This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...) framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

During the second half of the 20th century education has been recognized as a human right in several international conventions, and the UN also holds that “Education shall be free” and that “Elementary education shall be compulsory” (UN, 1948, Article 26). The education-as-a-human right-project could be viewed as a good intention of global inclusion in recognizing that all individuals have a right to education in virtue of being humans, and the idea of education as a human right thus has a (...) tremendous global significance. However, if we look at this more critically, the education-as-a-human right-project, may not only be grounded in altruistic good intensions for the disadvantaged. The term “elementary education”, or sometimes “primary education”, which is used in several human rights-documents seems to suggest that it is some sort of formalized education. It would be useful however to make a distinction between formal and informal education, as well as between teaching, learning, education and schooling, in the discussion of the right to education and specifically in the discussion concerning education as a “human right”. There is obviously a difference between the right to teach, the right to learn, the right to education and the right to schooling. And how are these rights related to compulsory schooling, compulsory education and the supposed duty to teach and duty to learn? A further concern is what makes this a human right rather than for example a juridical right as a citizen. By addressing these questions within a theoretical framework of social ontology and ameliorative conceptual analysis I believe that we can find new ways of dealing with fundamental problems within philosophy of education such as the nature, purpose and aims of education as well as the right to education. (shrink)

Purpose: The objective of this study is to determine the importance of supplementary medical ethics course for resident physicians. In this study, we assessed the current state of their knowledge of medical ethics and aimed to improve and deepen their understanding of clinical scenarios to increase their awareness of the link between the practice of medicine and ethical issues. Methods: The course was held for groups of 10-12 people for 3 days a week for a total of 6 hours. Tests (...) given prior to and following completion of the course were used to assess the effectiveness of a medical ethics training course in which 120 resident physicians completed. The evaluation was made on the basis of the same pre-and post-tests (14 scenarios) and direct observation of participants. Result and Discussion: The average age was 28.23 ± 4.08 and 25% were female and 75% were male. Of the participants, 68.3% were training to be internists, 24.2% were training to be surgeons, and 7.5% were training in laboratory medicine. There was a significant statistical difference between the mean total scores of both tests (p=0.00). After completing the course, residents took into account the medical ethical principles while discussing ethical decisions. Conclusion: After finishing the course, participants defended their responses in regard to issues of medical ethics more carefully and articulated their thoughts more clearly. Our experience demonstrated that the trainees benefited from a structured curriculum in medical ethics. We believe that the development and implementation of our course may serve as a case study for training resident physicians in medical ethics. (shrink)

Rorty has been criticized for his pragmatic rationality by different thinkers like Stout, Steven carter. Here in this article our main focus is Novoa's criticism of Rorty's solution to the challenges of evidentialism (Novoa in Rorty’s Demands on Religious Belief: Looking for a Pragmatic Rationality. Retrieved October 20, 2019, from Researchgate. https://www.researchgate.net/publication/321729830_rorty's_demands_on_religious_belief_looking_for_a _pragmatic_rationality, 2017). Novoa feels that religion needs not be conversation stopper as long as it does not compromise on capabilities (Novoa, 2017). This is what he calls pragmatic rationality. He (...) takes pragmatic rationality based on capabilities. So in this article we argue against Novoa saying that capabilities are not clearly defined and hence the criteria set forth by Novoa have to be revised. The criteria set forth by him are too general, for instance world relationships, etc. The reasons for revising the criteria are too general, no unanimity in what are capabilities and even the specified capabilities are not precise. (shrink)

In this article, we deal with the evaluation of the losses suffered by persons living in urban areas as a result of energy services. In the first part, we analyse how by adopting different informational foci we obtain contrasting interpersonal evaluations regarding the same loss. In the second part, we distinguish between a diachronic and a hypothetical/moralised threshold for harm in order to assess whether individuals are benefiting from or being harmed by a given energy service. Our argument is that (...) the most accurate evaluation of an individual damage caused by an energy service can be obtained by using capabilities as informational focus, instead of realised wellbeing or means to wellbeing, and by interpreting the loss in relation to a hypothetical/moralised threshold that corresponds to a list of central capabilities. In the last part, we address monetary and non-monetary compensations for a loss that is evaluated in terms of capabilities. Accordingly, we expound how compensation policies can either restore the capabilities lost due to energy services or monetarily compensate the individual for the fact that a given capability (or set of capabilities) has been irremediably lost. (shrink)

