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 (...) morality of aggressive tax avoidance. Aggressive tax avoidance is then addressed in relationship a corporate entity’s tone at the top. The conclusion is drawn that use of the letter of the law to avoid payment of taxes sorely needed by governments for the good faith provision of public goods and services is ethically unacceptable. Several suggestions for change are provided, including a new financial statement disclosure and the possibility of a published corporate ethics report. (shrink)

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 (...) of Rawls, the idea of a well‐ordered society does not require maximin‐guided choices at the individual level, and hence leaves room for legitimate incentive payments.(2) Despite Rawls's own neglect of this fact, a limited form of patriotism does constitute an individual “natural duty” following from a commitment to maximin social justice. (shrink)

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 (...) efficiency goals in mind—recent studies have used equity theory to question the extent to which they are perceived as fair by HCNs. However, since perceptual equity theory has limitations, this study develops an alternative and non-perceptual framework for analysing such inequalities. Employment discrimination theory and elements of Rawls’s ‘Theory of Justice’ are the theoretical pillars of this framework. This article discusses the advantages of this approach for MNCs and identifies some expatriation practices that are fair according to our non-perceptual justice standards, whilst also reasonably (if not highly) efficient. (shrink)

The lack of economic sustainability of most healthcare systems and a higher demand for quality and safety has contributed to the development of regulation as a decisive factor for modernisation, innovation and competitiveness in the health sector. The aim of this paper is to determine the importance of the principle of public accountability in healthcare regulation, stressing the fact that sunshine regulation—as a direct and transparent control over health activities—is vital for an effective regulatory activity, for an appropriate supervision of (...) the different agents, to avoid quality shading problems and for healthy competition in this sector. Methodologically, the authors depart from Kieran Walshe’s regulatory theory that foresees healthcare regulation as an instrument of performance improvement and they articulate this theory with the different regulatory strategies. The authors conclude that sunshine regulation takes on a special relevance as, by promoting publicity of the performance indicators, it contributes directly and indirectly to an overall improvement of the healthcare services, namely in countries were citizens are more critical with regard to the overall performance of the system. Indeed, sunshine regulation contributes to the achievement of high levels of transparency, which are fundamental to overcoming some of the market failures that are inevitable in the transformation of a vertical and integrated public system into a decentralised network where entrepreneurialism appears to be the predominant culture. (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)

The work of prominent analytical Marxist G. A. Cohen provides a vision of socialism which has distributive justice and community at its core. While Cohen's view of distributive justice has been hugely influential, much less has been said about community. This article argues that community plays three distinct roles in Cohen's socialism. One is as an independent value, the second is as a necessary adjacent counterpart to justice, which serves both to restrict and facilitate distributive equality, and the third is (...) as a critique of the liberal contractualist view of humanity. We argue that each of these are distinct and valuable elements in Cohen's thought, each of which must be recognized to understand the range and implications of Cohen's socialism. (shrink)

In a larger context of an egalitarian project which aims to reformulate capitalism a job guarantee program in the form of a State as an Employer of Last Resort is considered superior to Unconditional Basic Income by many, namely Alan Thomas. This article claims that most of the arguments used to assert the superiority of SELR fail their objective, for the following reasons: first, SELR falls short in its reformulation of capitalism because neither SELR nor UBI alone can euthanize the (...) rentier class. Second, most accounts are based on a flawed assumption that UBI leads to rampage inflation. Third, if macroeconomic considerations are not enough to justify implementing SELR over UBI, then insisting on the superiority of SELR can only stem from two types of moral reasons: on one hand from a perfectionist view of empowering the worst-off through labor and on the other from demands and obligations of reciprocity. We argue that these two moral-based reasons fall short of providing a justification for the superiority of SELR over UBI. We conclude our paper defending the possibility of conciliating the two policies. (shrink)

The paper highlights the need to discuss the norm of reciprocity in the context of basic income experiments. Considering how the norm of reciprocity is an important objection to basic income, both at a normative level, but also in empirical discussions, a case is made for considering it in basic income experiments. The paper proposes several hypotheses on basic income and reciprocity and concludes with two distinct points: the first is focused on what in fact experiments could be telling us (...) about behaviours that seem relevant to reciprocity, and how this could enhance our understanding of both basic income and the norm of reciprocity. The second point is a reflection on how our theoretical debate is shaped on ideal settings, whereas experiments take place in real-world conditions, hence non-ideal ones. This reflection might contribute to the need to reframe our theoretical account of the norm of reciprocity. (shrink)

