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Justice as fairness

Philosophical Review 67 (2):164-194 (1958)

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  1. Radical actions to address UK organ shortage, enacting Iran’s paid donation programme: A discussion paper.Rebecca Timmins & Magi Sque - 2019 - Nursing Ethics 26 (7-8):1936-1945.
    Globally there is a shortage of organs available for transplant resulting in thousands of lives lost as a result. Recently in the United Kingdom 457 people died as a result of organ shortage in just 1 year. 1 NHS Blood and Transplant suggest national debates to test public attitudes to radical actions to increase organ donation should be considered in addressing organ shortage. The selling of organs for transplant in the United Kingdom is prohibited under the Human Tissue Act 2004. (...)
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  • How Kantian must Kantian constructivists be?Evan Tiffany - 2006 - Inquiry: An Interdisciplinary Journal of Philosophy 49 (6):524 – 546.
    Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...)
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  • Uniqueness and symmetry in bargaining theories of justice.John Thrasher - 2014 - Philosophical Studies 167 (3):683-699.
    For contractarians, justice is the result of a rational bargain. The goal is to show that the rules of justice are consistent with rationality. The two most important bargaining theories of justice are David Gauthier’s and those that use the Nash’s bargaining solution. I argue that both of these approaches are fatally undermined by their reliance on a symmetry condition. Symmetry is a substantive constraint, not an implication of rationality. I argue that using symmetry to generate uniqueness undermines the goal (...)
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  • On Choosing a Morality.G. B. Thomas - 1975 - Canadian Journal of Philosophy 5 (3):357 - 374.
    John Rawls’ use of a contractarian strategy for justifying basic principles of justice has raised the hope that a similar strategy might work for a theory of right and moral principles generally. I want to show that this hope cannot be fulfilled.In what follows I interpret contractarianism in a Rawlsian way on the grounds that his is the most plausible version of the doctrine we are likely to get. I am not however concerned with the details of Rawls’ argument for (...)
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  • On the circumstances of justice.Adam J. Tebble - 2016 - European Journal of Political Theory:147488511666419.
    An epistemic account of the circumstances of justice allows one to make three important claims about the Humean and Rawlsian ‘standard account’ of those circumstances. First, and contrary to Hume,...
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  • Justice and Utility.Paul W. Taylor - 1972 - Canadian Journal of Philosophy 1 (3):327 - 350.
    That utility is not a sufficient test for a set of social rules to be morally binding upon a group of persons has been argued in a number of recent books and articles. Yet it is generally conceded in these arguments that a group's observance of rules makes possible greater benefits than would accrue if each did not associate himself with others under the rules. It is not denied that the practice of morality is socially advantageous. What is denied is (...)
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  • Of Fair Markets and Distributive Justice.Mukesh Sud & Craig V. VanSandt - 2011 - Journal of Business Ethics 99 (S1):131-142.
    The authors argue that a free market paradigm facilitates wealth creation but does little to distribute that wealth in a just manner. In order to achieve the social goal of distributive justice, the concept of a fair market is introduced and explored. The authors then examine three drivers that can help improve the lives of all people, especially the poor: civil society, its institutions, and business. After exploring the roles these drivers might play in developing fair markets, we describe three (...)
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  • The political import of intrinsic objections to genetically engineered food.Robert Streiffer & Thomas Hedemann - 2005 - Journal of Agricultural and Environmental Ethics 18 (2):191-210.
    Many people object to genetically engineerehd (GE) food because they believe that it is unnatural or that its creation amounts to playing God. These objections are often referred to as intrinsic objections, and they have been widely criticized in the agricultural bioethics literature as being unsound, incompatible with modern science, religious, inchoate, and based on emotion instead of reason. Many of their critics also argue that even if these objections did have some merit as ethicalobjections, their quasi-religious nature means that (...)
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  • Territorial boundaries and history.Anna Stilz - 2019 - Politics, Philosophy and Economics 18 (4):374-385.
    This article evaluates the theory of boundary legitimacy put forward in A John Simmons’s recent book Boundaries of Authority. I believe Simmons is correct to hold that questions about the legitimac...
