A generation ago, the field of business ethics largely abandoned analyzing the broader issue of social justice to focus upon more micro concerns. Donaldson applied the social contract tradition of Locke and Rawls to the ethics of management decision-making, and with Dunfee, has advanced this project ever since. Current events suggest that if the field is to remain relevant it needs to return to examining social and economic fairness, and Rawl's approach to social contracting suggests a way to start. First, (...) however, the field needs to discard the weaker and counterproductive aspects of its Lockean legacy: Locke's hostility to government activism and his indifference with regard to outcomes for the bulk of society. Donaldson's and Dunfee's social contracting approach is not suited to, nor was it designed to, analyze or resolve broad issues of social and economic justice. Their postulated network of communities upon which they rely is problematic in a number of ways, and while they take the legal and political status quo into account, their method does not deal with the historical reality that, as the economic and social environment changes, promoting greater justice requires new and sometimes coercive government interventions. Rawls's work, however, does acknowledge the historically demonstrable necessity of using the power of government to help to achieve desirable social outcomes. While he rejected Mill's methodology, Rawls was inspired by the earlier philosopher's concerns for social justice at a time of major economic change. The field would do well to follow the example of both men in this respect. (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)

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.

Intergenerational justice not only requires the adoption of best practices and policies; but also the prevention and repression of deleterious and morally blameworthy human behaviour which have severe impacts on the long-term health; safety and means of survival of groups of individuals. While many international crimes have indirect consequences on the well-being of present and future generations; it cannot be said that existing international criminal law is currently well-placed to directly and clearly protect intergenerational rights. As such; the development of (...) a new type of international crime; crimes against future generations; may be a promising avenue for implementing intergenerational justice. Such a crime would penalise acts or conduct that amount to serious violations of existing international law regarding economic; social and cultural rights or the environment. (shrink)

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)

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)

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)

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)

In A Theory of Justice John Rawls proposes that the two principles of justice should be realized through a four-stage sequence of institutional action that starts with a constitution agreed upon by delegates to a constitutional convention. A largely overlooked aspect of this proposal is that delegates are taken to hold conflicting opinions about justice. Their disagreement is one of the factors that determine their institutional choices. This paper employs Bernard Williams’s theory of the political value of liberty to explain (...) and vindicate the role assigned to disagreement at the constitutional convention. Constitutional norms ought to be sensitive to the fact that the functioning of a political order, even one suitably ordered by the most reasonable conception of justice, inevitably involves loss of a precious liberty; the factoring of disagreement into the constitutional convention can fruitfully be understood as a way of modelling this requirement. This exegetical exercise enriches our understanding of the point of constitutions. At the same time it suggests that Rawls may not be as guilty of the cardinal sin of moralism that Williams famously accused him of. (shrink)

The present paper focuses on the complex relation between ethics andpolitics in Plato’s Crito. While the issue is presented from a contemporaryperspective, the problems of civil disobedience and politicalobligation are the present study’s primarily concern. The issue of civildisobedience concerns moral reasons for breaking the law, whereasthe concept of political obligation refers to a moral duty to obey the law.When disagreeing with the view that Socrates in the dialogue arguesfor an unconditional obedience to the state, the article builds on theApology. (...) Subsequently, the similarities between the position of Socratesand that of H.D. Thoreau are investigated. Finally, the paper discussesthe concept of political obligation so as to show that the argumentin the Crito anticipates several modern theories. The modern controversiesthat this article covers are shown to play an important role in Plato’sdialogue, as they are the basis of Socrates’ political obligation. (shrink)

One unchanging feature of John Rawls’ thought is that we theorize about well-ordered societies. Yet, once we introduce justice pluralism—the fact that reasonable people disagree about the nature and requirements of justice, something Rawls eventually admits is inevitable in liberal societies—then a well-ordered society as Rawls defines it is impossible. This requires we develop new models of society to replace the well-ordered society in order to adequately address such disagreements. To do so, we ought to remain faithful to those reasons (...) Rawls has for introducing the idea of the well-ordered society in the first place. It is shown that two models that resemble closely Rawls’ model of the well-ordered society but are also capable of dealing with justice pluralism do not perform well when judged against such criteria. Yet a new model of the well-ordered society—one that looks radically different from what Rawls originally imagined—does succeed. (shrink)