The paper highlights the need to discuss the norm of reciprocity in the context of basic income experiments. Considering how the norm of reciprocity is an important objection to basic income, both at a normative level, but also in empirical discussions, a case is made for considering it in basic income experiments. The paper proposes several hypotheses on basic income and reciprocity and concludes with two distinct points: the first is focused on what in fact experiments could be telling us (...) about behaviours that seem relevant to reciprocity, and how this could enhance our understanding of both basic income and the norm of reciprocity. The second point is a reflection on how our theoretical debate is shaped on ideal settings, whereas experiments take place in real-world conditions, hence non-ideal ones. This reflection might contribute to the need to reframe our theoretical account of the norm of reciprocity. (shrink)

John Stuart Mill had strong sympathies with a liberal form of market socialism based on worker-owned and worker-managed firms. He thought that only very few government interventions were needed to trigger a peaceful and spontaneous transition to such an economic system. This article recapitulates his thesis and argument by focusing on his major workPrinciples of Political Economy, which is rather neglected by philosophers, especially in the German-speaking world. I will argue that Mill was too optimistic in his hope for a (...) spontaneous transition without government intervention. Since it is possible to reconstruct how Mill thought this transition would proceed, it is also possible to identify at what point the transition did not advance in the way envisioned by him, but was blocked by antagonistic forces. I will argue that this insight is not only of historical value, but still poses a serious problem for John Rawls’s theory of justice. Rawls follows Mill closely in his discussion of the proper economic system and he faces the same problem of transition. (shrink)

In this paper I explore the concept of tolerance and suggest a description of that concept that could be accepted regardless of the political theory one supports. Since a neutral perception of the limits of tolerance is impossible, this paper offers a guideline for a substantive-liberal or a perfectionist-liberal approach to it. The limits of tolerance are described through the principles of reciprocity and proportionality. The former explains why intolerance should not be tolerated whereas the latter prescribes how and to (...) what extent it should be tolerated. The cumulative effect of these principles is that apart from extremely rare occasions intolerance should not be tolerated at any time. (shrink)

After briefly vindicating casuistries which successively apply a number of different moral principles, I describe some of the principles of justice liable to figure in such casuistries, assess the relative popularity of these principles and show that some of the most popular cannot be consistently applied in all circumstances.

The term “ectogenesis” has been around for about a century now, and it is generally understood as the development of embryos and fetuses outside a uterus. In this sense, all in vitro fertilization is ectogenesis, but in vitro development can only proceed to a certain point, at which time human embryos are then either implanted in the attempt to achieve a pregnancy, frozen for that use in the future, used in research, or discarded.

Journal of Social Philosophy, EarlyView.

So-called activation policies aiming at bringing jobless people into work have been a central component of welfare reforms across OECD countries during the last decades. Such policies combine restrictive and enabling programs, but their characteristic feature is that enabling programs are also mandatory, and non-compliers are sanctioned. There are four main arguments that can be used to defend mandatory activation of benefit recipients. We label them efficiency, sustainability, paternalism, and justice. Each argument is analysed in turn. First we clarify which (...) standards it invokes, thereafter we evaluate each argument according to its own standards and introduce competing normative concerns that have to be taken into account. (shrink)

In this paper I argue that respect for human dignity establishes a justificatory presumption in favor of egalitarian rules, which presumption is applicable to the global economic association. This is the basis for condemning several feature of current global inequality as unjust.

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)

This article presents results from a qualitative empirical investigation of how Danish oncology physicians and Danish molecular biologists experience the principle of respect for autonomy in their daily work.

