The starting point of this article is that employees’ chances of securing reasonable expectations of privacy at work must be better protected. A dependency asymmetry between employer and job-applicant implies that prospective employees are in a disadvantaged position vis à vis the employer regarding the chances of defending their reasonable interests. Since an increased usage of work related surveillance will, to a larger extent, require of job-applicants that they negotiate their privacy interests in employment contracting, it is important to consider (...) means of strengthening employees’ negotiating power. This article emphasizes the importance of contextualizing consent for contractual agreements to be ethically acceptable. (shrink)

Procedural justice, or the ability of people affected by decisions to participate in making them, is widely recognized as an important aspect of environmental justice. Procedural justice, moreover, requires that affected people have a substantial understanding of the hazards that a particular decision would impose. While EJ scholars and activists point out a number of obstacles to ensuring substantial understanding—including industry’s nondisclosure of relevant information and technocratic problem framings—this article shows how key insights from Science and Technology Studies about the (...) nature of knowledge pose even more fundamental challenges for procedural justice. In particular, the knowledge necessary to inform participation in decision making is likely not to exist at the time of decision making, undermining the potential for people to give their informed consent to being exposed to an environmental hazard. In addition, much of the local knowledge important to understanding the consequences of hazards will develop only after decisions have been made, and technoscientific knowledge of environmental effects will inevitably change over the period during which people will be affected by a hazard. The changing landscape of knowledge calls into question the idea that consent or participation during one decision-making process can by itself constitute procedural justice. An STS-informed understanding of the nature of knowledge, this article argues, implies that procedural justice should include proactive knowledge production to fill in knowledge gaps, and ongoing opportunities for communities to consent to the presence of hazards as local knowledge emerges and scientific knowledge changes. (shrink)

In this article, I argue that it makes a moral difference whether an individual is worse off than she could have been. Here, I part company with consequentialists such as Parfit and side with contractualists such as Scanlon. But, unlike some contractualists, I reject the view that all that matters is whether a principle can be justified to each particular individual, where such a justification is attentive to her interests, complaints and other claims. The anonymous goodness of a distribution also (...) matters. My attempt to reconcile contractualist and consequentialist approaches proceeds via a serious of reflections on cases. (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 financial crash of 2008 following the selling of fictitious derivatives was a crisis of both rationality and values whose aftermath has thrown the legitimation of deregulated markets, and governments, into question. This paper critiques the Becker metaphor of human capital and submits that human value is central to and the fulcrum of both economic and social values. It illustrates that Hume and Adam Smith directly countered the Hobbesian hypothesis that human nature is based only on self-interest, distinguishes market values (...) from social values, explicit from implicit values and parallels Sen in adopting an ordinal ranking of what people value rather than a search for cardinality. It draws on cognitive psychology, neural research, revealed preference theory and a principle of implicit verification. It also outlines implications for what Adam Smith centrally valued as concern for the welfare of the whole of society. (shrink)

A two-wave panel study with data collected before and after the 2010 Deepwater Horizon oil spill was used to assess whether the accident changed views toward nuclear energy, a non–fossil fuel energy alternative. While the spill appears to have had little impact on mean attitudes toward nuclear energy, an interaction between environmental worldview and attention to oil spill news suggests the importance of exploring conditional relationships. Specifically, modeling suggests that only those without relatively pro-environmental worldviews became more positive about nuclear (...) energy and nuclear decision makers when they paid more attention to oil spill news. (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)

What, if anything, is wrong with high executive compensation? Is the common “lay reaction” of indignation and moral outrage justified? In this paper, my main goal is to articulate in a more systematic and philosophical manner the egalitarian responses to these questions. In order to do so, I suggest that we take some insights from recent debates on two versions of egalitarianism: a distributive one, according to which no one should be worse off than others because of unfair distributions of (...) goods and resources, especially ones based on matters of luck or arbitrary factors, and a relational one, which maintains that egalitarian justice requires members of a society to relate to one another as equals. Drawing on recent attempts to highlight the tricky nature of managerial authority, I argue that high inequalities in pay are not simply a distributional matter but should also be analyzed through a relational lens. I also attempt to show that relational egalitarians are well-equipped to question the now dominant “incentives” view of CEO compensation. (shrink)

