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Justice as Fairness: A Restatement

Mind 112 (447):563-566 (2003)

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  1. Species Membership and the Veil of Ignorance: What Principles of Justice would the Representatives of all Animals Choose?Hallie Liberto - 2017 - Utilitas 29 (3):299-320.
    Mark Rowlands gives a compelling argument that, if John Rawls's contractarianism is consistently applied, and Rawls's premises fully explained, then we have powerful reasons to believe that representatives behind the Veil of Ignorance should be blind to species membership in the same way that they are blind to economic status and natural talent.1I argue that even if we suppose this to be correct, these agents would not choose the two principles of justice, but instead ones that more closely resemble utilitarian (...)
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  • Creativity or Coercion: Alternative Perspectives on Rights to Intellectual Property.Peter Lewin - 2007 - Journal of Business Ethics 71 (4):441-455.
    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 (...)
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  • Creativity or Coercion: Alternative Perspectives on Rights to Intellectual Property.Peter Lewin - 2007 - Journal of Business Ethics 71 (4):441-455.
    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 (...)
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  • Human rights, self-determination, and external legitimacy.Alex Levitov - 2015 - Politics, Philosophy and Economics 14 (3):291-315.
    It is commonly supposed that at least some states possess a moral right against external intervention in their domestic affairs and all human rights violations give members of the international community reasons to undertake preventive or remedial action against offending states. No state, however, currently protects or could reasonably be expected to protect its subjects’ human rights to a perfect degree. In view of this reality, many have found it difficult to explain how any existing or readily foreseeable state could (...)
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  • Contra politanism.Jacob T. Levy - 2017 - European Journal of Political Theory 19 (2):162-183.
    This article diagnoses and critiques pervasive forms of teleological thought about basic structures of political organization in modern and contemporary political thought: arguments that the sovere...
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  • The "imaginary world" of nationalistic ethics: Feasibility constraints on Nordic deportation corridors targeting unaccompanied Afghan minors.Martin Lemberg-Pedersen - 2018 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:47-68.
    This article examines Swedish, Danish and Norwegian governments’ participation in the European Return Platform for Unaccompanied Minors project and its failed attempts to deport unaccompanied minors to Afghanistan. It argues that ERPUM is an interesting and urgent case of a “deportation corridor”, and suggests that this framework can benefit from analysis through normative and applied ethics and in particular discussions of feasibility constraints. It therefore identifies and critically assesses two nationalistic arguments for deportation common in Nordic politics, based on appeals (...)
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  • Public Health Ethics Theory: Review and Path to Convergence.Lisa M. Lee - 2012 - Journal of Law, Medicine and Ethics 40 (1):85-98.
    For over 100 years, the field of contemporary public health has existed to improve the health of communities and populations. As public health practitioners conduct their work – be it focused on preventing transmission of infectious diseases, or prevention of injury, or prevention of and cures for chronic conditions – ethical dimensions arise. Borrowing heavily from the ethical tools developed for research ethics and bioethics, the nascent field of public health ethics soon began to feel the limits of the clinical (...)
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  • Public Health Ethics Theory: Review and Path to Convergence.Lisa M. Lee - 2012 - Journal of Law, Medicine and Ethics 40 (1):85-98.
    Public health ethics is a nascent field, emerging over the past decade as an applied field merging concepts of clinical and research ethics. Because the “patient” in public health is the population rather than the individual, existing principles might be weighted differently, or there might be different ethical principles to consider. This paper reviewed the evolution of public health ethics, the use of bioethics as its model, and the proposed frameworks for public health ethics through 2010. Review of 13 major (...)
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  • False Universals and the Science of Religion: Max Müller and the Episteme of Cosmopolitan Imperialism.Ralph Leck - 2019 - The European Legacy 25 (4):455-468.
    Volume 25, Issue 4, June 2020, Page 455-468.
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  • A Rawlsian Version of the Opportunity Maintenance Thesis.Andrea Lavazza - 2016 - American Journal of Bioethics 16 (6):50-52.
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  • Pension and Intergenerational Balance - A case study of Norway, Poland and Germany using Generational Accounting.Natalie Laub & Christian Hagist - 2017 - Intergenerational Justice Review 11 (2).
    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 (...)
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  • Artificial Intelligence as a Socratic Assistant for Moral Enhancement.Francisco Lara & Jan Deckers - 2019 - Neuroethics 13 (3):275-287.