This chapter describes a philosophical approach to theorizing justice, mapping out some main strands of the tradition leading up to contemporary political philosophy. We first briefly discuss what distinguishes a philosophical approach to justice from other possible approaches to justice, by explaining the normative focus of philosophical theories of justice – that is, a focus on questions not about how things actually are, but about how things ought to be. Next, we explain what sorts of methods philosophers use to justify (...) theories of justice. Following this, in the longest section, we highlight major questions about justice that have drawn the attention of philosophers, and indicate how competing conceptions of justice have arisen from differing answers to these questions. The goal here is not to answer but to elucidate some of the larger questions about justice, as well as to establish a framework for understanding and distinguishing different kinds of claims about justice and some of the relations between them. (shrink)

This chapter describes how philosophical theorizing about justice can be connected with empirical research in the social sciences. We begin by drawing on some received distinctions between ideal and non-ideal approaches to theorizing justice along several different dimensions, showing how non-ideal approaches are needed to address normative aspects of real-world problems and to provide practical guidance. We argue that there are advantages to a transitional approach to justice focusing on manifest injustices, including the fact that it enables us to set (...) aside some reasonable disagreements about justice. The ‘bottom-up’ approach we advocate, for which we borrow Wolff’s term ‘real-world political philosophy’, is an empirically-informed normative analysis that attends to specific, identifiable injustices, and thus is partial, though not isolationist. We illustrate our approach by considering how different models of the nature of disability suggest different kinds of remedy for injustices faced by persons living with disabilities. We reflect on the nature and significance of vulnerabilities, and we assess the role of public opinion in normative theorizing, suggesting a particular significance for the opinions and experiences of marginalized groups. We finally reflect on the relevance of European legal and institutional frameworks for theorizing justice in Europe. (shrink)

The COVID-19 pandemic has laid bare many of the inadequacies of our capitalist systems, as Žižek extols in Pandemic! COVID-19 Shakes the World. This essay explores how the capabilities approach, as outlined by Amartya Sen and Martha Nussbaum, may be re-examined in the light of this new viral reality by the contributions of Slavoj Žižek and Byung-Chul Han. The capability approach, as it stands, suffers from two missing pieces: that of an acknowledgement of the necessity of negativity as a foil (...) to positivity within the capabilities as articulated by Nussbaum, and the existence of the material root of all capabilities, namely the need to have the capacity to be capable. A “capability for boredom,” and a “zeroth capability” are discussed as solutions, means by which to fill these gaps. Finally, an universal basic income is discussed as a means by which to support the functioning of a “zeroth capability,” the goal being to avoid a descent into bare life during this time of pandemic capitalism. (shrink)

Many theorists understand human rights as only aiming to secure a minimally decent existence, rather than a positively good or flourishing life. Some of the theoretical considerations that support this minimalist view have been mapped out in the philosophical literature. The aim of this paper is to explain how a relatively neglected theoretical desideratum – namely, determinacy – can be invoked in arguing for human rights minimalism. Most of us want a theory of human rights whose demands can be realized, (...) and which is acceptable to a range of worldviews. But we might also expect our theory to provide determinate answers to questions of scope (i.e. which putative rights are bona fide human rights?) and practical implementation (i.e. what concrete duties are generated by which rights?). A minimalist view of human rights makes it is easier to jointly fulfil all of these desiderata. (shrink)

This introduction explains the reasons behind this Special issue and discuss the organization and content of it. The difficulty of a genuine dialogue and understanding between economics, law and humanities, seems to be due not only to the fragmentation of reflections on man, but to a real ‘conflict of anthropologies’. What kind of conceptions of man and human values are presupposed by and / or privileged by economics, law, economic approaches to law and social sciences? How and when do these (...) conceptions come into conflict within and between disciplines? How do these conceptions of man and his values influence the conceptions of economics, law and institutions, and vice versa, how do these last conceptions influence the former? What are the normative, regulatory and practical implications of assuming an anthropological and / or axiological perspective instead of another? This Special issue aims at exploring the possibility of finding a common ground for discussion between economics, law and humanities, through the analysis and comparison of both the conceptions of man, human action and values assumed by economics, law and humanities, and their normative implications. The contributions to this Special issue and its organization are outlined at the end of this introduction. (shrink)

In late 2012, Hurricane Sandy hit the East Coast of the U.S., causing much suffering and devastation. Those who could have easily helped Sandy’s victims had a duty to do so. But was this a rightfully enforceable duty of justice, or a non-enforceable duty of beneficence? The answer to this question is often thought to depend on the kind of help offered: the provision of immediate bodily services is not enforceable; the transfer of material resources is. I argue that this (...) double standard is unjustified, and defend a version of what I call “Social Samaritanism.” On this view, within political communities, the duty to help the needy—whether via bodily services or resource transfers—is always an enforceable demand of justice, except when the needy are reckless; across independent political communities, it is always a matter of beneficence. I defend this alternative double standard, and consider its implications for the case of Sandy. (shrink)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...) framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