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  • Is The Free Market Fair?Anna Stilz - 2014 - Critical Review: A Journal of Politics and Society 26 (3):423-438.
    While John Tomasi's Free Market Fairness is ambitious, provocative, and does much to reinvigorate debate about economic justice, his argument for market democracy is not compelling. I discuss two objections. First, I offer doubts about whether “thick” economic freedom is a condition of democratic legitimacy. While Tomasi raises the intriguing possibility that liberal commitments may justify a somewhat more expansive list of economic rights than traditionally recognized, he fails to give a well-worked-out account of these rights. Instead, he argues for (...)
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  • The incentives account of feasibility.Zofia Stemplowska - 2020 - Philosophical Studies 178 (7):2385-2401.
    In Utopophobia Estlund offers a prominent version of a conditional account of feasibility. I think the account is too permissive. I defend an alternative incentives account of feasibility. The incentives account preserves the spirit of the conditional account but qualifies fewer actions as feasible. Simplified, the account holds that an action is feasible if there is an incentive such that, given the incentive, the agent is likely to perform the action successfully. If we accept that ought implies feasible, then we (...)
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  • Exploitation, intentionality and injustice.Hillel Steiner - 2018 - Economics and Philosophy 34 (3):369-379.
    :This paper argues that, inasmuch as exploitation is a form of injustice, exploitative acts need not be performed intentionally.
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  • Deontology: born and kept in servitude by utilitarianism.Asger Sørensen - 2008 - Danish Yearbook of Philosophy 43 (1):69-95.
    The distinction between teleology and deontology is today almost universally accepted within practical philosophy, but deontology is and has from the beginning been subordinate to utili-tarianism. ‘Deontology’ was constructed by Bentham to signify the art and science of private morality within a utilitarian worldview. The classical distinction was constructed by Broad as a refinement of Sidgwick’s utilitarianism, and then adopted by Frankena. To Broad it signified two opposite tendencies in ethics, in Frankena’s textbooks, however, it becomes an exclusive distinction, where (...)
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  • In Defense of Ectogenesis.Anna Smajdor - 2012 - Cambridge Quarterly of Healthcare Ethics 21 (1):90-103.
    In his article “Research Priorities and the Future of Pregnancy” in this issue of CQ, Timothy Murphy evaluates some of the arguments I advanced in an earlier publication, “The Moral Imperative for Ectogenesis.
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  • Political morality and neutrality.Michal Sládecek - 2018 - Filozofija I Društvo 29 (3):401-414.
    The article gives the reasons why a distinction between political morality and ethical conceptions needs to be drawn, as well as the reasons for which political liberalism is a substantial moral conception, and as such in tension with certain understandings of the neutrality. Further, the text analyzes the definition of personality through capacity for action. Recognition of this capacity is necessary, but not sufficient to attribute to a person a special status from the standpoint of political morality, since individuals also (...)
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  • Review. [REVIEW]Brian Skyrms - 1996 - British Journal for the Philosophy of Science 47 (4):627-629.
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  • Além da Dicotomia Fato/Valor: Justificação e Legitimação.Denis Coitinho Silveira - 2013 - Trans/Form/Ação 36 (1):165-186.
    Meu principal objetivo, neste artigo, é analisar o problema da justificação moral para JohnRawls, caracterizando a teoria da justiça como equidade como um sistema coerentista de justificaçãoque conta com uma epistemologia coerentista holística, uma teoria do contrato social que introduzuma ontologia social e uma estratégia pragmatista de justificação na teoria contratualista. No escopodeste trabalho, examinarei o pressuposto pragmatista de justificação na teoria do contrato social, o qual faz uso do argumento da estabilidade social e legitimidade política para garantir a validade (...)
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  • Organisational Justice: A Senian Perspective.Samir Shrivastava, Robert Jones, Christopher Selvarajah & Bernadine Van Gramberg - 2016 - Journal of Business Ethics 135 (1):99-116.
    In this paper, we draw inferences from the Nobel laureate Amartya Sen’s book, The Idea of Justice to inform the organisational justice literature. The extant societal-level theories of justice tend to emphasise aspects that are analogous to either the procedural or distributive dimensions of organisational justice. The Senian idea of comprehensive justice is different in that it synthesises the procedural- and distributive-related dimensions at the societal-level. We theorise that the Senian notion could be applied at the organisational-level to facilitate outcomes (...)