The aim of this paper is to provide some insights for a normative theory of corporate political activities. Such a theory aims to provide theoretical tools to investigate the legitimacy of corporate political involvement and allows us to determine which political activities and relations with government regulators are appropriate or inappropriate, permissible or impermissible, obligatory or forbidden for corporations. After having explored what I call the “normative presumption of legitimacy” of CPAs, this paper identifies three different plausible strategies to criticize (...) and object to corporate political involvement: the “egalitarian” strategy, the “corporate citizenship” strategy, and the “market failures” strategy. It constitutes an attempt to develop the market failures approach to reflect on CPAs. My main claim is that within such an account, the idea that corporations have a license to operate considerably limits their right to engage in political activities. (shrink)

The local food movement is, increasingly, becoming a part of the modern American landscape. However, while it appears that the local food movement is gaining momentum, one could question whether or not this trend is, in fact, politically and socially sustainable. Is local food just another trend that will fade away or is it here to stay? One way to begin addressing this question is to ascertain whether or not it is compatible with liberalism, a set of influential political theories (...) that have shaped and continue to shape our political system. In this paper, I argue that the local food movement is partially compatible with forms of liberalism that accept the limited application of the principle of neutrality, as there are two directions or trends within local food: (1) The systems based direction and (2) the individual focused direction. The systems based direction is not compatible while the individual focused movement is largely compatible with liberalism. I go on to argue that the two directions form a dialectic that increases the political and social sustainability of the movement as a whole. Conceiving of the individual focused and the systems focused directions as in opposition to one another is, itself, a mistake. (shrink)

Large-scale land acquisitions (LaSLA), otherwise ‘land grabbing’ in Sub-Saharan Africa (SSA), raise difficult normative questions the current literature does not sufficiently explore. LaSLA is associated with development opportunities; however, it also threatens the well-being of local people because of displacement and dispossession. To investigate the processes and outcomes for LaSLA to be considered as ‘just and fair,’ we evaluate the impacts of a LaSLA project on local livelihoods in Tanzania. Specifically, we apply John Rawls’ Theory of Justice to the project (...) and compare the results with empirical insights gained from our fieldwork. We find that LaSLA has the potential to improve the living standards of local people, we cannot consider LaSLA as just and fair because it contradicts Rawls’s principles of justice and deteriorates the livelihoods of local people. Our findings suggest that it is critical to scrutinize LaSLA investments, involve local people in decision-making, and build the capacity of host governments to negotiate better LaSLA deals. (shrink)

This essay defends a strong right against displacement as part of a basic individual right to secure access to one’s home. The analysis is purposefully situated within the difficult context of climate change adaptation policies. Under increasing environmental pressures, especially regarding water security, there are weighty reasons motivating the forced displacement of persons—to safeguard water resources or prevent water-related disasters. Even in these pressing circumstances, I argue, individuals have weighty rights to secure access to their homes. I explain how the (...) home provides a functional context for conditions of autonomous agency. Being coerced from the home disrupts and subverts the conditions necessary for autonomous processes. I conclude by suggesting that the right to the home could be a foundational element of territorial rights. (shrink)

Wary of quick statist dismissal of their proposals, cosmopolitans have been careful not to associate themselves with a world state. I argue that this caution is mistaken: cosmopolitans should see the vision of a world state as strategically valuable in exposing weaknesses in statist accounts, particularly of the Rawlsian variety. This strategic value follows if the only cogent arguments against a world state belong to non-ideal theory which assumes non-compliance, rather than to ideal theory with its core assumption of full (...) compliance. If our only convincing reasons to reject a world state are non-ideal, then any liberal theory revolving around separate states must itself be considered a non-ideal theory. As a non-ideal theory, a statist law of peoples cannot be presented as an end-state, but is rather a transitional stage. Yet once seen as a transitional theory, the statist “realistic utopia” can no longer dodge the cosmopolitan charge that it is neither sufficiently realistic nor sufficiently utopian. (shrink)