Eradicating poverty is one of the prime goals included in the Sustainable Development Goals set by the United Nations in its Post-2015 Development Agenda. Clearly, this is a mission set for the world to achieve but do humans have a moral obligation to fulfill it? In other words, is there a moral obligation on the part of the affluent of the world to help the needy poor? Drawing on the relation between a moral obligation and a moral right, one view (...) is that if there is a moral obligation to help the needy poor of the world, then we can say that those afflicted by severe poverty have a moral right (human right) to be free from poverty. But being an example of a socioeconomic right, it is writ with problems leading some philosophers to doubt that there is such a right. On the other hand, many attempts have been made to justify such a right. The paper looks at some attempts that have been made to justify the existence of such a right on the metaethical principles of justice, humanity and the concepts of karma and dharmic duty. It further delves into the nature of the moral obligation to eradicate poverty where this philosophical exercise provides the vision and the insight into the extent and scope of the mission. Lastly, the paper suggests how in view of the complex theoretical issues involved, one can attempt to generate the conviction that there is a human moral obligation to eradicate poverty. (shrink)

Based on my study of the Rhodes Must Fall movement, I develop a rejectionist perspective by identifying the understanding and mobilization of epistemic disobedience as the core premise of such a perspective. Embedded in this contextual perspective, epistemic disobedience refers to the decolonization of the self and a fight against colonial legacies. I argue that, rather than viewing a rejectionist perspective as a threat, it should be integrated into the moral learning of contemporary institutions and businesses. This approach is important (...) in ensuring colonial legacies and biases do not create further racism or unequal situations for marginalized groups. The implication for critical management studies is that scholars from this camp should be more sensitive to issues of black consciousness and implement an authentic pragmatic ideal to promote black culture and historiographies in universities and curricula. It also highlights a need for the field of business ethics to apply more sensitive theory of marginalized stakeholders in order to prevent any escalation of violence by multinational corporations in the name of shareholder value creation and profit-maximization. (shrink)

Pourquoi accorder un rôle essentiel à la délibération publique dans le choix des normes éthiques et politiques guidant les sciences? À partir d’un débat récent en économie du bien-être, cet article soutient que l’introduction de normes éthiques et politiques en sciences doit respecter le principe de neutralité procédurale, et qu’une délibération publique bien encadrée respecte ce principe. Je présenterai deux raisons de croire que les sciences doivent respecter la neutralité procédurale. Le premier argument est lié au rôle que devrait jouer (...) l’examen libre et critique dans le développement des sciences. Le second argument repose sur l’idée que les sciences devraient être sensibles aux procédures présentant le meilleur potentiel épistémique. Pour ces deux raisons, si elle prend position en faveur d’idéaux normatifs, l’économie du bien-être devrait se tourner vers une approche délibérative, rationnelle et impartiale pour y parvenir. (shrink)

The article challenges the claim that human rights, which have constituted one of the central tools by which to establish the truth claims of modernity, can produce freedom and meaningful happiness through the acquisition of more rights and more equality. Third World, postcolonial and feminist legal scholars have challenged the accuracy of this claim, amongst others. The critiques expose the discursive operations of human rights as a governance project primarily concerned with ordering the lives of non-European peoples, rather than a (...) liberating force; and that the pre-given rational subject of human rights is contingent and one of the prime effects of power. I examine the problems with the liberal humanism of human rights by examining not only how it is linked to a specific understanding of the `good life’, freedom and happiness, but also how it closes off other emancipatory possibilities. The acquisition of human rights as objects that an individual has by virtue of being human, represent the terminal limits of human rights, rather than the moment when the human subject becomes empowered and liberated. I draw on queer affect theory to make a critique of happiness, to which I argue human rights are linked, and how the failed or unhappy subaltern subject exposes its normative composition. I discuss the resulting depth of the despair produced from the realisation that this political project cannot realise its promise of freedom and meaningful happiness, compelling a `turn away’ from human rights as an emancipatory project and a `turn towards’ other non-liberal philosophical traditions, in the search for alternative understandings of and space for freedom and happiness. I explore these possibilities specifically within the philosophical tradition of non-dualism. (shrink)

This discussion note does three things: it explains the notion of ‘legal protection by design’ in relation to data-driven infrastructures that form the backbone of our new ‘onlife world’, it explains how the notion of ‘by design’ relates to the relational nature of what an environment affords its inhabitants, referring to the work of James Gibson, and it explains how this affects our understanding of human capabilities in relation to the affordances of changing environments. Finally, this brief note argues that (...) ‘safer by design’ in the case of nanotechnology will require legal protection by design to make sure that human capabilities are reinvented and sustained in nano-technical environments. (shrink)