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  • Equity and nuclear waste disposal.Kristin Shrader-Frechette - 1994 - Journal of Agricultural and Environmental Ethics 7 (2):133-156.
    Following the recommendations of the US National Academy of Sciences and the mandates of the 1987 Nuclear Waste Policy Amendments Act, the US Department of Energy has proposed Yucca Mountain, Nevada as the site of the world's first permanent repository for high-level nuclear waste. The main justification for permanent disposal (as opposed to above-ground storage) is that it guarantees safety by means of waste isolation. This essay argues, however, that considerations of equity (safer for whom?) undercut the safety rationale. The (...)
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  • The Prospects for Sufficientarianism.Liam Shields - 2012 - Utilitas 24 (1):101-117.
    Principles of sufficiency are widely discussed in debates about distributive ethics. However, critics have argued that sufficiency principles are vulnerable to important objections. This paper seeks to clarify the main claims of sufficiency principles and to examine whether they have something distinctive and plausible to offer. The paper argues that sufficiency principles must claim that we have weighty reasons to secure enough and that once enough is secured the nature of our reasons to secure further benefits shifts. Having characterized sufficientarianism (...)
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  • Two interpretations of the difference principle in Rawls's theory of justice.Prakash P. Shenoy & Rex Martin - 1983 - Theoria 49 (3):113-141.
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  • Welfare inequalities and Rawlsian axiomatics.Amartya Sen - 1976 - Theory and Decision 7 (4):243-262.
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  • Rawls versus Bentham: An axiomatic examination of the pure distribution problem.Amartya Sen - 1974 - Theory and Decision 4 (3-4):301-309.
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  • Adam Smith and the contemporary world.Amartya Sen - 2010 - Erasmus Journal for Philosophy and Economics 3 (1):50-67.
    This paper argues that many of Adam Smith’s insights,particularly those in his Theory of moral sentiments, have a relevance tocontemporary thought about economics and ethics that is currentlyunderappreciated. In economics, for example, Smith was concerned notonly with the sufficiency of self-interest at the moment of exchange butalso with the wider moral motivations and institutions required tosupport economic activity in general. In ethics, Smith’s concept of animpartial spectator who is able to view our situation from a criticaldistance has much to contribute (...)
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  • The moral reasoning of HEC members.Donnie J. Self & Joy D. Skeel - 1998 - HEC Forum 10 (1):43-54.
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  • Walk the Talk: Financial Fairness in European Club Football.Mathias Schubert & Francisco Javier Lopez Frias - 2017 - Sport, Ethics and Philosophy 13 (1):33-48.
    UEFA’s Financial Fair Play regulations represent the most restrictive regulatory intervention European club football has ever seen. Put simply, it demands from clubs to operate on the basis of their own football-related incomes. While the policy has attracted considerable attention from the economic and social sciences, very few contributions systematically investigate it from a philosophical-ethical perspective. The present paper fills this research gap by posing questions on FFP in relation to fair play as a normative concept. We draw on sport (...)
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  • Towards Principled Responsible Research and Innovation: Employing the Difference Principle in Funding Decisions.Doris Schroeder & Miltos Ladikas - 2015 - Journal of Responsible Innovation 2 (2):169-183.
    Responsible Research and Innovation (RRI) has emerged as a science policy framework that attempts to import broad social values into technological innovation processes whilst supporting institutional decision-making under conditions of uncertainty and ambiguity. When looking at RRI from a ‘principled’ perspective, we consider responsibility and justice to be important cornerstones of the framework. The main aim of this article is to suggest a method of realising these principles through the application of a limited Rawlsian Difference Principle in the distribution of (...)
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  • The Impact of Culture on Corruption, Gross Domestic Product, and Human Development.Wolfgang Scholl & Carsten C. Schermuly - 2020 - Journal of Business Ethics 162 (1):171-189.