This paper advances a new criterion of a vulnerable population in research. According to this criterion, there are consent-based and fairness-based reasons for calling a group vulnerable. The criterion is then applied to the case of people with serious illnesses. It is argued that people with serious illnesses meet this criterion for reasons related to consent. Seriously ill people have a susceptibility to “enticing offers” that hold out the prospect of removing or alleviating illness, and this susceptibility reduces their ability (...) to safeguard their own interests. This explains the inclusion of people with serious illnesses in the Belmont Report’s list of populations needing special protections, and supports the claim that vulnerability is the rule, rather than the exception, in biomedical research. (shrink)

This article explores objections made against ideal theorizing in political philosophy by two prominent contemporary critical theorists: Axel Honneth and Charles Mills. In Freedom’s Right, Honneth...

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)

Interest in the nature and importance of ‘childhood goods’ recently has emerged within philosophy. Childhood goods, roughly, are things that are good for persons qua children independent of any contribution to the good of persons qua adults. According to Colin Macleod, John Rawls’s political conception of justice as fairness rests upon an adult-centered ‘agency assumption’ and thus is incapable of incorporating childhood goods into its content. Macleod concludes that because of this, justice as fairness cannot be regarded as a complete (...) conception of distributive justice. In this paper I provide a political liberal response to Macleod’s argument by advancing three claims. First, I propose that political liberalism should treat leisure time as a distinct ‘primary good.’ Second, I suggest that leisure time should be distributed via the ‘basic needs principle’ and the ‘difference principle’ for all citizens over the course of their complete lives, including their childhoods. Third, the provision of leisure time in this way supports the realization of childhood goods for citizens. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

The idea of global justice faces a serious challenge. We live in one global society and many regional and local societies at the same time. The existing plurality of institutional as well as cultural levels of social connection leads to this general question: what is the right site for addressing different questions of justice? Some philosophers argue that the paramount place for thinking about justice is the global level, but other philosophers claim that questions of justice presuppose a certain institutional (...) structure. It is therefore only at the local level, preferentially in the form of sovereign states, where questions of justice arise. I want to argue that it is possible to understand some issues of justice as global in an irreducible way, while other issues are best addressed on a local level not only for pragmatic reasons, but also for reasons that have to do with the normative significance of local institutions, cultural connections and social identities. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

John Rawls claims that the kind of citizenship education required by political liberalism demands ‘far less’ than that required by comprehensive liberalism. Many educational and political theorists who have explored the implications of political liberalism for education policy have disputed Rawls's claim. Writing from a comprehensive liberal perspective, Amy Gutmann contends that the justificatory differences between political and comprehensive liberalism generally have no practical significance for citizenship education. Political liberals such as Stephen Macedo and Victoria Costa maintain that political liberalism (...) requires a form of citizenship education that is far more demanding than that suggested by Rawls. Gordon Davis and Blain Neufeld, in contrast, defend Rawls's position. These different views have implications for the content of mandatory citizenship education, understanding of the ‘common school ideal,’ and the scope for educational choice within the framework of political liberalism. However, the differences between Gutmann, Macedo, and Costa, on the one hand, and Davis and Neufeld, on the other, might be attributable, at least in part, to their different foci. Gutmann, Macedo, and Costa focus on non-ideal theory, specifically the contemporary American context, whereas Davis and Neufeld begin, as does Rawls, within ideal theory, and consider non-ideal circumstances from that perspective. (shrink)

Journal of Social Philosophy, EarlyView.

