turn next to show how mainstream feminism can insulate itself against criticisms such as bell hooks' by switching to trans-positional objectivity in public reasoning. (shrink)

En este artículo defiendo que la concepción rawlsiana de la justicia distributiva va más allá de los márgenes de la justicia asignativa y que esta presenta buenos argumentos para hacer frente a las demandas de reconocimiento. Para alcanzar este objetivo, en primer lugar muestro que algunos críticos del paradigma liberal distributivo malinterpretan la concepción de la justicia distributiva elaborada por Rawls y reducen su finalidad a un mero reparto de bienes. Al hacer lo anterior, ellos no logran comprender la dimensión (...) moral de la propuesta rawlsiana, propuesta firmemente asentada en la idea de reconocimiento. En segundo lugar, analizo la relevancia que tienen las nociones de reconocimiento recíproco y autorrespeto en la teoría de la justicia de Rawls, para finalmente mostrar cómo a partir de ellas se puede reinterpretar la finalidad de la justicia distributiva e incluir las demandas de reconocimiento. (shrink)

Exploramos aquí la conexión entre los conceptos de riesgo e igualdad en el argumento del observador imparcial. La concepción de la justicia que elegiría un observador imparcial se justifica por la pureza del procedimiento de elección. Sin embargo, si modelizamos esta decisión utilizando medidas del riesgo habituales en matemática financiera, veremos cómo el criterio de elección del observador bajo el velo de la ignorancia contiene una preferencia implícita por el grado de desigualdad resultante. Esto nos obliga a reconsiderar la pureza (...) procedimental de la elección. (shrink)

På et fotballag i overgangen mellom barne- og ungdomsfotballen er spilletid på fotballbanen under kamp både en knapp ressurs og en kilde til diskusjoner om fordeling. Spørsmålet som er utgangspunkt for denne artikkelen, er hvilke hensyn som bør tas når trener og lagleder skal fordele samlet spilletid på enkeltspillere. Er det viktigst å vinne fotballkampen, eller har det størst betydning å fordele spilletiden mest mulig likt mellom spillerne? Skal det tas hensyn til guttenes evner, motivasjon og preferanser? Er deres familiebakgrunn (...) og personlighet av betydning? Diskusjonen baserer seg på en gjennomgang av ulike politiske rettferdighetsteorier for fordeling av knappe goder.Nøkkelord: rettferdighet, practice, fordelingsrettferdighet, diskursetikk, idrettsetikkEnglish summary: Minutes of justice: Distribution of time during football matches in a boys' teamDuring a football match, time for playing can be considered as a limited good. In this article the point of departure is the redistribution of time in a boys' football team in the transition phase between children and youth football. The questions are how and under which conditions time for playing should be distributed among the players. Is winning the game more important than trying to let every player play for an equal amount of time? Should the boys' talents, motivation, and preferences be considered while distributing time, or are family background and personality of importance? Different theories of political justice for the distribution of limited goods underpin the discussion of how to distribute the minutes of playing time during a football match. (shrink)

In this paper I discuss the problem of the Kantian line. The problem arises because the locus of value in Kantian ethics is rationality, which (counterintuitively) seems to entail that there are no duties to groups of beings like children. I argue that recent attempts to solve this problem by Wood and O’Neill overlook an important aspect of it before posing my own solution.

John Rawls is famous for two things: his attempt to ground morality in rationality and his conception of justice as fairness. He has developed and polished both in conjunction over the course of half a century. Yet the moral principles he advocates have always been more doctrinaire than the corresponding justification model should have ever allowed with design details explicitly promising objectivity. This article goes to the beginning, or to a reasonable proxy for it, in the “Outline of a Decision (...) Procedure for Ethics,” with the aim of exposing and examining the discrepancy where it originates. The goal is not to prey on the earliest version of an initiative later undergoing revision but to identify and investigate the inception of a systematic bias that is retained rather than revised in subsequent iterations. (shrink)

When are we morally obligated as a society to help the homeless, and is coercive interference justified when help is not asked for, even refused? To answer this question, we propose a comprehensive taxonomy of different types of homelessness and argue that different levels of autonomy allow for interventions with varying degrees of pressure to accept help. There are only two categories, however, where paternalism proper is allowed, be it heavily qualified. The first case is the homeless person with severely (...) diminished autonomy as a result of mental illness, and the second case is the homeless person who runs a risk of serious and imminent harm to self. In the first case, namely, that of soft paternalism, we argue that coercive intervention in the case of a refusal to accept help should be focused on the provision of housing that meets basic needs—needs that we outline in the article. In the case of imminent and severe harm to self, the case of hard paternalism, we argue that forced intervention can only be allowed if it is temporary and local, namely focused on getting someone out of harm’s way. (shrink)