    The moral enhancement of human beings is a constant theme in the history of humanity. Today, faced with the threats of a new, globalised world, concern over this matter is more pressing. For this reason, the use of biotechnology to make human beings more moral has been considered. However, this approach is dangerous and very controversial. The purpose of this article is to argue that the use of another new technology, AI, would be preferable to achieve this goal. Whilst several (...)
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  • Reconciliation Arguments in John Rawls’s Political Philosophy.Margaret Meek Lange - 2014 - Critical Horizons 15 (3):306-324.
    Recently debates about the worth of “ideal theory” have directed attention to the functions that an account of a perfectly just society can serve. One function is that of “reconciliation”: learning that a seemingly undesirable feature of the social world would exist even in the perfectly just society can show us the value that it has in the present as well. John Rawls has emphasized reconciliation as among the roles of political philosophy. For instance, Rawls claims that his theory of (...)
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  • No Longer Home Alone? Home Care and the Canada Health Act.Monique Lanoix - 2017 - Health Care Analysis 25 (2):168-189.
    In this paper, I argue that addressing the medical needs of older persons warrants expanding the array of insured services as described by the Canada Health Act to include home care. The growing importance of chronic care supports my call for federally regulated home care services as the nature of disease management has changed significantly in the last decades. In addition, if the values of equity, fairness and solidarity, which are the keystone values of the CHA, are to be upheld (...)
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  • Intra-Family Inequality and Justice.Xavier Landes & Morten Ebbe Juul Nielsen - 2012 - Dialogue 51 (3):437-466.
    In “The Pecking Order,” Dalton Conley argues that inequalities between siblings are larger than inequalities at the level of the overall society. Our article discusses the normative implications for institutions of this observation. We show that the question of state intervention for curbing intra-family inequality reveals an internal tension within liberalism between autonomy and toleration, which bears on the forms that the intervention of institutions may take. Despite the pros and cons of both commitments, autonomy-based liberalism appears more compatible with (...)
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  • From Normal Species Functioning to Capabilities, Is It Enough?Monique Lanoix - 2013 - American Journal of Bioethics 13 (8):20-21.
    Nancy Jecker (2013) makes a compelling argument for using a capabilities approach to resolve the issue of the fair allocation of health care resources across various age groups. This question has b...
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  • Deep Disagreement, Respect, and the Role of Women: Some Room for Development.Stephen E. Lammers - 2005 - American Journal of Bioethics 5 (6):63-64.
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  • Uncertainty behind the Veil of Ignorance.A. Faik Kurtulmus - 2012 - Utilitas 24 (1):41-62.
    This article argues that the decision problem in the original position should be characterized as a decision problem under uncertainty even when it is assumed that the denizens of the original position know that they have an equal chance of ending up in any given individual’s place. It supports this claim by arguing that (a) the continuity axiom of decision theory does not hold between all of the outcomes the denizens of the original position face and that (b) neither us (...)
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  • Justice in the Distribution of Knowledge.Faik Kurtulmus & Gürol Irzik - 2017 - Episteme 14 (2):129-146.
    In this article we develop an account of justice in the distribution of knowledge. We first argue that knowledge is a fundamental interest that grounds claims of justice due to its role in individuals’ deliberations about the common good, their personal good and the pursuit thereof. Second, we identify the epistemic basic structure of a society, namely, the institutions that determine individuals’ opportunities for acquiring knowledge and discuss what justice requires of them. Our main contention is that a systematic lack (...)
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  • Happiness and Law.Thomas Gutmann Kurt Bayertz - 2012 - Ratio Juris 25 (2):236-246.
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  • The market, competition, and structural exploitation.Hannes Kuch - 2020 - Constellations 27 (1):95-110.
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  • Completing Rawls's arguments for equal political liberty and its fair value: the argument from self-respect.Meena Krishnamurthy - 2013 - Canadian Journal of Philosophy 43 (2):179-205.
    Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core civil (...)
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  • A Good Friend Will Help You Move a Body: Friendship and the Problem of Moral Disagreement.Daniel Koltonski - 2016 - Philosophical Review 125 (4):473-507.
    On the shared-­ends account of close friendship, proper care for a friend as an agent requires seeing yourself as having important reasons to accommodate and promote the friend’s valuable ends for her own sake. However, that friends share ends doesn't inoculate them against disagreements about how to pursue those ends. This paper defends the claim that, in certain circumstances of reasonable disagreement, proper care for a friend as a practical and moral agent sometimes requires allowing her judgment to decide what (...)