In The Law of Peoples Rawls claims that liberal well-ordered societies (LWOSs) should regard certain non-liberal societies, decent hierarchical societies (DHSs), as equal members of a just international order, a ‘Society of Peoples.’ Rawls maintains, however, that while the ‘basic structures’ (the main political and economic institutions) of LWOSs are fair systems of social cooperation, the basic structures of DHSs are only ‘decent’ systems of social cooperation. I explain why the basic structures of DHSs cannot be fair systems of social (...) cooperation. In doing so, I refute a recent defense of DHSs advanced by Samuel Freeman. I then argue that because the basic structures of DHSs cannot be fair systems of social cooperation, Rawls is not justified in holding that LWOSs should refrain always from offering economic incentives to DHSs in order to encourage them to liberalize their political institutions. The ultimate aim of the foreign policies of LWOSs should be a world in which liberal democratic rights are respected by all societies. (shrink)

The first principle of Rawls’s conception of justice secures a set of ‘basic liberties’ equally for all citizens within the constitutional structure of society. The ‘worth’ of citizens’ liberties, however, may vary depending upon their wealth. Against Rawls, Cohen contends that an absence of money often can directly constrain citizens’ freedom and not simply its worth. This is because money often can remove legally enforced constraints on what citizens can do. Cohen’s argument – if modified to apply to citizens’ ‘moral (...) powers’ rather than ‘negative liberty’ – threatens a core feature of Rawls’s conception of justice, as it is unclear why the parties within the ‘original position’ would endorse the lexical priority of the first principle over the ‘difference principle’ if both principles similarly shape citizens’ freedom. I concede Cohen’s point regarding the relation between freedom and money but argue that it is not fatal to Rawls’s conception of justice if the ‘basic needs principle’ is understood to enjoy lexical priority over the first principle and is modified to include a right to adequate discretionary time. Nonetheless, Cohen’s argument helpfully highlights the infelicitous nature of Rawls’s terminology with respect to liberty: the basic needs principle, the first principle and the difference principle all should be understood as shaping citizens’ freedom to exercise their moral powers. (shrink)

We formulate a distinctly 'political liberal' conception of mutual respect, which we call 'civic respect', appropriate for governing the public political relations of citizens in pluralist democratic societies. A political liberal account of education should aim at ensuring that students, as future citizens, learn to interact with other citizens on the basis of civic respect. While children should be required to attend educational institutions that will inculcate in them the skills and concepts necessary for them to be free and equal (...) citizens, parents should be granted as much freedom as is compatible with the requirements of civic respect to raise their children in accordance with their respective 'comprehensive doctrines' (systems of beliefs and values, including religious doctrines). We consider an objection to our position drawn from the account of upbringing recently advanced by Matthew Clayton, namely, that the conception of civic respect that we advance rests on an implausible view about the limited scope of the requirements of political justice. We develop an account of the 'basic structure of society' as the appropriate subject of political justice that can overcome this objection. (shrink)

Kok-Chor Tan has recently defended a novel theory of egalitarian distributive justice, institutional luck egalitarianism (ILE). On this theory, it is unjust for institutions to favor some individuals over others based on matters of luck. Tan takes his theory to preserve the intuitive appeal of luck egalitarianism while avoiding what he regards as absurd implications that face other versions of luck egalitarianism. Despite the centrality of the concept of institutional influence to his theory, Tan never spells out precisely what it (...) means for an inequality to be produced by an institution. In this paper, I consider different conceptions of institutional influence that ILE might employ. It appears that however this concept is construed, ILE has serious problems. On some conceptions, the luck egalitarian character of the theory is undermined. On others, the theory gives rise to precisely the sorts of absurd implications facing other versions of luck egalitarianism that Tan takes his theory to avoid. (shrink)

In As Free and as Just as Possible: The Theory of Marxian Liberalism, Jeffrey Reiman proposes to develop a theory of “Marxian Liberalism.” ‘Liberalism’ here is defined by the principle that “sane adult human beings should be free in the sense of free from coercion that would block their ability to act on the choices they make.” While the idea of coercion could use some glossing, it is not obvious that poverty, unemployment, racism, and sexism are as such coercive. In (...) this book, it is, very broadly, economic inequality that is the focus, and the argument is that a previously insufficiently appreciated idea that is broadly Marxian shows us that we need a Rawlsian Difference Principle to counteract inherent coercion in the system of free enterprise capitalism. I argue that the book wrongly places the component of labor in the system of economic exchange. We do not as such exchange labor: we exchange services; and because of this there is no normative pull toward his thesis that there is something fundamentally wrong—some people are being unjustly exploited—when several hours of one person’s labor are required to purchase the output of just one of another person’s. Liberalism, I argue, rejects Marxism. (shrink)