Our concern is with the ethical issues related to girlhood and bodily integrity—the right to be free from physical harm and harassment and to experience freedom and security in relation to the body. We defend agency, positive self-relations, and health as basic elements of bodily integrity and we advocate that this normative concept be used as a conceptual tool for the protection of the rights of girls. We assume the capability approach developed by Martha Nussbaum as an ethical framework that (...) enables us to evaluate girls’ well-being and well-becoming in relation to the potential, and often subtle, threats they face. The capability approach can be understood as a theory of justice, and, therefore, as an ethical and political approach. An enriched concept of bodily integrity can help in the design of better policies to address gender biases against girls because it could contribute to seeing them as active agents and valid participants. (shrink)

This paper aims to clarify the status of capability in Sen’s idea of justice. Sen’s name is so widely associated with the concept of capability that commentators often assume that his contribution to the study of justice amounts to a capability theory, albeit underdeveloped. We argue that such a reading is misleading. Taking Sen’s reticence about operationalization seriously, we show that his contribution is inconsistent with a capability theory. Instead, we defend the idea that the capability approach plays a heuristic (...) role: capability is a step in his argument against alternative materials, but is not meant as a definitive end. Sen defends a critical perspective primarily to encourage public reasoning and respect for agency as regards the definition of what should count in the evaluation of social states. (shrink)

Advocates of political liberalism hold it as a superior alternative to perfectionism on the grounds that it avoids superfluous and/or controversial claims in favor of a maximally-inclusive approach undergirded by a "free-standing" justification for the ideology. These assertions prove difficult to defend: political interpretations of liberalism tend to be implicitly ethnocentric; they often rely upon a number of controversial, and even empirically falsified, assumptions about rationality--and in many ways prove more parochial than their perfectionist cousins. It is possible to reform (...) political liberalism to address these challenges, but generally at the expense of the supposed normative force and universality of the liberal project. However, this para-liberal approach is much better in keeping with contemporary findings in sociology, psychology and cognitive science--and can much more effectively accommodate the illiberal challenge. (shrink)

Se situant au confluent du libéralisme politique rawlsien et de l’anthropologie néoaristotélicienne, l’approche des capabilités de Martha Nussbaum offre un cadre théorique permettant de répondre aux tensions multiculturelles. Cet article constitue une analyse détaillée de la réponse de Nussbaum à ces enjeux, qui prétend unir un pluralisme axiologique à un universalisme moral fort. Nous avancerons que la démarche entreprise par la philosophe porte une tension entre le libéralisme politique rawlsien et le cadre conceptuel apporté par la liste des capabilités. Cette (...) liste pose une difficulté par le déficit démocratique de ses fondements, n’intégrant pas suffisamment des normes d’inclusion et de représentation. Dans un dernier temps, nous tenterons de pallier ces problèmes en intégrant à l’approche de Nussbaum des exigences délibératives. (shrink)

A oposição às taxas universitárias e a outras barreiras de acesso é, muitas vezes, encarada como uma defesa do ensino superior como um “direito”, ao invés de um “privilégio”. No entanto, a base e a natureza desse direito não são claras. Este artigo apresenta uma exploração conceitual da questão a partir de uma análise inicial do direito internacional. Apresenta um argumento a favor do direito à educação superior, visto como uma das várias formas possíveis de educação pós-escolar, restrito apenas por (...) uma exigência de um nível mínimo de preparação acadêmica. Palavras-chave: Acesso à educação superior. Ação afirmativa. Política de educação superior. Direitos humanos. Direito à educação. (shrink)

In this article, the concept of competence is studied from the point of view of the semiotics of education. It will be claimed that it is a central key concept when we are trying to analyse the meaning of education. Educational action can be reasonably understood as an insecure and complicatedly mediated trial to affect another person's competence. First, the recent discussion about the concept of competence and its relatives is shortly reviewed. Then, competence is analysed and defined according to (...) Greimassian semiotic theory as a basic determining character of an acting subject. At the same time as competence is indispensably central for understanding the subjects of action, it is problematically empirically ineffable. This ineffability has a special meaning in education, where we must try to both plan our own educative action and evaluate the learning of the student according to these invisible features. It is proposed that in the recent discourse of education, the very popular use of the concept of competence is misguided and problematically mixed with its conceptual counterpart performance. From this viewpoint, the concept of competence should rather be connected to the ontological concept of disposition. The problem of multi-dimensionality of competence is considered with the help of the Greimassian conception of modalities to create a richer and more detailed picture of the role of competence in action, and especially in education. (shrink)