Over four decades, research and policy have created layers of understandings in the quest for "good" corporate governance. The corporate excesses of the 1970s sparked a search for market mechanisms and disclosure to empower shareholders. The UK-focused problems of the 1990s prompted board-centric, structural approaches, while the fall of Enron and many other companies in the early 2000s heightened emphasis on director independence and professionalism. With the financial crisis of 2007–09, however, came a turn in some policy approaches and in (...) academic literature seeking a different way forward. This paper explores those four phases and the discourse each develops and then links each to assumptions about accountability and cognition. After the financial crisis came pointers in policy and practice away from narrow, rationalist prescriptions and toward what the philosopher Stephen Toulmin calls "reasonableness". Acknowledging that heightens awareness of complexity and interdependence in corporate governance practice. The paper then articulates a research agenda concerning what "reasonably" good corporate governance might entail. (shrink)

Abolitionism is an animal rights' philosophy and social movement which has recently begun to grow. It has been largely contested but the criticisms directed at it have usually been articulated outside academia. In this article, I wish to contend that one of the criticisms directed at abolitionism—that it contains racist implications—is correct. I do this by defending the idea that abolitionism engages in what Eduardo Bonilla-Silva classifies as ‘racism without racists’—an unintentional and subtle form of racism. I present three ways (...) in which abolitionism may be considered racist and then address some possible objections to my view. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

Although analyses of large-scale land acquisitions often contain an explicit or implicit normative judgment about such projects, they rarely deduce such judgment from a nuanced balancing of pros and cons. This paper uses assessments about a well-researched LSLA in Sierra Leone to show that a utilitarian approach tends to lead to the conclusion that positive effects prevail, whereas deontological approaches lead to an emphasis on negative aspects. LSLA are probably the most radical land-use change in the history of humankind. This (...) process of radical transformation poses a challenge for balanced evaluations. Thus, we line out a framework that focuses on the options of local residents but sets boundaries of acceptability through the core contents of human rights. In addition, systemic implications of a project need to be regarded. (shrink)

:This paper argues that, inasmuch as exploitation is a form of injustice, exploitative acts need not be performed intentionally.

Pluralistic theories of global distributive justice aim at justifying a plurality of principles for various subglobal contexts of distributive justice. Helena de Bres has recently proposed the class of disaggregated pluralistic theories, according to which we should refrain from defending principles that apply to the shared background conditions of such subglobal contexts. This article argues that if one does not justify how these background conditions should be regulated by principles of a just global basic structure, then the realization of the (...) principles that are justified for the subglobal contexts of distributive justice can erode and undermine justice over time. For example, the realization of justice in international trade might undermine climate justice, at least if climate justice requires increasing tariffs but justice in international trade calls for reducing tariffs. Principles of a just global basic structure would have to ensure that such justice-eroding spillover effects from one to another context of justice do not occur. Finally, the article responds critically to de Bres’ objections that an account of a just global basic structure is too idealistic, not action guiding, and superfluous. (shrink)

This paper offers an account of human dignity based on a discussion of Kant's moral and political philosophy and then shows its relevance for articulating and developing in a fresh way some normative dimensions of Marx’s critique of capitalism as involving exploitation, domination, and alienation, and the view of socialism as involving a combination of freedom and solidarity. What is advanced here is not Kant’s own conception of dignity, but an account that partly builds on that conception and partly criticizes (...) it. The same is the case with the account of socialism in relation to Marx’s work. As articulated, Kantian dignity and Marxian socialism turn out to be quite appealing and mutually supportive. (shrink)

Conceptions of acceptability-based moral or political justification take it that authoritative acceptability constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people when it builds ψ. I (...) argue that (i) and (ii) are interdependent: high idealization values entail low discursive purchase, while high degrees of purchase require low idealization values. I then distinguish between alethic conceptions of justification that prioritize ends that commit to high idealization values, and recognitive conceptions that favour high discursive purchase. On this basis, I argue for a moderately recognitivist constraint on idealization. To render the recognitive discursive minimum available to relevant people at the site of justification, S should set ψ low enough so that it is a genuine option for actual people to reject relevant views in ways that S recognizes as authoritative. (shrink)

The cardinal role that notions of respect and self-respect play in Rawls’s A Theory of Justice has already been abundantly examined in the literature. In contrast, it has hardly been noticed that these notions are also central to Michael Walzer’s Spheres of Justice. Respect and self-respect are not only central topics of his chapter “Recognition”, but constitute a central aim of a “complex egalitarian society” and of Walzer’s theory of justice. This paper substantiates this thesis and elucidates Walzer’s criticism of (...) Rawls that we need to distinguish between “self-respect” and “self-esteem”. (shrink)

This paper links the conjecture that the physical world is a virtual reality to the findings of modern physics. What is usually the subject of science fiction is here proposed as a scientific theory open to empirical evaluation. We know from physics how the world behaves, and from computing how information behaves, so whether the physical world arises from ongoing information processing is a question science can evaluate. A prima facie case for the virtual reality conjecture is presented. If a (...) photon is a pixel on a multi-dimensional grid that gives rise to space, the speed of light could reflect its refresh rate. If mass, charge and energy all arise from processing, the many conservation laws of physics could reduce to a single law of dynamic information conservation. If the universe is a virtual reality, then its big bang creation could be simply when the system was booted up. Deriving core physics from information processing could reconcile relativity and quantum theory, with the former how processing creates the space-time operating system and the latter how it creates energy and matter applications. (shrink)