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  • The externalist challenge to conceptual engineering.Steffen Koch - 2021 - Synthese 198 (1):327–348.
    Unlike conceptual analysis, conceptual engineering does not aim to identify the content that our current concepts do have, but the content which these concepts should have. For this method to show the results that its practitioners typically aim for, being able to change meanings seems to be a crucial presupposition. However, certain branches of semantic externalism raise doubts about whether this presupposition can be met. To the extent that meanings are determined by external factors such as causal histories or microphysical (...)
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  • The Cardinal Role of Respect and Self-Respect for Rawls’s and Walzer’s Theories of Justice.Manuel Knoll - 2017 - In Elena Irrera & Giovanni Giorgini (eds.), The Roots of Respect: A Historic-Philosophical Itinerary. De Gruyter. pp. 207-224.
    The cardinal role that notions of respect and self-respect play in Rawls’s A Theory of Justice has already been abundantly examined in the literature. In contrast, it has hardly been noticed that these notions are also central to Michael Walzer’s Spheres of Justice. Respect and self-respect are not only central topics of his chapter “Recognition”, but constitute a central aim of a “complex egalitarian society” and of Walzer’s theory of justice. This paper substantiates this thesis and elucidates Walzer’s criticism of (...)
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  • Ethics, Markets, and the Legalization of Insider Trading.Bruce W. Klaw & Don Mayer - 2019 - Journal of Business Ethics 168 (1):55-70.
    In light of recent doctrinal changes, we examine the confused state of U.S. insider trading law, identifying gaps that permit certain market participants to trade on the basis of material nonpublic information, and contrast U.S. insider trading doctrine with the European approach. We then explore the ethical implications of the status quo in the U.S., explaining why the dominant legal justifications for prohibiting classical insider trading and misappropriation—the fiduciary duty and property rights theories—fail to account for the wrongfulness of insider (...)
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  • Centering Justice on Dependency and Recovering Freedom.Eva Feder Kittay - 2015 - Hypatia 30 (1):285-291.
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  • Workplace Civility: A Confucian Approach.Tae Wan Kim & Alan Strudler - 2012 - Business Ethics Quarterly 22 (3):557-577.
    ABSTRACT:We argue that Confucianism makes a fundamental contribution to understanding why civility is necessary for a morally decent workplace. We begin by reviewing some limits that traditional moral theories face in analyzing issues of civility. We then seek to establish a Confucian alternative. We develop the Confucian idea that even in business, humans may be sacred when they observe rituals culturally determined to express particular ceremonial significance. We conclude that managers and workers should understand that there is a broad range (...)
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  • Workplace Civility: A Confucian Approach.Tae Wan Kim & Alan Strudler - 2012 - Business Ethics Quarterly 22 (3):557-577.
    ABSTRACT:We argue that Confucianism makes a fundamental contribution to understanding why civility is necessary for a morally decent workplace. We begin by reviewing some limits that traditional moral theories face in analyzing issues of civility. We then seek to establish a Confucian alternative. We develop the Confucian idea that even in business, humans may be sacred when they observe rituals culturally determined to express particular ceremonial significance. We conclude that managers and workers should understand that there is a broad range (...)
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  • Can a value-neutral liberal state still be tolerant?Michael Kühler - 2021 - Critical Review of International Social and Political Philosophy 24 (1):25-44.
    Toleration is typically defined as follows: an agent (A), for some reason, objects to certain actions or practices of someone else (B), but has outweighing other reasons to accept these actions or practices nonetheless and, thus, refrains from interfering with or preventing B from acting accordingly, although A has the power to interfere. So understood, (mutual) toleration is taken to allow for peaceful coexistence and ideally even cooperation amongst people who disagree with each other on crucial questions on how to (...)
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  • Engaging the reluctant taxpayer.Michael Joel Kessler - 2017 - Critical Review of International Social and Political Philosophy:1-15.
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  • ‘Predistribution’, property-owning democracy and land value taxation.Gavin Kerr - 2016 - Politics, Philosophy and Economics 15 (1):67-91.
    The term ‘predistribution’ draws attention to the need for policies and institutions that are designed to improve the position of the least advantaged members of society by generating a fairer distribution of opportunities and benefits from the operation of the free market system, with less reliance on redistributive tax-and-transfer mechanisms. Although the idea of progressive predistribution has only recently begun to attract the attention of politicians and commentators in the mainstream media, there is an older and more philosophically grounded predistributive (...)