According to HealthCare.gov, by improving access to quality health for all Americans, the Affordable Care Act (ACA) will reduce disparities in health insurance coverage. One way this will happen under the provisions of the ACA is by creating a new health insurance marketplace (a health insurance exchange) by 2014 in which “all people will have a choice for quality, affordable health insurance even if a job loss, job switch, move or illness occurs”. This does not mean that everyone will have (...) whatever insurance coverage he or she wants. The provisions of the ACA require that each of the four benefit categories of plans (known as bronze, silver, gold and platinum) provides no less than the benefits available in an “essential health benefits package”. However, without a clear understanding of what criteria must be satisfied for health care to be essential, the ACA’s requirement is much too vague and open to multiple, potentially conflicting interpretations. Indeed, without such understanding, in the rush to provide health insurance coverage to as many people as is economically feasible, we may replace one kind of disparity (lack of health insurance) with another kind of disparity (lack of adequate health insurance). Thus, this paper explores the concept of “essential benefits”, arguing that the “essential health benefits package” in the ACA should be one that optimally satisfies the basic needs of the people covered. (shrink)

El presente artículo indaga en los alcances teóricos y el impacto de las diversas concepciones del fenómeno del desarrollo. Atiende, en primer lugar, a la reflexión acerca de los fines y los medios del desarrollo que ha sido denominada “Ética del Desarrollo”. Estima que el examen de esta visión es necesario establecerlo en concomitancia con la reflexión sobre la democracia participativa (deliberativa). El trabajo teórico que se ha venido haciendo con miras a la ampliación de la noción tradicional y restringida (...) de “ciudadanía” política, le otorga un importante elemento de juicio para el examen de la democracia. Le permite entender de mejor manera el modo como se podría pensar en una confluencia de desarrollo y democracia participativa (deliberativa), mediando un ejercicio activo de la ciudadanía, entendida en un sentido ampliado, una de cuyas expresiones se encontraría en el concepto de “Ciudadanía biológica”, que examina desde un enfoque de biopolítica afirmativa. (shrink)

This article analyses the relationship between rights and capabilities in order to get a better grasp of the kind of consequentialism that the capability theory represents. Capability rights have been defined as rights that have a capability as their object (rights to capabilities). Such a definition leaves the relationship between capabilities and rights to a great extent underspecified since nothing is said about the nature of those rights. Hence, it is not precluded that they are mere negative liberties, something that (...) capability theorists deny. On the other hand, to say that all capability rights are substantive in the sense that they themselves are capabilities (rights as capabilities) will in a significant number of cases fail to match well with our intuitions. This article presents an account of the relationship between rights and capabilities that avoids these problems of underspecification and of plausibility, respectively. First, it is argued that to take the idea of capability rights seriously, three new ‘list issues’ need to be addressed. Second, developing a point made by Nussbaum, it is argued that capability rights are to be defined as being purely instrumental. Whereas the resulting analysis of capability rights solves the problems of underspecification and plausibility, it raises doubts about the claim that the capability approach gives more importance to rights than do traditional forms of consequentialism. (shrink)

: Many people have lamented the proliferation of human rights claims. The cure for this problem, it may be thought, would be to develop a theory that can distinguish ‘real’ from ‘supposed’ human rights. I argue, however, that the proliferation of human rights mirrors a deep problem in human rights theory itself. Contemporary theories of natural rights to welfare are historical descendants from a theory of rights to subsistence which was developed in twelfth-century Europe. According to this theory, each human (...) being has a special role to fulfil in God's plan and therefore has inalienable rights to subsist. Later theories have secularized this idea by claiming that human beings are purposive agents. Secularization, however, comes at a price. In the case of these theories, the price is a failure to provide satisfactory answers to the most basic questions we would expect of a theory of natural rights to answer. They have failed to provide a basis for ascribing these rights to all and only to human beings. They have not been able to generate a clear and viable criterion for ascribing duties correlative to these rights. And they cannot limit rights-claims in a non-arbitrary way. Hence we should abandon these theories. (shrink)

While there is a substantial conceptual literature on equality in education, there has been little clarificatory discussion on the term equity, despite its frequent use in policy and planning documents. The article draws out some different ways in which equity can be understood in education. It distinguishes three forms of equity, looking at the social context when major shifts in the meaning of the term took place in English—the fourteenth century, the sixteenth century and the eighteenth century. Terming these equity (...) from below, equity from above, and equity from the middle, the analysis highlights how each helps clarify aspects of the concern with diversity within the capability approach. The conclusion drawn is that all three forms of equity need to be placed in articulation to expand capabilities in education. (shrink)