Rawls famously argued against meritocratic conceptions of distributive justice on the grounds that the accumulation of merit is an unavoidably lucky process, both because of differences in early environment, and innate talents. Thomas Mulligan (2018a) has recently provided a novel defense of meritocracy against the “luck objection”, arguing that both sources of luck would be mostly eliminated in a meritocracy. While a system of fair equality of opportunity ensures that differences in social class or early environment do not lead to (...) differences in the accumulation of merit, Kripke’s essentiality of origin thesis means that our genetic endowments, and thus our innate talents, could not have been any other way. But if we could not fail to have our innate talents, Mulligan argues, then it is not a matter of luck that we have them, and so the merits we accumulate on their basis are not so luck-dependent. This paper argues that Mulligan’s appeal to the essentiality of origin thesis fails to rescue meritocratic conceptions of distributive justice from the luck objection for two reasons. First, even granting essentiality of origin and fair equality of opportunity, the contingencies of the market and the social environment mean that having some innate talents is far luckier than having others. And second, the appeal to essentiality of origin misses the underlying motivation for the luck objection, and ignores the intimate connection between desert and responsibility. (shrink)

Institutionalized practices of collective justification are central for theorizing international fairness. Institutions matter because they play a significant part in the construal of fairness claims through the provision of internal standards for moral assessment. Conceptions of international fairness must spell out how collective justification works by addressing the jurisprudential and institutional issues at stake in the specification of the moral grounds for compliance with international institutions on the one hand and international civil disobedience on the other. Theoretical models of institutions (...) that do not pay attention to collective justification are inadequate on fairness grounds. More specifically, mainstream neoliberal institutionalist accounts of international regimes are deeply problematic when used in the normative evaluation of international institutions, as they offer the wrong benchmark for moral assessment, given their roots in a brand of exchange theory that is blind to the distribution of burdens and benefits from cooperation. (shrink)

ABSTRACTConfucianism tends to play only a marginal role in current theorizing about justice, which is a global pursuit dominated by Western theory and its strong tendency to assume that justice refers to some substantive conception of distributive, socioeconomic justice. This article examines and compares reconstructions of Confucian justice by Joseph Chan, May Sim, and Fan Ruiping. Each reconstruction makes reference to both classical and modern Western justice theory and thus each involves a comparative approach; indeed, each reconstruction seeks ultimately, in (...) its own distinctive fashion, to present a version of Confucian justice that is comparable with modern Western justice theory. In this article we assess, critically and comparatively, the tertium comparationis and the arguments in each reconstruction. While our analysis does not wholly endorse any of the reconstructions, it shows that there is a richness and vitality to Confucian justice theory that merits proper consideration in justice theory co... (shrink)

We offer a theory regarding the symbolism of the human body in legal discourse. The theory blends legal theory, the neuroscience of empathy, and biosemiotics, a branch of semiotics that combines semiotics with theoretical biology. Our theory posits that this symbolism of the body is not solely a metaphor or semiotic sign of how law is cognitively structured in the mind. We propose that it also signifies neurobiological mechanisms of social emotion in the brain that are involved in the social (...) and moral decision-making and behavior that law generally seeks to govern. Specifically, we hypothesize that the symbol of a collective human body in the language of law signifies neural mechanisms of pain empathy which generate a virtual, neurally simulated, emotional sense of sharing the feelings or pain of others and of thereby being one-in-body with or virtually equal to them. We speculate that this may be the neural basis of what is signified in legal and political theory as the “body politic” or “sense of equality,” because neuroscience and psychiatry further suggest that such pain empathy may provide the natural, emotional motivation to think and act in a rights-based manner. We conclude that misunderstanding of these neural mechanisms of pain empathy and related misinterpretation of this corporeal symbolism for the same may have long resulted in legal discourse that misinterprets the function of “pain” in the law and misinterprets the associated positive law, specifically the law regarding individual, equality-based rights and criminal justice, in particular, punishment theory. (shrink)