BackgroundThis study presents an empirical investigation of the ethical reasoning and ethical issues at stake in the daily work of physicians and molecular biologists in Denmark. The aim of this study was to test empirically whether there is a difference in ethical considerations and principles between Danish physicians and Danish molecular biologists, and whether the bioethical principles of the American bioethicists Tom L. Beauchamp and James F. Childress are applicable to these groups.MethodThis study is based on 12 semi-structured interviews with (...) three groups of respondents: a group of oncology physicians working in a clinic at a public hospital and two groups of molecular biologists conducting basic research, one group employed at a public university and the other in a private biopharmaceutical company.ResultsIn this sample, the authors found that oncology physicians and molecular biologists employed in a private biopharmaceutical company have the specific principle of beneficence in mind in their daily work. Both groups are motivated to help sick patients. According to the study, molecular biologists explicitly consider nonmaleficence in relation to the environment, the researchers' own health, and animal models; and only implicitly in relation to patients or human subjects. In contrast, considerations of nonmaleficence by oncology physicians relate to patients or human subjects. Physicians and molecular biologists both consider the principle of respect for autonomy as a negative obligation in the sense that informed consent of patients should be respected. However, in contrast to molecular biologists, physicians experience the principle of respect for autonomy as a positive obligation as the physician, in dialogue with the patient, offers a medical prognosis based upon the patients wishes and ideas, mutual understanding, and respect. Finally, this study discloses utilitarian characteristics in the overall conception of justice as conceived by oncology physicians and molecular biologists from the private biopharmaceutical company. Molecular biologists employed at a public university are, in this study, concerned with allocation, however, they do not propose a specific theory of justice.ConclusionThis study demonstrates that each of the four bioethical principles of the American bioethicists Tom L. Beauchamp & James F. Childress – respect for autonomy, beneficence, nonmaleficence and justice – are reflected in the daily work of physicians and molecular biologists in Denmark. Consequently, these principles are applicable in the Danish biomedical setting. (shrink)

Most criticism and exposition of John Rawls’s political theory has focused on his account of distributive justice rather than on his support for liberalism. Because of this, much of his argument for protecting the basic liberties remains under explained. Specifically, Rawls claims that representative citizens would agree to guarantee those social conditions necessary for the exercise and development of the two moral powers, but he does not adequately explain why protecting the basic liberties would guarantee these social conditions. This gap (...) in his argument leads to two problems. First, the Rawlsian argument for the priority of liberty would fail if the gap could not be filled. His argument would still support the protection of individual freedoms, but these freedoms would be treated like other primary goods and regulated by the difference principle. Second, without a full argument, there is not sufficient reason to favor Rawls’s left-liberal conception of the basic liberties over a more right-leaning conception that would prioritize the protection of free-market rights. To address these two problems, this paper fills in the gap in order to better explain Rawls’s full argument for egalitarian liberalism. (shrink)

L’analyse de la notion de procéduralisme montre qu’elle est utilisée dans la littérature en deux sens très différents. Nous mettons en évidence une condition suffisante à la mise en cohérence de ces deux idées, basée sur une compréhension pragmatique de la notion d’acceptabilité. Nous montrons alors que l’adoption de cette condition suffisante implique que tout dépassement procéduraliste du welfarisme passe par un travail de formation des préférences.

Data platforms represent a new paradigm for carrying out health research. In the platform model, datasets are pooled for remote access and analysis, so novel insights for developing better stratified and/or personalised medicine approaches can be derived from their integration. If the integration of diverse datasets enables development of more accurate risk indicators, prognostic factors, or better treatments and interventions, this obviates the need for the sharing and reuse of data; and a platform-based approach is an appropriate model for facilitating (...) this. Platform-based approaches thus require new thinking about consent. Here we defend an approach to meeting this challenge within the data platform model, grounded in: the notion of ‘reasonable expectations’ for the reuse of data; Waldron’s account of ‘integrity’ as a heuristic for managing disagreement about the ethical permissibility of the approach; and the element of the social contract that emphasises the importance of public engagement in embedding new norms of research consistent with changing technological realities. While a social contract approach may sound appealing, however, it is incoherent in the context at hand. We defend a way forward guided by that part of the social contract which requires public approval for the proposal and argue that we have moral reasons to endorse a wider presumption of data reuse. However, we show that the relationship in question is not recognisably contractual and that the social contract approach is therefore misleading in this context. We conclude stating four requirements on which the legitimacy of our proposal rests. (shrink)