Human rights are those legal and/or moral rights that all persons have simply as persons. In the current digital age, human rights are increasingly being either fulfilled or violated in the online environment. In this article, I provide a way of conceptualizing the relationships between human rights and information technology. I do so by pointing out a number of misunderstandings of human rights evident in Vinton Cerf's recent argument that there is no human right to the Internet. I claim that (...) Cerf fails to recognize the existence of derived human rights. I argue further that we need to consider what other human rights are necessitated by the digital age. I suggest we need a Declaration of Digital Rights. As a step toward the development of such a declaration, I suggest a framework for thinking through how to ensure the human rights are satisfied in digital contexts. (shrink)

The increasing availability of digital data reflecting economic and human development, and in particular the availability of data emitted as a by-product of people’s use of technological devices and services, has both political and practical implications for the way people are seen and treated by the state and by the private sector. Yet the data revolution is so far primarily a technical one: the power of data to sort, categorise and intervene has not yet been explicitly connected to a social (...) justice agenda by the agencies and authorities involved. Meanwhile, although data-driven discrimination is advancing at a similar pace to data processing technologies, awareness and mechanisms for combating it are not. This paper posits that just as an idea of justice is needed in order to establish the rule of law, an idea of data justice – fairness in the way people are made visible, represented and treated as a result of their production of digital data – is necessary to determine ethical paths through a datafying world. Bringing together the emerging scholarly perspectives on this topic, I propose three pillars as the basis of a notion of international data justice: visibility, engagement with technology and antidiscrimination. These pillars integrate positive with negative rights and freedoms, and by doing so challenge both the basis of current data protection regulations and the growing assumption that being visible through the data we emit is part of the contemporary social contract. (shrink)

Central capabilitarian theories of well-being focus exclusively on actual opportunities to attain states of being and doing that people have reason to value. Consequently, these theories characterise ill-being and disadvantage as deprivations of such opportunities and attainments. However, some well-being aspects are inherently negative. They make up the difference between not being well and being unwell in that they constitute ill-being. While disadvantage can be plausibly captured by deprivations, ill-being cannot be fully captured by them. I support this claim by (...) analysing cases involving inherently negative aspects of homelessness that are not mere deprivations of opportunities to attain beings and doings that people have reason to value. I conclude that ill-being is not only about what one cannot be and do, but also about one’s enduring, and opportunities to avoid, negative beings and doings. Theories and policies should reflect this to get things right, and to do right by people. (shrink)

The global financial crisis that started in 2008 was followed by recessions, austerity measures, protests, and demonstrations. Relative deprivation theory offers an explanation as to why people engage in protests and violence, and the literature contains evidence that economic and environmental variables are often to blame. However, previous RDT scholars have not investigated how a country’s entrepreneurial attitudes can affect increases in civil disorder, which is the primary purpose of this study. The authors’ results provide not only conflicting evidence regarding (...) RDT explanations but also strong evidence that high levels of entrepreneurial attitudes can significantly dampen increases in society’s level of civil disorder. Levels of environmental degradation were found to have no impact on changes in civil disorder. (shrink)

Let me start by saying that I have a deep appreciation for the development rights framework offered by Paul Baer and his colleagues at EcoEquity and the Stockholm Environmental Institute (Baer, Ath...

Many scholars and activists favor banning illicit businesses, especially given that such businesses constitute a large part of the global economy. But these businesses are commonly operated as if they are subject only to the ethical norms their management chooses to recognize, and as a result they sometimes harm innocent people. This can happen in part because there are no effective legal constraints on illicit businesses, and in part because it seems theoretically impossible to dispose definitively of arguments that support (...) moral relativism. Progress is being made, however, towards a “second best” arrangement consisting of widespread institutional agreements regarding ethical norms. This development might eventually enable us to transcend moral relativism in some respects. Indeed, although some business ethicists who examine illicit business practices accept moral relativism, others attempt to surmount it. The latters’ endeavor, I show, is cross-cultural in nature in that it involves businesses that are deemed illicit in at least one but not every culture. I then recall some traditional solutions and their limits: ideological teachings are culture-specific, hence both temporally and spatially limited; legal constraints, though potentially helpful, are too diverse hence often narrow in reach. Especially problematic are defense industry businesses, which are inherently transcultural and, though uniquely harmful, are not effectively banned in any culture. Harm to quality of life (QoL) can, however, be measured. So I recommend institutional support for international human rights tied to QoL data as a workable way to counter moral relativism regarding illicit businesses. (shrink)

