Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments (...) of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments (...) of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

This paper examines the extent to which the voluntary adoption of codes of conduct by multinational corporations (MNCs) renders MNCs accountable for the performance of actions specified in a code of conduct. In particular, the paper examines the ways in which codes of conduct coordinate the expectations of relevant parties with regard to the provision of assistance by MNCs on grounds of rescue or justice. The paper argues that this coordinative role of codes of conduct renders MNCs more accountable for (...) the performance of actions specified in a code of conduct than they would be without a code of conduct. This interpretation of the significance of codes of conduct is contrasted with the view that codes of conduct render MNCs accountable for performing actions specified in a code of conduct by grounding contractual obligations for the performance of such actions. (shrink)

:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments of (...) developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

We analyse solidarity as a mixture of social justice on the onehand and a set of cultural values and ascriptions on the otherhand. The latter defines the relevant sense of belonging togetherin a society. From a short analysis of the early stages of theDutch welfare state, we conclude that social responsibility wasoriginally based in religious and political associations. In theheyday of the welfare state, institutions such as sick funds,hospitals or nursing homes became financed collectively entirelyand became accessible to people of (...) all denominations. Solidaritywas transformed in a more general category, related to the statusof Dutch citizenship. Responsibility was transformed tocollective responsibility.Financial pressures on the Welfare State have resulted in adebate on choices in health care and in a number of systemreforms, so far relatively small. In the surrounding discourse,justice was linked to private responsibility. Both fromgovernment officials and from participants in the societaldebate, moralistic overtones could be heard concerning the threatof overburdening of the health care system by citizens.In this paper, we develop a concept of reflexive solidarity thatlinks elements of social justice to conceptualisations ofresponsibility that address policy makers and health careinstitutions as well as citizens, in their role of carereceivers. A short analysis of the phenomenon of personal budgetsin care services should prove that our concept of reflexivesolidarity is not empty. Linked to, but beyond the concept ofjustice, issues of social responsibility can be addressed withoutmoralistic overtones. (shrink)

This paper investigates the relationship between economic theory and theories of justice in the design of public policy. In particular, it focuses on the role of mechanism design in policy contexts beset with issues of social, racial and distributive justice. Economists’ involvement in redesigning Boston’s algorithm for allocating K-12 students to public schools serves as an instructive case study. The paper draws on the distinction betweenideal theoryandnon-ideal theoryin political philosophy and the concept ofperformativityin economic sociology to argue that mechanism design (...) can enact elaborate ideal theories of justice. Anormative gapthus emerges between the goals of the policymakers and the objectives of economic designs. As a result, mechanism design may obstruct stakeholders’ avenues for normative criticism of public policies, and serve as a technology of depoliticization. (shrink)

This research takes a retrospective look at modern consumption opportunities of the U.S. poor from both sides of the marketing exchange relationship. The paper opens with a critical assessment of the consumer-behavior literature and its primary focus on middle-class Americans. The next section profiles the impoverished and their purchasing habits and closes with a summary of how both have changed over the last forty years. Then a theoretical account is presented using consumer literature from the same timeframe. The paper ends (...) with a discussion of common business practices and moral dilemmas that have continued over these decades, along with an ethical paradigm involving distributive justice to guide future management tactics. (shrink)

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)

Business and Society Review, Volume 127, Issue S1, Page 343-367, Spring 2022.

John Rawls’ “reflective equilibrium” ranges amongst the most popular conceptions in contemporary ethics when it comes to the basic methodological question of how to justify and trade off different normative positions and attitudes. Even where Rawls’ specific contractualist account is not adhered to, “reflective equilibrium” is readily adopted as the guiding idea of coherentist approaches, seeking moral justification not in a purely deductive or inductive manner, but in some balancing procedure that will eventually procure a stable adjustment of relevant doctrines (...) and standpoints. However, it appears that the widespread use of this idea has led to some considerable deviations from its meaning within Rawls’ original framework and to a critical loss of conceptual cogency as an ethico-hermeneutical tool. This contribution identifies three kinds of “balancing” constellations that are frequently, but inadequately brought forth under the heading of Rawlsian “reflective equilibrium”: (a) balancing theoretical accounts against intuitive convictions; (b) balancing general principles against particular judgements; (c) balancing opposite ethical conceptions or divergent moral statements, respectively. It is argued that each of these applications departs from Rawls’ original construction of “reflective equilibrium” and also deprives the idea of its reliability in clarifying and weighing moral stances. (shrink)