Although Ontario's first experiment with faith-based arbitration ended in 2006 with the Liberal government's amendment of the 1991 Arbitration Act to disallow faith-based arbitration, the debate about whether such tribunals should be permitted in a multicultural democracy is still open given that actors in a number of jurisdictions persist with campaigns to have faith-based arbitration recognized as legitimate. Are faith-based arbitration tribunals permissible in a multicultural democracy? Does faith-based arbitration put the rights of women and children at risk? More generally, (...) are the requirements of democratic stability and legitimacy compatible with this sort of legal pluralism in family and civil law? The author assesses faith-based arbitration from the perspective of deliberative democracy and argues that, if certain institutional reforms and safeguards are adopted, faith-based arbitration may serve to improve deliberative reciprocity across group boundaries, rather than harm stability and integration in a multicultural democracy as critics suggest. (shrink)

1. In this article, I will use a case study to explore the broader question of how to assess socioeconomic development from a normative perspective, especially in relation to indigenous peoples.1 T...

In this paper, I offer a solution to the Capacity/Equality Puzzle. The puzzle holds that an account of the franchise may adequately capture at most two of the following: (1) a political equality-based account of the franchise, (2) a capacity-based account of disenfranchising children, and (3) universal adult enfranchisement. To resolve the puzzle, I provide a complex liberal egalitarian justification of a moral requirement to disenfranchise children. I show that disenfranchising children is permitted by both the proper political liberal and (...) the proper political egalitarian understandings of the relationship between cognitive capacity and the franchise. Further, I argue, disenfranchising children is required by a minimalistic, procedural principle of collective competence in political decision-making. At the same time, I show that political equality requires the enfranchisement of all adults, regardless of cognitive capacities, and that the collective competence principle does not ground adult disenfranchisement. This justifies the progressive legal trend that holds the capacity-based disenfranchisement of adults to be incompatible with liberal democratic principles. (shrink)

This paper examines different mechanisms for adjudicating disagreement about distributive justice. It begins with a case where individuals have deeply conflicting convictions about distributive justice and must make a social choice regarding the distribution of goods. Four mechanisms of social choice are considered: social contract formation, Borda count vote, simple plurality vote, and minimax bargaining. I develop an agent-based model which examines which mechanisms lead to the greatest degree of satisfying justice-based preferences over the course iterated social choices. Agents are (...) ascribed two kinds of motivations: they wish to realize justice and to receive a greater package of goods. Each agent seeks to realize her ideal distribution, and the failure to do so leaves agents “disappointed,” resulting in their trading off the pursuit of gains in justice in favor of gains in self-interest. Mechanisms are assessed using the metric of how many agents remain interested in justice over the course of iterated adjudication. The mechanisms are also examined under some non-ideal conditions, such as the presence of power asymmetries or strategic behavior. Several significant results are addressed: social contract formation and simple plurality voting are robust under the conditions considered, bargaining is a highly ineffective means of adjudicating distributive disagreement, and lastly allowing for concessions in justice for gains in self-interest proves to be a crucial mechanism for ensuring the stability of resolutions. (shrink)

Equality is the central value for egalitarians. It is the value that distinguishes egalitarianism from other political theories. However, if equality is the central value for egalitarians, then why it is of value should be an obvious starting point for any discussion of egalitarianism. This article seeks to clarify the ways in which equality has been valued in philosophical discussion. I discuss the standard ways of valuing equality and argue that an understanding of equality as valuable because it is part (...) of other values offers an important new insight into how we value equality especially in relation to the traditional understanding of equality as either intrinsically or instrumentally valuable. (shrink)