Underestimated for a long time, serendipity is an increasingly recognized design principle of the infosphere. Being influenced by environmental and human factors, the experience of serendipity encompasses fundamental phases of production, distribution and consumption of information. On the one hand, design information architectures for serendipity increases the diversity of information encountered as well as users’ control over information processes. On the other hand, serendipity is a capability. It helps individuals to internalize and adopt strategies that increase the chances of experiencing (...) it. As such, the pursuit for serendipity can help to burst filter bubbles and weaken echo chambers in social media. The article reviews the literature on emerging issues surrounding serendipity in human–computer interactions. By doing so, it firstly presents the study of serendipity and the debate about its role in digital environments. Then, it introduces the main features of a preliminary architecture for serendipity. Finally, it analyzes from an interdisciplinary perspective the values that embraces and sustains. The conclusion is that serendipity can be conceived as an emerging design and ethical principle able to strengthen media pluralism and other emerging human rights in the context of online personalization. Main limitations and potential unintended consequences are also discussed. (shrink)

The study uncovers the drama of Stei Baita (Romania), a former uranium mine, which experienced during the communism period, an intensive industrialization. This shaped the territorial pattern, cultural, economic and social relationships, with a tremendous impact on the quality of the environment which was sacrificed against a rapid of a so-called economic growth. Stei Baita is a classic example of legacy mine land and the authors aim is to capture and assess all important aspects of sustainable development within this study-case (...) of disadvantaged community living in a radon prone area. More specifically, authors introduce their responses to several questions: (1) What do we know about social, economic and environmental capital of the selected settlement?; (2) Is the legacy of a uranium mine the platform of debate for negotiating for sustainable development?; and (3) What is the role of ethics in the current context of Stei Baita? Within the framework of analysis, equity, seen as part of ethics, is valued both as the premise of the debate and mandatory requirement for human development that should target sustainability. Authors have not discussed truths, but positions on identified problems by investigating community members’ perceptions. Thus, peculiarities of this community are dealt within a thematic context (e.g., resources and environment, individual development, social system). Finally, ethics is valued as social construct built by negotiating interpretations of morally desirable situations and behaviors accepted in a particular society at a certain historical moment. This view is consistent with ethical relativism which denies the existence of a unique moral truth and which sets the understanding of Stei Baita context on the path of the “new ethics”. The “new ethics” depicts the world in nuances, allowing society to surpass obstacles to the progress of understanding. (shrink)

In modern representative democracies, much healthcare is publicly funded or provided and so the question of what healthcare systems should do is a matter of public policy. Given that public resources are inevitably limited, what should be done and who should benefit from healthcare? It is a dilemma for policymakers and a subject of debate within several disciplines, but rarely across disciplines. In this paper, I draw on thinking from several disciplines and especially philosophy, economics, and systems theory. I conclude (...) that economist and philosopher John Broome’s writing provides the framework for an answer: a healthcare system in a democracy should do as much good as possible, although sometimes we should sacrifice some overall good for the sake of fairness. This leaves open some detailed questions about what in practice we consider to be good and fair, and about when some good should be traded off in order to be fair. The answers to these questions depend on our values, or as explained by systems theory, our weltanschauung. How policy decisions should be made when citizens’ values differ is a subject of extensive academic debate. However, it is a separate question. Representative democracies have mechanisms for resolving such debates. (shrink)

This article claims that the protection of children’s capability for play is a central social-political goal. It provides the following three-premise argument in defense of this claim: we have strong and wide-ranging normative reasons to be concerned with clusters of social deficiency; particular fertile functionings play a key role for tackling clusters of social deficiency; and finally the capability for childhood play is a crucial, ontogenetic prerequisite for the development of those particular fertile functionings. Thus, in so far as we (...) consider it a central political goal to tackle social deficiency, we should be concerned with protection of childhood play capability. This conclusion raises new insights on the importance – for global development policy as well as for welfare states’ aim to secure social justice – of protecting children’s capability to engage in playful activities. (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)

The health and human rights movement (HHR) shows obvious signs of maturation both internally and externally. Yet there are still many questions to be addressed. These issues include the movement’s epistemological status and its perspectives of development. This paper discusses critically the conditions of emergence of HHR, its identity, its dominant schools of thought, its epistemological postures and its methodological issues. Our analysis shows that: (a) the epistemological status of HHR is ambiguous; (b) its identity is uncertain in the absence (...) of a validated definition: is it an action movement, an interdisciplinary field, a domain, an approach, a setting or a scientific discipline? (c) its main schools of thoughts are defined as “advocacists”, “ethicists”, “interventionists”, “normativists”; (d) the movement is in the maturation process as a discipline in which “interface”, “distance”, “interference” and “fusion” epistemological postures represent the fundamental steps; (e) parent disciplines (health sciences and law) competences, logics and cultures introduce duality and difficulties in knowledge production, validation and diffusion; (f) there is need to re-write the history of the HHR movement by inscribing it not only into the humanitarian or public health perspectives but also into the evolution of sciences and its social, political and economical conditions of emergence. The ambiguous epistemological status of this field, the need to re-write its history, the methodological duality in its research, the question of the competence of the knowledge validation, as well as the impact of HHR practice on national and international health governance are the challenges of its future development. To meet those challenges; we call for the creation and implementation of an international research agenda, the exploration of new research topics and the evaluation of the movement’s contribution to the national and global public health and human rights governance. (shrink)