The Nash-Harsanyi theory of bargaining is usually taken as the correct theory of rational bargaining, and, as such, as the correct theory for the basic political contract for a society. It grafts a theory of cooperation to a base that essentially articulates the perspective of non-cooperative interaction. The resultant theory is supposed make clear how rational bargaining can fully realize the mutual gains that cooperation can make possible. However, its underlying commitment to the concepts of non-cooperative interaction renders this doubtful. (...) I argue for an alternative theory—the theory of Full Cooperation—that avoids this difficulty. As applied to bargaining over the basic political contract, it calls for the selection of the most egalitarian of the Strictly Pareto-Optimal outcomes. This is essentially a version of Rawls’ principle of Justice as Fairness, but it is derived, unlike Rawls’ theory, without appeal to a problematic theory of individual decision-making behind the veil of ignorance. It also provides an alternative basis for what Hart calls the Principle of Mutual Restrictions, and what Rawls’ calls the Duty of Fair Play. (shrink)

Contemporary discussions of the positive relation between rational choice and moral theory are a special case of a much older tradition that seeks to show that mutual agreement upon certain moral rules works to the mutual advantage, or in the interests, of those who so agree. I make a few remarks about the history of discussions of the connection between morality and self-interest, after which I argue that the modern theory of rational choice can be naturally understood as a continuation (...) of this older tradition. I then go on to argue for a controversial three-fold thesis: (1) that grounding a theory of morality in terms of rational self-interest is the only epistemologically respectable way to proceed with the justification of moral principles; (2) that despite this, most of the contemporary explorations of rational choice foundations for moral principles do not work—that the models of rational choice to which they appeal yield less than the substantial results that they are intended to yield; but (3) that if one rethinks just what it means to be rational, one can find in fact a promising way to connect the two—specifically through the development of a theory of genuinely cooperative activity. (shrink)

This article considers and ultimately rejects three prominent liberal egalitarian strategies for safeguarding the occupational freedom of the economically talented. First, Dworkinian concerns regarding the envy of the talented for the less talented are shown to be insufficient to rule out occupationally coercive taxation. Second, Rawlsian arguments about the priority of basic liberties in general and freedom of occupation in particular are shown to be unsuccessful, primarily because Rawls lacks the theoretical resources to protect freedom of occupation as a basic (...) liberty. Finally, concerns about the practical difficulty and moral undesirability of gathering the information necessary to implement occupationally coercive taxation are shown to be insufficient to rule out such taxation. The aim of the article is not to lead liberal egalitarians to reject freedom of occupation. Rather, the aim is to highlight the difficulties in protecting freedom of occupation and to motivate work on alternative liberal egalitarian strategies for safeguarding this important economic liberty. At the end of the article, a hypothesis is put forward for why occupationally coercive taxation should be rejected that appeals to the prohibition on using people as means. (shrink)

This paper is concerned with how we ought to think about legitimate expectations in the non-ideal, ‘real’ world. In one (dominant) strand of contemporary theories of justice, justice requires not that each gets what she deserves, but that each gets that to which she is entitled in accordance with what Rawls calls ‘the public rules that specify the scheme of cooperation’. However, that is true only if those public rules are part of a fully just scheme and it is plausibly (...) the case that no such scheme obtains in the real world. Given that, and given the centrality of legitimate expectations to theories of justice, it is vital to think about the status of such expectations in non-ideal circumstances. Having explained the sense in which legitimate expectations have come to play a role often previously associated with desert, a brief argument in favour of an ‘expectations’ view of punishment is considered to show that the system to public rules that generates expectations must itself be (in some sense) just. This argument is illustrated by appeal to just punishment and the relevance of thinking about punishment and not merely distributive justice is defended. In the absence of justice, one possibility would be simply to declare that there are no legitimate expectations and so theories of justice provide no guidance as to who should get what in non-ideal conditions. However, this would be to render such theories more-or-less useless in practice. Through discussion of a series of vignettes, the paper offers an account of how we might think about the demands such expectations place on the systems that give rise to them even in cases where the system is unjust. (shrink)