CITATION: Hattingh, L. 2015. Moral challenges in managed care. South African Journal of Bioethics and Law, 8:17-20, doi:10.7196/SAJBL.431.

We can observe in the progression of the work of Thomas Hobbes through David Hume to John Rawls a development from a focus on severe disorder to order under law and then to concern with distribution. This striking development is not due simply to changes of normative views, but is in large part about the technical or virtually technological capacities of government. There are also non-normative theoretical and significant developments in their theories. Hence, much of the difference between these philosophers, (...) who superficially appear to disagree deeply, is essentially social scientific. If so, they should all be willing to revise conclusions to fit better social science. This is not the whole story, perhaps, or if it is, then we have to conclude that all of them make big scientific mistakes that vitiate their theories. On this view, Hume comes closest to having the theory right in his time and his account is more compelling as a social scientific account of our issues than are the accounts of Hobbes or Rawls. Key Words: Hobbes • Hume • Rawls • social science • order • justice • technology. (shrink)

ABSTRACT John Rawls proposed two criteria for the delimitation of acceptable inequalities. The universal gain principle requires inequalities to be beneficial for all, and the difference principle requires them to be beneficial for the least advantaged. These principles are commonly believed to have originated in Rawls’s work, but they were both clearly expressed in the writings of Nicolas de Condorcet. Contrary to Rawls, Condorcet did not imbed them in the framework of a social contract, but instead sought their foundations in (...) natural rights. Whereas Rawls recommends us to find out what social arrangements rational reasoners would choose in a hypothetical pre-social situation, Condorcet proposes that we ask the underprivileged in our society whether or not they consider themselves to benefit from the prevailing social and economic inequalities. Thus, Condorcet’s original version of the difference principle puts social inequalities to a different test than its latter-day, hypothetical version. (shrink)

This paper offers a pragmatist reading of the political thought of Amartya Sen. In his recent book, The Idea of Justice, Sen argues against the transcendental institutionalism of John Rawls in favour of a comparative approach that differentiates what is more from what is less just. Sen’s fallibilistic approach to justice bears a strong affinity to classical and contemporary pragmatism. Reading Sen in a pragmatist light enables us to appreciate the nature, strengths, and weaknesses of his project. Relying on the (...) thought of Robert Brandom, this paper argues that the ongoing and indeterminate process of working out the details of an imperfect and evolving idea of justice through public reason is an example of what Brandom calls “making explicit in principle what is implicit in practice.” Brandom’s inferentialism offers a useful corrective to Sen’s intuitionism about the idea and perception of “manifest injustice.”. (shrink)

Recent years have seen an explosion of interest in metaphysical explanation, and philosophers have fixed on the notion of ground as the conceptual tool with which such explanation should be investigated. I will argue that this focus on ground is myopic and that some metaphysical explanations that involve the essences of things cannot be understood in terms of ground. Such ‘essentialist’ explanation is of interest, not only for its ubiquity in philosophy, but for its being in a sense an ultimate (...) form of explanation. I give an account of the sense in which such explanation is ultimate and support it by defending what I call the inessentiality of essence. I close by suggesting that this principle is the key to understanding why essentialist explanations can seem so satisfying. (shrink)