ABSTRACTThis article provides a Global South perspective on marginalised migrant youth and higher educational aspirations, with a specific focus on South Africa. We use data from a case study in Johannesburg to illustrate how marginalised migrant youth experience particular forms of disadvantage in their endeavours to realise their educational aspirations. Yet, educational opportunities and the achievement of educational aspirations may enhance dimensions important for individual wellbeing. Through education, marginalised migrant youth become better positioned to pursue what they have reason to (...) value, including escaping poverty in both their home and host countries. Using the human development and capability lens, the paper also presents what the disadvantages experienced by marginalised migrant youth may mean for human development. We argue that constrained educational aspirations can result in corrosive disadvantage and ultimately systemic poverty. We conclude the paper by highlighting how the capability approach could be used to inform social and educational policies in contexts of marginalisation. (shrink)

Building on Sen’s capabilities approach this paper focuses on the United Nations Principles for Responsible Management Education to assess whether current developments in management education have the capacity to contribute to the promulgation of an inclusive development that moves beyond the discourse of ‘growth’ and ‘income’. Arguing that PRME in its current form reproduces a dominant market logic, and lacks the sensitivity to difference as captured in the plural quality of Sen’s capability approach, we conclude by suggesting a PRME agenda (...) for management education that contributes to inclusive development as human wellbeing, rewriting it in terms of capabilities. (shrink)

This paper suggests that lessons from the field of environmental ethics and sociological perspectives on knowledge are important tools for rethinking what type of ethical analysis is needed for building up further the field of development ethics and, more generally, for addressing some of the most fundamental ethical problems related to global poverty and development. The paper argues for a methodologically pragmatist approach to development ethics that focuses on the interplay between facts, values, concepts and practices. It views development ethics (...) as a hybrid between a public moral?political philosophy and a public conception of social science. Ethical analyses of poverty and development must lead to fundamental changes in the ways knowledge is produced and justified and must challenge the dominance of global institutions and orthodox economics as the single sources of expert knowledge for development. Two of the main tasks of ethical analysis is to provide tools for the formulation of alternative knowledge for development centred on the equal moral worth of all human beings, and to influence global policy making as well as multilateral institutions' goals and policies. The last section of the paper argues that Amartya Sen's version of the Capability Approach is already methodologically pragmatist and points to some convergence between Sen's work and John Dewey's. Further sociological and methodologically pragmatist analysis of the approach is needed to assess the ways in which it is influencing debates on human development and leading to policy changes, and the possible distortions it suffers when adopted by multilateral agencies and policy makers. An earlier version of this paper was presented at the international conference on Ethics and Development at Michigan State University, East Landing (USA) 8?15 April 2005. The section on methodological pragmatism draws from an unpublished paper written with Andrew Light called ?A Pragmatist Methodology for Development Ethics,? presented at the American Philosophical Association (APA) meeting in New York, December 1999. I have updated, transformed and used some parts and insights developed with Light in a way he may not recognize. (shrink)

Early defenders of the Universal Declaration of Human Rights invoked species hierarchy: human beings are owed rights because of our discontinuity with and superiority to animals. Subsequent defenders avoided species supremacism, appealing instead to conditions of embodied subjectivity and corporeal vulnerability we share with animals. In the past decade, however, supremacism has returned in work of the new ‘dignitarians’ who argue that human rights are grounded in dignity, and that human dignity requires according humans a higher status than animals. Against (...) the dignitarians, I argue that defending human rights on the backs of animals is philosophically suspect and politically self-defeating. (shrink)

ABSTRACTIris Marion Young’s social connection model of responsibility faces one difficulty when dealing with a non-ideal case where actors, especially victims, lack what I call “capability for responsibility”. Without taking this problem into consideration, Young’s model could be criticized for blaming the victim for not taking their responsibility for political Justice. In this paper, I address this question by examining a case study taken from Japan where society is deeply structured in a mode that oppresses women. The first sections point (...) out that Young’s model overlooks the importance of agents for political justice while trying not to blame anyone. In the second sections I will introduce the idea of the “capability for responsibility” to connect the analytical part and the prescriptive part of her model as a theory of justice, arguing that actors’ engagement in self-examination through collective action is necessary for the enhancement of their capability for responsibility. (shrink)