There is at present a divide in the geographical literature between those interested in distributive justice as a social value and those who seek to implement distributive plans on the basis of efficiency of resource use. The former are 'social geographers' interested in equity as a social value, and the latter are 'practical' economic and locational geographers. This divide mirrors one existing elsewhere in social science between Rawlsian liberalism and utilitarian planners. Here we argue that equality and efficiency are related (...) values that cannot be separated easily in the analysis of practical problems. Data on the distribution of transplantable human organs are considered in a practical consideration of this approach. The case-study suggests that inequality of distribution appears to effect adversely the general organ supply. Stated positively, the data suggest that, to the extent that equality of service is an objective, that goal may positively impact on organ supply. More generally, the conclusion argues for a conjoining of theoretical and practical geographical approaches where a scarce resource must be allocated across a dispersed population. (shrink)

Die Idee der Toleranz führt in unserer liberalen Gesellschaft eine Art Doppelleben. Einerseits gibt es einen breiten öffentlichen Konsens darüber, dass Toleranz eine gute Sache ist. Andererseits haben die begrifflichen und normativen Paradoxien, die dem Toleranzkonzept offenbar inhärent sind, in der politischen Philosophie für Verwirrung gesorgt. In dieser Abhandlung verteidige und spezifiziere ich die Auffassung, dass Toleranz eine Kombination aus Ablehnung und Akzeptanz beinhaltet. Ich fokussiere mich vor allem auf die Akzeptanzkomponente, die bislang vernachlässigt worden ist. Diese Vernachlässigung erklärt einen (...) Großteil der Verwirrung, für die das Konzept der Toleranz gesorgt hat. Wenn wir einsehen, dass Akzeptanz den Verzicht auf besonders grausame oder gemeine Arten der Intervention meint, sollte klar sein, warum Toleranz moralisch geboten ist. Ich schließe mit einigen methodologischen Ausführungen dazu, wie die Toleranzproblematik angegangen werden sollte und wie nicht. (shrink)

This paper identifies strands of reasoning underlying several theories of democratic authority. It shows why each of them fails to adequately explain or justify it. Yet, it does not claim (per philosophical anarchism) that democratic authority cannot be justified. Furthermore, it sketches an argument for a perspective on the justification of democratic authority that would effectively respond to three problems not resolved by alternative theories—the problem of the expert, the problem of specificity, and the problem of deference. Successfully resolving these (...) problems is at least evidence for the viability of a justification of democratic authority. This perspective integrates procedural concerns with those about the quality of democratic outcomes. It shows that democratic authority, if there is such a thing, requires reliable democratic procedures as the only sort citizens could rationally accept. (shrink)

ABSTRACTThis paper is concerned with the reasons for the emergence and dominance of analytic philosophy in America. It closely examines the contents of, and changing editors at, The Philosophical Review, and provides a perspective on the contents of other leading philosophy journals. It suggests that analytic philosophy emerged prior to the 1950s in an environment characterized by a rich diversity of approaches to philosophy and that it came to dominate American philosophy at least in part due to its effective promotion (...) by The Philosophical Review’s editors. Our picture of mid-twentieth-century American philosophy is different from existing ones, including those according to which the prominence of analytic philosophy in America was basically a matter of the natural affinity between American philosophy and analytic philosophy and those according to which the political climate at the time was hostile towards non-analytic approaches. Furthermore, our reconstruction suggests a new perspective on the nature of 1950s analytic philosophy. (shrink)

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.