The aim of this paper is to propose a model for understanding the relation between substance and procedure in discourse ethics and deliberative democracy capable of answering the common charge that they involve an ‘empty formalism’. The expressive-elaboration model introduced here answers this concern by arguing that the deliberative practical rationality presupposed by discourse ethics and deliberative democracy involves the creation of a practical medium in which certain general basic ideas of solidarity, equality and freedom are expressed and elaborated in (...) the context of widespread moral disagreement. In the course of this paper I propose an elucidation of these ideas and argue for the thesis that they are internally related to the endorsement of deliberative practical rationality. The three basic substantive ideas contribute to the determination of the existence, the form, the topics and intended outcomes, and the effects of the practice of public deliberation. This amounts to an elucidatory defense of deliberative practical rationality by explicating its substantive significance or point. Key Words: critical theory • deliberative democracy • discourse ethics • equality • freedom • Jürgen Habermas • practical reason • John Rawls • solidarity • substance and procedure. (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)

Corporate Strategy has emerged as a central metaphor for private-sector enterprise. Given inherent imperfections in markets, one important question to consider is how well the practice of Corporate Strategy contributes to social welfare. An account of the implicit morality of free markets is developed as a standard against which two particular, second best solutions to market imperfections — namely, American federal antitrust policy and Corporate Strategy — are compared. Corporate Strategy is subsequently evaluated in terms of the fundamental principles of (...) Rawls' theory of justice. In both analyses, Corporate Strategy is found to depart significantly and systematically from the standards of social justice. An alternative principle, grounded in the concept of duty, is introduced as a means for reconceptualizing Corporate Strategy. (shrink)

What should our theorizing about social justice aim at? Many political philosophers think that a crucial goal is to identify a perfectly just society. Amartya Sen disagrees. In The Idea of Justice, he argues that the proper goal of an inquiry about justice is to undertake comparative assessments of feasible social scenarios in order to identify reforms that involve justice-enhancement, or injustice-reduction, even if the results fall short of perfect justice. Sen calls this the “comparative approach” to the theory of (...) justice. He urges its adoption on the basis of a sustained critique of the former approach, which he calls “transcendental.” In this paper I pursue two tasks, one critical and the other constructive. First, I argue that Sen’s account of the contrast between the transcendental and the comparative approaches is not convincing, and second, I suggest what I take to be a broader and more plausible account of comparative assessments of justice. The core claim is that political philosophers should not shy away from the pursuit of ambitious theories of justice (including, for example, ideal theories of perfect justice), although they should engage in careful consideration of issues of political feasibility bearing on their practical implementation. (shrink)

Research Articles Lloyd P. Gerson, Social Philosophy and Policy, FirstView Article.

While most people may initially agree that justice is fairness, as an evangelical Protestant I argue that, for many religious comprehensive doctrines, the Rawlsean model does not possess the resources necessary to sustain tolerance in moral decision making. The weakness of Rawls's model centers on the reasonable priority of convictions that arise from private comprehensive doctrines. To attain a free and pluralistic society, people need resources sufficient to provide reasons to tolerate actions that are otherwise intolerable. In addition to arguing (...) for the deficiency of the Rawlsean political model, I sketch out a preliminary model of ambassadorship that offers religious communities, and in particular Protestant evangelicals, the necessary resources to engage the broader society tolerantly while maintaining their religious convictions. As a citizen of the church and a member of another kingdom, Christians serve as ambassadors to those who are not of the heavenly kingdom. I take this model to be more ambitious than that of a sojourner who lives in the land but is isolated as much as possible from society, while more modest than that of reconstructionists who seek to implement their own sacred law on all others. (shrink)

Leading scholars evaluate the importance of Dewey's work for our times.

In replying to Steven Wall’s and Andrew Lister’s thoughtful essays on my account of justificatory liberalism in this issue, I respond to many of their specific criticisms while taking the opportunity to explicate the foundations of justificatory liberalism. Justificatory liberalism takes seriously the moral requirement to justify all claims of authority over others, as well as all coercive interferences with their lives. If we do so, although we are by no means committed to libertarianism, we find that that many of (...) our cherished values, moral intuitions, and political aspirations no longer ground the range of authority over others many of us would claim. In this sense, justificatory liberalism is a theory of limited authority and limited government — which is what a genuinely liberal theory must be. (shrink)