    The evidence of culture’s impact on corruption and its consequences is still inconclusive despite several investigations: Sometimes, theory is lacking and causes and consequences seem exchangeable. Based on psychological research on the distribution and use of power, we predicted that a steeper distribution of power induces more corruption and elaborated its negative consequences in a complex causal model. For measuring power distribution, pervading national culture, we augmented Hofstede’s ‘Power Distance’ with three additional indicators into a reversed, more reliable and valid (...)
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  • Larmore and Rawls.Bart Schultz - 1999 - Philosophy of the Social Sciences 29 (1):89-120.
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  • David Willetts: The Pinch. How the baby boomers took their children’s future – and why they should give it back. [REVIEW]Raphaelle Schwarzberg - 2010 - Intergenerational Justice Review 5 (1).
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  • Citizenship, reciprocity, and the gendered division of labor: A stability argument for gender egalitarian political interventions.Gina Schouten - 2017 - Politics, Philosophy and Economics 16 (2):174-209.
    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 (...)
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  • Citizenship, reciprocity, and the gendered division of labor.Gina Schouten - 2017 - Politics, Philosophy and Economics 16 (2):174-209.
    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 (...)
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  • The indeterminacy failures of moral cosmopolitanism and liberal nationalism.Theresa Scavenius - 2017 - Journal of Global Ethics 13 (2):206-220.
    Much of the discussion on cosmopolitanism and nationalism has focused on their different normative views. The purpose of this article is to shift the attention away from the normative debate to the metatheoretical argument about how we determine moral and political principles independently of each other. I argue that the discussion among proponents of cosmopolitanism and contextualist models boils down to latent methodological and metatheoretical assumptions about what selection of facts are considered politically relevant. In the article, I explore what (...)
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  • Rawls’ Idea of a Liberal Self: A Communitarian Critique.Arup Jyoti Sarma - 2020 - Journal of the Indian Council of Philosophical Research 37 (3):383-402.
    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 (...)
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  • Just society.Rakesh K. Sarin - 2021 - Theory and Decision 91 (4):417-444.
    I examine the foundations of a just society using the lens of decision theory. The conception of just society is from an individual’s viewpoint: where would I rather live if I have an equal chance of being any individual? Three alternative designs for a just society are examined. These are: laissez-faire, maximin and social minimum. Two assumptions about human nature clarify the distinction among three societies. The first assumption is that a representative individual’s utility function is concave. The second assumption (...)
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  • The limits of fair equality of opportunity.Benjamin Sachs - 2012 - Philosophical Studies 160 (2):323-343.
    The principle of fair equality of opportunity is regularly used to justify social policies, both in the philosophical literature and in public discourse. However, too often commentators fail to make explicit just what they take the principle to say. A principle of fair equality of opportunity does not say anything at all until certain variables are filled in. I want to draw attention to two variables, timing and currency. I argue that once we identify the few plausible ways we have (...)
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  • The Ground of Solidarity in Post-Metaphysical Polities.Agustin Martin G. Rodriguez - 2005 - Philosophy Today 49 (3):211-224.
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  • Business’ Environmental Obligations and Reasoned Public Discourse: A Kantian Foundation for Analysis.Richard Robinson & Nina Shah - 2019 - Journal of Business Ethics 159 (4):1181-1198.
    The Kantian categorical imperative process of rational reflection and reasoned social discourse is theoretically capable of forming the moral environmental maxims applicable to business. This article argues that rational environmental discourse demands that business has an imperfect duty to develop relevant unbiased information, and perhaps to disseminate this information through participation in business-public coalitions. For the environmental problem, this “rationality” particularly concerns our obligations toward future generations and distant people while recognizing that they cannot participate in current discourse, and the (...)
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  • The Difference Principle, Rising Inequality, and Supply-Side Economics: How Rawls Got Hijacked by the Right.Mark R. Reiff - 2012 - Revue de Philosophie Économique 13 (2):119-173.
    Rawls intended the difference principle to be a liberal egalitarian principle of justice. By that I mean he intended it to provide a moral justification for a moderate amount of redistribution of income from the most advantaged members of society to the least. But since the difference principle was introduced, economic inequality has increased dramatically, reaching levels now not seen since just before the Great Depression, levels that Rawls surely would have thought perverse. Many blame this increase on the rise (...)