This paper addresses the question of what value pluralism tells us about the pursuit of moral coherence as a method of moral reasoning. I focus on the status of the norm of ‘systematicity,’ or the demand that our principles be as few and as simple as possible. I argue that, given certain descriptive facts about the pluralistic ways we value, epistemic ways of supporting a systematicity norm do not succeed. Because it is sometimes suggested that coherence functions in moral reasoning (...) as it does in scientific reasoning, my argument considers analogies and disanalogies between moral reasoning and scientific reasoning. (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)

La pregunta acerca de por qué las personas deben obedecer el derecho introduce uno de los temas más complejos y discutidos de la filosofía política y jurídica contemporáneas. Entre las diversas respuestas ofrecidas en la literatura científica, Rawls formuló la teoría del deber natural de apoyar y promover las instituciones justas. El objetivo de este trabajo es ofrecer un análisis crítico de esta propuesta y mostrar cómo se podrían superar algunas de sus debilidades mediante un enfoque que enfatice la importancia (...) de preservar un esquema social beneficioso que ofrezca un marco de posibilidades para el desarrollo moral de las personas. (shrink)

ABSTRACTLeo Strauss argues that the “theologico-political” problem arose from the competing claims of rationalist philosophy and theology. Although he urges others to take sides in this debate, most theorists see it as insoluble, since it is rooted in competing traditions and different, non-demonstrable, epistemic principles. Strauss, however, argues that there is a common ground capable of sustaining a contest between the two: their appeal to the pre-philosophic understanding of justice as moral virtue. The contest between the Bible and Socratic-Platonic philosophy (...) centers on which of the two better understands what justice is, what completes it, and in what respect it is good. Strauss enables us to see why Plato’s Socratic dialogues became indispensable models for classical and medieval philosophers who sought to meet the challenge of theology on the vital common ground of philosophy and theology. (shrink)

Justice entitles everyone in the world, including future generations, to an equitable share of the benefits of the world's natural resources. I argue that even though both Rawls and his libertarian critics seem hostile to it, this resource equity principle, suitably clarified, is a major part of an adequate strict compliance theory of global justice whether or not we take a libertarian or a Rawlsian approach. I offer a defence of the resource equity principle from both points of view.

Contract-based approaches have been a focus of attention in business ethics. As one of the grand traditions in political philosophy, contractarianism is founded on the notion that we will never resolve deep moral disagreement. Classical philosophers like Hobbes and Locke, or recent ones like Rawls and Gaus, seek to solve ethical conflicts on the level of social rules and procedures. Recent authors in business ethics have sought to utilize contract-based approaches for their field and to apply it to concrete business (...) dilemmas. However, the application of contractarianism to management contexts can cause difficulties. Our article discusses this conceptual problem of contractarian business ethics and presents the idea of order ethics as an alternative. Order ethics, as we argue, can make a difference by conceptually bridging the gap between contractarianism and business ethics. (shrink)

Given current studies in moral psychology and following recent cases of wrong behaviour occurred in elite sporting events ? e.g. the racist chants scandals in the English Premier League or the events following Mourinho's poke in the eye scandal ? I shall analyse the extent to which supporters' brain make-up is determining them to behave in an ?unfair way?. Yet this paper is not just a work on descriptive ethics, but a normative ethics work. Therefore, once I have developed the (...) ?psycho-biological account of sports supporters?, I shall explore whether or not a more virtuous account of sports supporting can be drawn. In order to fulfil this normative task I shall appeal to the concept of ?fair play?. The common view of fair play defines it as ?the act of abiding by the rules?. However, my account of fair play is more complex and it is based on the moral principle of respecting others. This is the reason why fair play is not just something related to athletes but to supporters as well. To conclude, I shall sketch the boundaries of fair-play-based supporting behaviour in order to propose some policies or strategies that can help us to promote a ?healthy? and virtuous behaviour among fans. (shrink)

UEFA’s Financial Fair Play (FFP) 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 economic assessments concerning potential outcomes of FFP and argue that the policy should go beyond the mere pragmatic goal of promoting financial sustainability and truly aim for creating a level playing field, otherwise it should not be labeled ‘fair play’. (shrink)