Les débats entre libéraux sur la justice sociale ont beaucoup alimenté la réflexion contemporaine sur le revenu de base (ou allocation universelle). Cette notion est présentée ici comme relevant de « l’économie de l’égalitarisme libéral », dont le point d’ancrage se situe dans l’œuvre philosophique de Rawls. Celui-ci n’est certes pas partisan de l’allocation universelle, mais sa pensée offre néanmoins un cadre général adéquat pour l’étudier, en particulier par la hiérarchie des principes de justice qu’il défend (1). Au troisième niveau (...) de cette hiérarchie, l’interprétation à donner au « principe de différence » a suscité la controverse des « surfeurs de Malibu », par laquelle Van Parijs a pu défendre le caractère inconditionnel de l’allocation universelle (2). Reste alors à passer de la philosophie à l’économie du revenu de base, en montrant comment ce dernier peut être considéré comme une variante précise d’impôt négatif sur le revenu. A ce stade, une relecture de l’intuition de Friedman sur la question aboutit à considérer l’allocation universelle comme un « crédit d’impôt universel » (3). En conclusion, pour les démocraties libérales et dans le cas de la France, sont esquissées quelques observations prospectives sur une éventuelle application d’une telle conception du revenu de base (4). (shrink)

In just proportional exchange, under Aristotle's theory of reciprocal justice, superior sharers in a community materially assist the weaker, and receive honour as a reward. Aristotle's economic thought is represented with a system of 18 formulae. Explained are: (1) What Aristotle means when he says that it is impossible for two sharers or their erga to be commensurable; (2) The extent to which the variables in Aristotle's proportions can be quantified. (3) What diagonal pairing ( ?ατ δ? ??τ?o? σ ??????) (...) is; (4) How need makes sharers and their erga ?sufficiently' commensurable; and (5) Aristotle's theory of what is just in exchange. (shrink)

If an agent is unsure about which moral theory or principle should guide her action in a decision situation, she faces moral uncertainty. In recent years, various strategies have been explored to deal with this type of uncertainty. In this paper, we briefly mention two strategies from the literature that make use of credence distributions over moral theories, namely “my favourite theory” and “maximizing expected choice-worthiness”. As an alternative, we propose a two-step procedure which uses the concept of aggregation over (...) structural properties. It is standard in the theory of collective choice and has recently been applied to the Kuhnian problem of theory choice as well. The idea is to explore how a morally-motivated rational agent may assess different moral theories on the basis of fundamental properties. These properties are ranked on a common scale of qualitative verdicts. This method enables an outside observer to make comparisons across competing moral theories and then conclude to what degree these theories fulfil a set of postulated properties. By doing so, we try to render the reasons more transparent that lie behind different types of credence ascriptions. (shrink)

The task of this article is to outline foundations of a Marxist-humanist approach to communication justice, media justice, and digital justice. A dialectical approach to justice is outlined that di...

Research into the proper mission of business falls within the context of theoretical and applied ethics. And ethics is fast becoming a part of required business school curricula. However, while business ethics research occasionally appears in high‐profile venues, it does not yet enjoy a regular place within any top management journal. I offer a partial explanation of this paradox and suggestions for resolving it. I begin by discussing the standard conception of human nature given by neoclassical economics as disseminated in (...) business schools; showing it is a significant obstacle to an accurate conception of ethics and how this limits consideration of sustainability and corporate social responsibility. I then examine the scope of the top management journals, showing how their empirical and descriptive focus leaves little room for ethics, which is an essentially conceptual and prescriptive discipline. Finally, I suggest avenues for research into the ethical mission of business, generally—and sustainability and CSR, in particular—by appeal to the precepts of Harvard Business School’s Master’s in Business Administration ethics oath modeled on the medical and legal professions. (shrink)