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  • Why Global Inequality Matters: Derivative Global Egalitarianism.Ayse Kaya & Andrej Keba - 2011 - Journal of International Political Theory 7 (2):140-164.
    This article integrates empirical and normative discussions about why global economic inequalities matter in critically examining an approach known as derivative global egalitarianism (DGE). DGE is a burgeoning perspective that opposes excessive global economic inequality not based on the intrinsic value of equality but inequality's negative repercussions on other values. The article aims to advance the research agenda by identifying and critically evaluating four primary varieties of DGE arguments from related but distinct literatures, which span a number of disciplines, including (...)
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  • A satisfactory minimum conception of justice: Reconsidering Rawls's maximin argument.Alexander Kaufman - 2013 - Economics and Philosophy 29 (3):349-369.
    John Rawls argues that it is possible to describe a suitably defined initial situation from which to form reliable judgements about justice. In this initial situation, rational persons are deprived of information that is . It is rational, Rawls argues, for persons choosing principles of justice from this standpoint to be guided by the maximin rule. Critics, however, argue that (i) the maximin rule is not the appropriate decision rule for Rawls's choice position; (ii) the maximin argument relies upon an (...)
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  • The Problem of the Kantian Line.Samuel Kahn - 2019 - International Philosophical Quarterly 59 (2):193-217.
    In this paper I discuss the problem of the Kantian line. The problem arises because the locus of value in Kantian ethics is rationality, which (counterintuitively) seems to entail that there are no duties to groups of beings like children. I argue that recent attempts to solve this problem by Wood and O’Neill overlook an important aspect of it before posing my own solution.
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  • Recover it From the Facts as We Know Them.Robert Jubb - 2016 - Journal of Moral Philosophy 13 (1):77-99.
    In Andrea Sangiovanni’s words, practice-dependent theorists hold that “[t]he content, scope, and justification of a conception of [a given value] depends on the structure and form of the practices that the conception is intended to govern”. They have tended to present this as methodologically innovative, but here I point to the similarities between the methodological commitments of contemporary practice-dependent theorists and others, particularly P. F. Strawson in his Freedom and Resentment and Bernard Williams in general. I suggest that by looking (...)
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  • Schauer on Coercion, Acceptance, and Schizophrenia.José Juan Moreso - 2016 - Ratio Juris 29 (2):215-222.
    This article provides a comment on The Force of Law, which is Schauer's new and illuminating contribution to the place of law in our societies and in our lives. It constitutes a strong defence of the importance of coercion in law. First, I consider cases where the law is not able to motivate human behaviour adequately, in order to show that legal coercion is not always justified. Second, I examine the Rawlsian distinction between the ideal and the nonideal theory and (...)
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  • Dignity, Esteem, and Social Contribution: A Recognition-Theoretical View.Timo Jütten - 2017 - Journal of Political Philosophy 25 (3):259-280.
    This paper develops a recognition-theoretical analysis of human dignity. I argue that a life with dignity requires social esteem (recognition for one’s contribution to socially shared goals) as well as respect (recognition of one’s equal status). I illustrate this through an empirically informed discussion of three aspects of the current social organization of labour which threaten human dignity: unemployment, precarity and low pay. I also argue that in class societies the assertion of dignity as a positional good can undermine its (...)
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  • Can a compromise be fair?Peter Jones & Ian O’Flynn - 2013 - Politics, Philosophy and Economics 12 (2):115-135.
    This article examines the relationship between compromise and fairness, and considers in particular why, if a fair outcome to a conflict is available, the conflict should still be subject to compromise. It sets out the defining features of compromise and explains how fair compromise differs from both principled and pragmatic compromise. The fairness relating to compromise can be of two types: procedural or end-state. It is the coherence of end-state fairness with compromise that proves the more puzzling case. We offer (...)
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  • The emergence of human prosociality: aligning with others through feelings, concerns, and norms.Keith Jensen, Amrisha Vaish & Marco F. H. Schmidt - 2014 - Frontiers in Psychology 5.
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  • Rousseau on needs, language and pity: The limits of 'public reason'.David James - 2011 - European Journal of Political Theory 10 (3):372-393.
    The idea of ‘public reason’ has recently been associated with Rousseau’s views on the formation of a general will. Advocates of this idea in the Kantian tradition tend to emphasize reflective acts of rational deliberation which, I suggest, are more suited to written than to spoken language. Rousseau’s accounts of the role of spoken language as a means of expressing human needs and the role of pity in the development of a moral form of reasoning, which allows one properly to (...)