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

I argue that a commitment to liberal neutrality, and an opposition to coercion, means that we ought to support a redistributive state in which wealth, insofar as it is instrumental in allowing us to pursue our ends, is equalised. This is due to the fact that any conception of justice and desert works in favour of some, but against others, and that those who lose out by any particular conception are likely not to consent to it (meaning that its imposition (...) is coercive). As having some understanding of justice and desert is inescapable in a society, coercion is unavoidable. However, those who are harmed by the imposition of a certain conception of justice and desert deserve compensation for their foregone position in the alternate conceptions in which they would be better off. This compensation is owed by those who have benefitted from the existing conception of justice and desert. (shrink)

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

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

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

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

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

This paper offers an account of human dignity based on a discussion of Kant's moral and political philosophy and then shows its relevance for articulating and developing in a fresh way some normative dimensions of Marx’s critique of capitalism as involving exploitation, domination, and alienation, and the view of socialism as involving a combination of freedom and solidarity. What is advanced here is not Kant’s own conception of dignity, but an account that partly builds on that conception and partly criticizes (...) it. The same is the case with the account of socialism in relation to Marx’s work. As articulated, Kantian dignity and Marxian socialism turn out to be quite appealing and mutually supportive. (shrink)

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

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

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

My concern in this essay is a family of liberal theories that I shall call “public reason liberalism,” which arose out of the social contract theories of Hobbes, Locke and Rousseau. These social contract accounts stressed that the justification of the state depended on showing that everyone would, in some way, consent to it. However, by relying on consent, social contract theory seemed to suppose a voluntarist conception of political obligation and authority: I am only bound by political authority if (...) I choose to be bound.1 Only in Kant, I think, does it become clear that consent is not fundamental to a social contract view: Kant insists that we have a duty to agree to act according to the idea of the “original contract.”2 Rawls’s revival of the social contract tradition in A Theory of Justice also made no important appeal to consent, though the apparatus of an “original agreement” of sorts persisted. The aim of the original position, Rawls announced, is to settle “the question of justification…by working out a problem of deliberation.”3 As the question of public justification takes center stage (we might say as contractualist liberalism becomes justificatory liberalism), it becomes clear that posing the problem of justification in terms of a deliberative or a bargaining problem is simply a heuristic: the real issue is “the problem of justification”4 — what principles can be justified to all reasonable persons. (shrink)

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

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

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

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

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

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

This article draws on research undertaken by the authors as part of the Administrative Data Research Centre in England. Between 2014 and 2017, we conducted four case studies on government administrative data for education, transport, energy and health. The purpose of the research was to examine stakeholder perspectives about the sharing, linking and re-use of government administrative data. In relation to the role and nature of consent given by data subjects for re-use, our study revealed significant variations in data provider (...) and researcher attitudes. Although our study setting was England, we believe that the findings have wider resonance. Our analysis identified six factors which might account for the variations around consent: the specificities of the legislative framework governing the collection and processing of particular data; the type of data being collected and the relational context in which it is created; the broader information governance framework in which the data resides; the creating organization's approach to data release; the relative levels of risk aversity within the creating organization; and public perceptions and social attitudes. In conclusion, we consider whether consent is still the best mechanism available for data re-use, or whether a social contract model of data sharing should be developed. (shrink)

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

This paper examines and rejects two normative justifications for low-fee private schools, whose expansion throughout the Global South in recent years has been significant. The first justification – what I shall call the ideal thesis – contends that LFPS are the best mechanism to expand access to quality education, particularly at the primary level, and that the premise of their success is that they reject educational equality and state intervention in educational affairs, traditionally associated with public schools, embracing instead educational (...) adequacy and unregulated markets for education. Against this thesis, the paper argues that an ideal educational arrangement must not do away with educational equality and some degree of state interference. The other justification for LFPS – the secondbest thesis – contends that although LFPS do not represent the ideal state of affairs, they nonetheless bring us a step closer to the ideal of universal primary education; they are a ‘realistic’ approximation to that goal. Against the second-best thesis, the paper argues that this justification commits the approximation fallacy: by deviating from the ideal educational arrangement LFPS may obstruct rather than facilitate its achievement. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...) states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

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

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