Since materially opulent lifestyles are a significant cause of environmental degradation, environmentalists often call for us to live more simply. This call is typically focused on consumption. But our environmental footprint is a function of our paid work as well as our purchases. Consequently, environmentalists should also urge us to work less. Defending this claim is the project of this paper. Reducing our economic productivity, I argue, can often be expected to make both the world and our characters better. And, (...) contrary to what some have suggested, working less than is normal needn’t involve unfairly free-riding on the productive efforts of others. (shrink)

One major objection to social rights is a failure of determining which precise social and economic claims should be granted rights status. The social rights debate has grappled with this ‘indeterminacy problem’ for quite some time, and a number of proposals have emerged aimed at fixing the content of these rights. In what follows I examine three distinct approaches to fleshing out the idea of a minimum threshold: social rights as the fulfilment of basic needs, social rights as the securing (...) of a minimally decent life and social rights as a requirement of citizenship. Each of these proposals progressively expands on what the minimum threshold of social rights requires and, conversely, what obligations they generate on part of the state. I will show that none of these approaches is entirely satisfactory and suggest that the social rights debate look elsewhere to determine its content. (shrink)

In early writings, stakeholder theorists supported giving all stakeholders formal, binding control over the corporation, in particular, over its board of directors. In recent writings, however, they claim that stakeholder theory does not require changing the current structure of corporate governance and further claim to be “agnostic” about the value of doing so. This article’s purpose is to highlight this shift and to argue that it is a mistake. It argues that, for instrumental reasons, stakeholder theorists should support giving all (...) stakeholders control over the corporation, in the form of control over its board. That is, stakeholder theorists should support stakeholder democracy over the status quo. A larger goal of this article is to steer the conversation about stakeholder theory toward questions of governance and control. Stakeholder theorists tend to sidestep these questions, but it is vital that they be addressed. (shrink)

The view of business ethics that Christopher McMahon calls the “implicit morality of the market” and Joseph Heath calls the “market failures approach” has received a significant amount of recent attention. The idea of this view is that we can derive an ethics for market participants by thinking about the “point” of market activity, and asking what the world would have to be like for this point to be realized. While this view has been much-discussed, it is still not well-understood. (...) This paper seeks to remedy this problem. I begin by showing, against some recent commentators, that McMahon’s view and Heath’s view are fundamentally the same. Second, I clarify the sense of “efficiency” at work in the market failures approach. Finally, I argue that, in its current form, this view has little relevance to the real world of business. I conclude by sketching two ways of modifying it to fit our world. (shrink)

This conceptual paper revisits the concept of equality as a base of distributive justice and contends that it is underspecified, both theoretically and in terms of its ethical and pragmatic application to human resource management (HRM) within organizations. Prior organizational literature focuses primarily upon distributive equality of remunerative outcomes within small groups and implicitly employs an equity-based conception of inputs to define equality. In contrast, through exposition of the philosophical roots of equality principles, we reconceptualize inputs as de facto equal (...) and consider the systemic application of distributive equality in the form of status leveling practices. Ethical ramifications of distributive equality so viewed are explored. We conclude by arguing that, to implicitly insert a stronger ethics focus into the study and practice of HRM, perhaps there should be "equality theory" competing with equity theory for recognition in managerial and scholarly discourse. (shrink)

This essay provides an overview of business ethics. I describe important issues, identify some of the normative considerations animating them, and offer a roadmap of references for those wishing to learn more. I focus on issues in normative business ethics, but discuss briefly the growing body of work in descriptive business ethics. I conclude with a comment on the changing nature of the field.

The idea of moral progress is a necessary presupposition of action for beings like us. We must believe that moral progress is possible and that it might have been realized in human experience, if we are to be confident that continued human action can have any morally constructive point. I discuss the implications of this truth for moral psychology. I also show that once we understand the complex nature and the complicated social sources of moral progress, we will appreciate why (...) we cannot construct a plausible comprehensive action-guiding theory of moral progress. Yet while the nature and sources of moral progress consistently thwart many theoretical hopes, the idea of moral progress is a plausible, critically important and morally constructive principle of historical interpretation. (shrink)

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)