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  • TQM: Just what the ethicist ordered. [REVIEW]Cecily Raiborn & Dinah Payne - 1996 - Journal of Business Ethics 15 (9):963 - 972.
    Total quality management (TQM) has become a basic business practice in organizations throughout the world. Implementation of TQM in these organizations has been driven by the desire to increase profits in the highly competitive business world. Total quality management techniques are designed to improve performance.Concurrently, organizations are striving to eradicate the concept that the termbusiness ethics is an oxymoron. Corporate codes of conduct have been developed to indicate the outside boundaries of acceptable organizational behavior and companies are espousing and enforcing (...)
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  • The ballot and the wallet: Self-respect and the fair value of political liberties.Jahel Queralt & Iñigo González-Ricoy - 2020 - European Journal of Philosophy 29 (2):410-424.
    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 (...)
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  • A dilemma for Rawls?Lansing Pollock - 1971 - Philosophical Studies 22 (3):37 - 43.
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  • Punishment and societal defense.Phillip Montague - 1983 - Criminal Justice Ethics 2 (1):30-36.
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  • Political Theory as Utopia.Lassman Peter - 2003 - History of the Human Sciences 16 (1):49-62.
    Political theory has been described as an `enterprise of discovery' that carries within it the danger of utopianism. This article explores one aspect of that danger: the question of the paradoxical or circular nature of much political thinking. This seems to be both a necessary and an impossible feature of such theorizing. Political theory itself seems to require an idea of utopia that is, by definition, impossible to achieve.
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  • Fair Contracts and Beautiful Intuitions.Gregory E. Pence - 1977 - Canadian Journal of Philosophy 7 (sup1):137-152.
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  • Warding off the Evil Eye: Peer Envy in Rawls's Just Society.James S. Pearson - forthcoming - Archiv für Geschichte der Philosophie.
    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 (...)
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  • Sustainable development: The ethics support the economics. [REVIEW]Dinah M. Payne & Cecily A. Raiborn - 2001 - Journal of Business Ethics 32 (2):157 - 168.
    Within their value chains of suppliers through customers, many businesses are becoming more aware of the environmental aspects and impacts of their organizations. Viewed as a continuum of behavior, business environmentalism can range from simply complying with the law to accepting and pursuing a goal of sustainable development. The point on the continuum at which an organization chooses to operate is reflected in its environmental mission, policies, and actions. Attributes of the various levels of behavior and classification of some organizational (...)
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  • Aggressive Tax Avoidance: A Conundrum for Stakeholders, Governments, and Morality.Dinah M. Payne & Cecily A. Raiborn - 2018 - Journal of Business Ethics 147 (3):469-487.
    This is the conundrum that gives rise to the issue of tax avoidance: Although governments always seem to lack sufficient funds to support the needs of society, tax codes are often written that offer “a way out” of paying taxes for some but not all constituents. The ways out are referred to as loopholes that allow taxpayers to avoid taxes. This paper first defines the basic terms of tax avoidance and tax evasion and then offers an ethical review of the (...)
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  • Social Justice and Individual Ethics.Philippe van Parijs - 1995 - Ratio Juris 8 (1):40-63.
    If one is committed to a “Rawlsian” conception of justice, is one not also necessarily committed to a “Christian” personal ethics? MOE explicitly, if one believes that social justice requires the maximinning of material conditions, should one not use one's time and resources as well as one can in order to assist the poorest? The paper offers a very partial answer to these questions by arguing for the following two claims: (1) Contrary to what is implied by some egalitarian critics (...)
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  • A New Framework for Understanding Inequalities Between Expatriates and Host Country Nationals.Victor Oltra, Jaime Bonache & Chris Brewster - 2013 - Journal of Business Ethics 115 (2):291-310.
    An interdisciplinary theoretical framework is proposed for analysing justice in global working conditions. In addition to gender and race as popular criteria to identify disadvantaged groups in organizations, in multinational corporations (MNCs) local employees (i.e. host country nationals (HCNs) working in foreign subsidiaries) deserve special attention. Their working conditions are often substantially worse than those of expatriates (i.e. parent country nationals temporarily assigned to a foreign subsidiary). Although a number of reasons have been put forward to justify such inequalities—usually with (...)
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