The ethical matrix approach was developed by Prof Ben Mepham and his colleagues at the University of Nottingham in the early 1990s. Since then the approach has received increasing attention and has been used by several researchers in different projects related to assessing ethical impacts of different food production technologies and other policy options of societal concern. The ethical matrix is sometimes understood simply as a checklist of ethical concerns, but might also be seen as a guide to coming to (...) conclusions on moral questions. The problem I discuss in this paper relates to how using the ethical matrix method as a decision guide can be combined with respecting pluralism. The aim of the paper is to suggest a framework making it possible to – at the same time – enhance public justification of judgments and respect pluralism. I argue that pluralism is fundamental to the ethical matrix approach; I distinguish between intuitionist principled pluralism and societal value pluralism; and I show how both kinds of pluralism imply restrictions on how conclusions can be made. No substantive moral decision principles can be allowed. Still, I argue, decision principles of a more epistemological or procedural character can be acceptable even within pluralism. The pragmatist principle of inquiry is defended as an account of moral problem solving compatible with both principled pluralism and value pluralism. When an ethical matrix is used within such a participatory inquiry process substantive conclusions can be drawn. (shrink)

It has been common for researchers and commentators within the discipline of Social and Public Policy to evoke Rawlsian theories of justice. Yet some now argue that the contractualist tradition cannot adequately incorporate, or account for, relations of care, respect and interdependency. Though contractualism has its flaws this article proposes that we should not reject it. Through a critique of one of its most esteemed critics, Martha Nussbaum, it proposes that contractualism can be defended against the capabilities approach she prefers. (...) The article concludes by suggesting how and why the moral philosophy of Thomas Scanlon offers a basis for reconciling the strengths of a contractualist, egalitarian liberalism with those of Nussbaum’s capabilities approach. (shrink)

Journal of Social Philosophy, EarlyView.

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)

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)

In this paper we claim that Rawls’s theory is compatible with the absence of rectification of extremely important historical injustices within a given society. We hold that adding a new principle to justice-as-fairness may amend this problem. There are four possible objections to our claim: First, that historical rectification is not required by justice. Second, that, even when historical rectification is a matter of justice, it is not a matter of distributive justice, so that Rawls’s theory is justified in leaving (...) it unaddressed. Third, that dealing with historical injustice is outside of the scope of ideal theory, so that even when historical rectification is required by justice, Rawls’s theory starts with the assumption that no such historical injustice has occurred. Fourth, that while historical injustice is within the scope of Rawls’s theory, there is no need for further principles of justice to deal with it, so that the correct regulation of the principles of justice-as-fairness would ensure the rectification of all relevant historical injustices of a particular society. While we offer several arguments against the first and second objections, we address the last two at length and show that both fail. (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)

Bioethical research has tended to focus on theoretical discussion of the principles on which the analysis of ethical issues in biomedicine should be based. But this discussion often seems remote from biomedical practice where researchers and physicians confront ethical problems. On the other hand, published empirical research on the ethical reasoning of health care professionals offer only descriptions of how physicians and nurses actually reason ethically. The question remains whether these descriptions have any normative implications for nurses and physicians? In (...) this article, we illustrate an approach that integrates empirical research into the formulation of normative ethical principles using the moral-philosophical method of Wide Reflective Equilibrium (WRE). The research method discussed in this article was developed in connection with the project ‘Bioethics in Theory and Practice’. The purpose of this project is to investigate ethical reasoning in biomedical practice in Denmark empirically. In this article, we take the research method as our point of departure, but we exclusively discuss the theoretical framework of the method, not its empirical results. We argue that the descriptive phenomenological hermeneutical method developed by Lindseth and Norberg (2004) and Pedersen (1999) can be combined with the theory of WRE to arrive at a decision procedure and thus a foundation for the formulation of normative ethical principles. This could provide health care professionals and biomedical researchers with normative principles about how to analyse, reason and act in ethically difficult situations in their practice. We also show how to use existing bioethical principles as inspiration for interpreting the empirical findings of qualitative studies. This may help researchers design their own empirical studies in the field of ethics. (shrink)

Assistive technology has great potential to contribute to health, functioning, and quality of life. To date, as exemplified in the Canadian context, variations and inequities in access to assistive technology are evident; the development of legislation, policies, and programs has not kept up with the increasing use of assistive technology. In this article, we apply ;Daniels’s (2008) theory of just health to argue that equitable access to assistive technology funding and services is necessary for justice. In doing so, we offer (...) theoretical guidance for the development of legislation, policies, and programs to guide such access in health and social services. (shrink)