Two college-age samples, one from the United States and one from Spain, were studied with mixed methods, phenomenological and traditional experimental - regarding the alleged foundational topic of `unfairness'. Participants gave their instantiations of `It's not fair!', which were deconstructed and qualitatively analyzed to find and compare the essential types of unfairness. Using traditional experimental methods, unfairness vignettes were rated by severity and quantitatively analyzed, to see whether the two cultural groups make similar or different distinctions among the concepts of (...) `unfairness', `injustice' and `misfortune'. From qualitative analyses, the fairness principles of `equity' and `equality' appeared in both groups, but `honor and dignity' violations were much more frequent in the Spanish group, as different fairness principles interacted in complex ways. From the quantitative analyses, `unfairness' was the broadest of the three concepts, extending beyond `injustice' and both cultural groups viewed `misfortunes' as `unfairnesses'. Implications for a commonsense morality across cultures are discussed. (shrink)

Political participation lies at the heart of normative democratic theory. To foster participatory interactions between citizens, some advocates and designers are resorting to gamification as the use of psycho-motivational involvement strategies from games in non-game contexts. The hope is that through gamification mechanisms, citizens will be drawn more easily towards participation platforms, apps, and digital services, as well as remain there longer, thereby effectively enhancing participation numbers and time. In this article, I will explore the potential problems of these involvement (...) strategies, namely the worry that they may be able to undermine citizen’s individual and political autonomy by manipulating them into participating. Depending on the severity of the psycho-motivational effect as well as the covertness of the mechanism, gamification may constitute inadmissible forms of paternalism. (shrink)

The paper discusses criticisms against pharmacological cognitive enhancement from a liberal perspective. The criticisms point to the consequences of cognitive enhancement in third parties and in the agents, as well as in independent values. According to the article, these criticisms are not convincing. On the contrary, it argues that under certain assumptions there are good reasons in favor of free access to cognitive enhancement.

Part one of this paper considers the question of property rights in general and asks how such rights can be justified, contrasting Consequentialist with other approaches and concludes that it is impossible to avoid a broadly Consequentialist approach. Part two considers the question of intellectual property (IP) and asks how property rights justifications apply to it. The basic economics if IP is indispensable in this discussion. Finally, part three, considers IP in the light of modern technological developments. I conclude that (...) the real dangers lie more in the specific ways government and special interests respond to this technology than from the nature of IP rights themselves. (shrink)

Part one of this paper considers the question of property rights in general and asks how such rights can be justified, contrasting Consequentialist with other approaches and concludes that it is impossible to avoid a broadly Consequentialist approach. Part two considers the question of intellectual property (IP) and asks how property rights justifications apply to it. The basic economics if IP is indispensable in this discussion. Finally, part three, considers IP in the light of modern technological developments. I conclude that (...) the real dangers lie more in the specific ways government and special interests respond to this technology than from the nature of IP rights themselves. (shrink)

Within moral and political philosophy and the social sciences, recent conceptual developments in the concept of recognition cannot be dissociated from an opposition to those theories inspired by what is commonly called rational action theory or the economic model of action. The paradigm of recognition represents the heart of those theories that are both alternative and complementary to the theory of individual action. Nonetheless, this conceptual development calls out for an alliance between political philosophy and the social sciences. We argue (...) that the paradigm of recognition can only be developed to its full potential if it is interpreted in the wake of what Marcel Mauss and the Revue du MAUSS, has called the paradigm of the gift. The gift only takes on its full sense when understood as a means, performer, and symbol of public and/or private recognition. (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)