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  • Contractualism's (not so) slippery slope.Aaron James - 2012 - Legal Theory 18 (3):263-292.
    Familiar questions about whether or how far to impose risks of harm for social benefit present a fundamental dilemma for contractualist moral theories. If contractualism allows objections by considering actual outcomes, it becomes difficult to justify the risks created by most public policy, leaving contractualism at odds with moral commonsense in much the way utilitarianism is. But if contractualism instead takes a fully form by considering only expected outcomes, it becomes unclear how it recommends something other than aggregative cost-benefit decision-making. (...)
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  • In Defense of Moderate Inclusivism: Revisiting Rawls and Habermas on Religion in the Public Sphere.Jonas Jakobsen & Kjersti Fjørtoft - 2018 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:143-157.
    The paper discusses Rawls’ and Habermas’ theories of deliberative democracy, focusing on the question of religious reasons in political discourse. Whereas Rawls as well as Habermas defend a fully inclusivist position on the use of religious reasons in the ‘background culture’ or ‘informal public sphere’, we defend a moderately inclusivist position. Moderate inclusivism welcomes religiously inspired contributions to public debate, but it also makes normative demands on public argumentation beyond the ‘public forum’ or ‘formal public sphere’. In particular, moderate inclusivism (...)
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  • Review of "Capital in the Twenty-First Century". [REVIEW]Chris Jackson - 2016 - Essays in Philosophy 17 (1):189-212.
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  • Pluralism, toleration, and ethical promiscuity.Philip J. Ivanhoe - 2009 - Journal of Religious Ethics 37 (2):311-329.
    This paper argues that from an ethical point of view tolerance, which is simply one of a number of possible responses to ethical pluralism, is not an acceptable ideal. It fails to acknowledge and appreciate the good in other forms of life and thereby does not adequately respect the people who live these lives. Toleration limits the range of goods we might appreciate in our own lives and in the lives of those we care most about, and it tends to (...)
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  • How do policymakers interpret and implement the principle of equivalence with regard to prison health? A qualitative study among key policymakers in England.Nasrul Ismail & Nick de Viggiani - 2018 - Journal of Medical Ethics 44 (11):746-750.
    BackgroundThe principle of equivalence in prison health has been established for nearly four decades. It seeks to ensure that prisoners have access to the same level of healthcare as members of society at large, which is entrenched within the international legal framework and England’s national health policies.AimsThis study examined how key policymakers interpret and implement the principle of equivalence in English prisons. It also identified opportunities and threats associated with the application of the principle.MethodsIn total, 30 policymakers took part in (...)
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  • Boundaryless Careers and Employability Obligations.Harry J. Van Buren Iii - 2003 - Business Ethics Quarterly 13 (2):131-149.
    Abstract:Boundaryless careers may be beneficial to people with rare and valuable skills, but might prove harmful to many others. The idea ofemployabilityas an ethical responsibility of employers to employees is introduced; it is argued that attention to employability in private practice and public policy partially resolves the ethical problems inherent to in boundaryless careers. Because employability programs are considered to be voluntary, some means of holding employers accountable for such responsibilities needs to be considered when discussing boundaryless careers. Implications for (...)
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  • Interventions and Persons.Samia A. Hurst - 2012 - American Journal of Bioethics 12 (1):10 - 11.
    The American Journal of Bioethics, Volume 12, Issue 1, Page 10-11, January 2012.
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  • The Responsibilities and Role of Business in Relation to Society: Back to Basics?Nien-hê Hsieh - 2017 - Business Ethics Quarterly 27 (2):293-314.
    ABSTRACT:In this address, I outline a “back to basics” approach to specifying the responsibilities and role of business in relation to society. Three “basics” comprise the approach. The first is arguing that basic principles of ordinary morality, such as a duty not to harm, provide an adequate basis for specifying the responsibilities of business managers. The second is framing the role of business in society by looking to the values realized by the basic building blocks of contemporary economic activity, i.e., (...)
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  • What Might it Mean for Political Theory to Be More ‘Realistic’?John Horton - 2017 - Philosophia 45 (2):487-501.
    This paper explores two different versions of ‘the realist turn’ in recent political theory. It begins by setting out two principal realist criticisms of liberal moralism: that it is both descriptively and normatively inadequate. It then pursues the second criticism by arguing that there are two fundamentally different responses among realists to the alleged normative inadequacy of ideal theory. First, prescriptive realists argue that the aim of realism is to make political theory more normatively adequate by making it more realistic. (...)
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