In this paper, I argue that universities ought to account for the diverse conceptions of the good employed by their students. The complex nature of the good of education, which has both instrumental and intrinsic aspects, means that the modern university should be impartial between students who consume this good for itself or as a means towards more fulfilling goals. The discussion on the intrinsic nature of education follows the line of the Humboldtian perspective. The instrumental benefits considered are the (...) better democratic outcomes reached by having an educated population, the autonomy-facilitating character of higher education and the improvement of marketable skills. I put forward the view that achieving a balance between satisfying the needs of students valuing education intrinsically and those of students valuing it instrumentally is a strategy that should be employed by universities if they aim at regaining their imperiled legitimacy. (shrink)

Insights from social science are increasingly used in the field of applied ethics. However, recent insights have shown that the empirical branch of business ethics lacks thorough theoretical grounding. This article discusses the use of the Rawlsian methods of wide reflective equilibrium and overlapping consensus in the field of applied ethics. Instead of focussing on one single comprehensive ethical doctrine to provide adequate guidance for resolving moral dilemmas, these Rawlsian methods seek to find a balance between considered judgments and intuitions (...) concerning particular cases on the one hand and general principles and theories on the other. In business ethics this approach is promissing because it enables decision-making in a pluralist context with different stakeholders who often endorse different or even conflicting cultural and moral frameworks without giving priority to any of them. Moreover, the method is well founded in political theory. A taxonomy of different kinds of applications is developed, and classified according to the purpose, the content, and the type of justification. On the basis of this taxonomy an inventory of 12 recent applications is made. In terms of the purpose and content of the method the applications are rather diverse. Two conceptual obstacles for applying Rawlsian methods are identified, viz. inclusiveness and the communitarian objection that people have to become detached from their personal life. It is found that methodological questions, such as the question how to retrieve the relevant empirical data, are scarcely addressed in the literature. To advance the use of empirical approaches in general, and that of Rawlsian approaches in particular, it is important not only to use empirical data but to use methodological insights from social sciences in order to further advance the field of empirical ethics. It is recommended that stakeholders be given a more active role in the assessment and justification of these methods. (shrink)

Today, capitalism is in question, as the 2013 Academy of Management conference theme claimed. Many view business skeptically because they see capitalism as incompatible with ethics. The same problem pervades the business ethics education classroom. Business ethics can be taught in a way that demonstrates that economics and ethics are compatible and are integrated most directly in the function of management. This essay provides an overview of Ayn Rand’s philosophy as an alternative to current conventions but largely consistent with approaches (...) such as virtue ethics and conscious capitalism. The essay concludes with challenges to teaching Objectivism in business schools. (shrink)

What does evaluation mean? This article examines the evaluative process as a practical judgment that links a situation to a set of values in order to decide upon a course of action. It starts by discussing A. Sen’s “relational” and “comparative” account of evaluation, built in critical dialogue with J. Rawls’ deductive theory. Comparison, incompleteness, reality, and deliberation are the key principles of Sen’s approach, which, in some respects, echoes that of J. Dewey. The second part shows the relevance of (...) completing Sen’s approach with Dewey’s pragmatism, since Dewey’s emphasis on practical judgment is a useful counterbalance to Sen’s focus on evaluation as a cognitive process. Dewey introduces a shift from values to valuation and draws a distinction between prizing and appraising, which makes the logic of inquiry and the search for consistency between means and ends in a given situation the fulcrum of evaluation. The third part of this paper addresses the relationship between values and norms in evaluative processes. Neither Sen nor Dewey deals with this question in a systematic way, although norms, which are both similar and different from values, contribute to frame evaluations in different ways: as horizons, resources, or constrains. Bringing norms into the picture means completing the pragmatist account with an institutionalist perspective, as we suggest through the example of the evaluation of work. (shrink)