In this paper we apply the method of Generational Accounting to analyse whether today’s government policy burdens future generations with a heavier load than current generations. We analyse pay-as-you-go pension systems and their reforms in Norway; Poland and Germany. Our results show that; through these reforms; pension systems in all three countries became more intergenerationally balanced as the implicit debt to be paid by future generations was reduced. However; the burden is shared differently: in Norway current pensioners have to contribute (...) to enhancing the financial sustainability of the pension system while Poland and Germany seem to protect current pensioners at the expense of younger generations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:New Rhetoric's Empire:Pragmatism, Dogmatism, and SophismRomain LauferPragmatism vs. RationalismThere are at least two reasons to devote some attention to sophism when dealing with the relationship between philosophy and rhetoric in the context of Franco-American intellectual exchanges. The first reason is that it lies at the very origin of classical philosophy which could be described as resulting directly from the way in which Plato and Aristotle succeeded in separating the (...) realm of rhetoric from the realm of philosophy. The second reason arises out of the way in which Durkheim, the founder of French academic sociology, thought it necessary to establish a clear distinction between sociology and pragmatism. This was done in a course given at the Sorbonne during the academic year 1913–14. The course could be considered a direct answer to the lectures on pragmatism given by William James at the Lowell Institute in Boston in 1906–7 (Durkheim 1955).From the very beginning of his talk, Durkheim expresses an extremely ambivalent point of view. On the one hand, pragmatism, better than any other doctrine, allows one to feel the necessity of reforming or renovating the type of "traditional rationalism" that dominated the French intellectual atmosphere of the time. On the other hand, it represents a real threat for this same rationalist tradition. Is it not a declaration of war that pragmatism launches on rationalism when William James writes that "against [End Page 326] rationalism as a pretension and a method pragmatism is fully armed and militant" (1975, 32)? In the face of this attack Durkheim declares that what is at stake are the very foundations of French culture: "Our whole French culture is essentially based on rationalism. Here the eighteenth century lives on. Thus, a radical negation of rationalism would constitute a danger: it would imply a complete disruption of our national culture. The whole French spirit would have to be transformed if the form of irrationalism that pragmatism represents were to be admitted" (1955, 28). Durkheim adds that this threat is not limited to the French tradition: "Not only our culture but the whole of the philosophical tradition has been, since the very beginnings of philosophical speculation—apart from a single exception that will be dealt with later—of a rationalist tendency. Therefore it is toward the disruption of all this tradition that one would have to proceed if pragmatism were valid" (1955, 28).Durkheim insists that what pragmatism tends to destroy is the "cult of truth," the fact that there are judgments that are necessary, which he will allude to throughout his analysis as corresponding to a dogmatic conception of truth that is repeatedly criticized by William James. James writes in his lectures on pragmatism that "rationalism is comfortable only in the presence of abstractions[;]... objective truth must be something non-utilitarian, haughty, refined, remote, august, exalted. It must be the absolute correspondence of our thoughts with an equally absolute reality.... Down with psychology, up with logic, in all this question!" (1975, 38).This allows Durkheim to declare that by stating that the human mind is free in front of the truth, pragmatism approaches the single exception he mentioned, namely, sophism, which in a similar manner negated truth. This connection is not arbitrary: it is avowed by the pragmatists themselves (1955, 28–29). Thus F. C. S. Schiller proclaims himself a "Protagorean" and recalls the axiom that "man is the measure of all things."Thus the debate between rationalism and pragmatism—between, according to Durkheim, a French philosophical tradition characterized by its link with a Cartesian dogmatic form of rationalism and an American philosophy characterized by its link with pragmatism—can be seen as the continuation of the debate between Plato and Aristotle, on the one hand, and the Sophists, on the other, at the origin of Western philosophy. Moreover, Durkheim tells us that the resurgence of the debate between pragmatism and philosophy corresponds to a historical transformation that affects the whole Western world. Pragmatism is becoming the only and dominant philosophy of the time. The central trait of this intellectual orientation is its [End Page 327] focus on action, a focus it shares with sociology itself: both are "daughters of... (shrink)

Insurance is pervasive in many social settings. As a cooperative device based on risk pooling, it serves to attenuate the adverse consequences of various risks by offering policyholders coverage against the losses implied by adverse events in exchange for the payment of premiums. In the insurance industry, the concept of actuarial fairness serves to establish what could be adequate, fair premiums. Accordingly, premiums paid by policyholders should match as closely as possible their risk exposure. Such premiums are the product of (...) the probabilities of losses and the expected losses. This article presents a discussion of the fairness of actuarial fairness through three steps: defining the concept based on its formulation within the insurance industry; determining in which sense it may be about fairness; and raising some objections to the actual fairness of actuarial fairness. The necessity of a normative evaluation of actuarial fairness is justified by the influence of the concept on the current reforms of public insurance systems and the fact that it highlights the question of the repartition of the gains and burdens of social cooperation. (shrink)