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)

I would argue that toleration is one of the cornerstones for a just social order in any pluralistic society. Yet, the ideal of toleration is usually thought to originate from within, and most often justified from a European historical and philosophical context. It is thought to be a response to societal conflict and the Wars of Religion in the West, which is then exported to the rest of the world, by colonialism (ironically), or globalization. The West, once again, calls upon (...) itself to teach the rest of the world how to be more ethical. I think that this not only plays into the hands of cultural and ethical relativists, but that this picture is far from accurate; it ignores rich indigenous sources for toleration that already exist and have existed in India for millennia. In this chapter, I explore three central and predominant ideas in India as providing justification for distinctly Indian forms of toleration; as well, I explore Indian forms of secularism. I examine how toleration, and indeed, more strongly, respect for difference and pluralism, emerge through three influential Indian self-understandings: the theory of anekāntavāda or non-absolutism; the concept of ātman or self; and the idea of pratītyasamutapāda or interconnectedness. In contrast to various Euro-Western legal and political ideals that may have little resonance, I think indigenous sources offer a far more promising alternative ground upon which to build an overlapping convergence on basic human rights in India. As the eminent Indian philosopher and states person Sarvepalli Radhakrishnan (1955), Gadamer (Pantham 1992), and James Tully (1995) contend: the purpose of such convergence is not uniformity in diversity, but rather, unity in diversity. These sources provide an antidote not only to current forms of Hindutva in India, but may have something of value from which the West can learn -- given the European Caste System which is alive and continues to thrive today. (shrink)

This chapter explores two central questions in the conceptual ethics of normative inquiry. The first is whether to orient one’s normative inquiry around folk normative concepts (like KNOWLEDGE or IMMORAL) or around theoretical normative concepts (like ADEQUATE EPISTEMIC JUSTIFICATION or PRO TANTO PRACTICAL REASON). The second is whether to orient one’s normative inquiry around concepts whose normative authority is especially accessible to us (such as OUGHT ALL THINGS CONSIDERED), or around concepts whose extension is especially accessible to us (such as (...) BETRAYAL). The chapter aims to make vivid and plausible a range of possible answers to these questions, and important forms of argument that can be used to favor certain answers over others. (shrink)

Bioethics has increasingly become a standard part of medical school education and the training of healthcare professionals more generally. This is a promising development, as it has the potential to help future practitioners become more attentive to moral concerns and, perhaps, better moral reasoners. At the same time, there is growing recognition within bioethics that nonideal theory can play an important role in formulating normative recommendations. In this chapter we discuss what this shift toward nonideal theory means for ethical curricula (...) within healthcare education. In particular, we contend that more attention to the particularities of historical and social context needs to be incorporated into bioethics training. To make this argument, we focus on two examples: teaching units on race and medicine and those that focus on stigma and coercion in mental health. For both, we show how a pedagogical approach in which educators focus on social injustice could influence how practitioners engage in ethics in the clinic. This chapter, then, demonstrates what a commitment to nonideal theory can mean practically when it comes to bioethics education. (shrink)

I first distinguish four types of objection to paternalism and argue that only one – the principled objection – amounts to a substantive and distinct normative doctrine. I then argue that this doctrine should be understood as preventing certain facts from playing the role of reasons they would otherwise play. I explain how this filter approach makes antipaternalism independent of several philosophical controversies: On the role reasons play, on what reasons there are, and on how reasons are related to values. (...) I go on to contrast the filter approach with the competing and dominant action-focused approach, which understands objections to paternalism in terms of paternalistic action, behavior, law, policy and the like. Seana Shiffrin and Peter de Marneffe are singled out as prominent recent proponents of this approach. By engaging with their definitions of paternalism, I explain how the action-focused approach makes antipaternalism dependent on the sorting of actions into paternalistic and nonpaternalistic according to what reasons support them. Because one and the same action can be supported by many different reasons, and by different sorts of reasons, such sorting is very difficult. The upshot is that antipaternalism on the action-focused account fails to provide the precise normative implications of the filter approach that I favor. (shrink)

This paper scrutinizes the tension between individuals’ rights and paternalism. I will argue that no normative account that includes rights of individuals can justify hard paternalism since the infringement of a right can only be justified with the right or interest of another person, which is never the case in hard paternalism. Justifications of hard paternalistic actions generally include a deviation from the very idea of having rights. The paper first introduces Tom Beauchamp as the most famous contemporary hard paternalist (...) by outlining his moral theory (principlism) and showing why it, as it stands, has to allow for hard paternalism. Secondly, the paper focuses on the notion of rights within principlism. I will employ traditional theories of rights to make sense of rights in principlism. Unfortunately, this attempt fails. In the third part, then, I claim that rights can only be limited with reference to the rights or interests of others. This structure is the very point of rights, it is their bite. I will argue for this claim and show its implications. The most important implication is that not only principlism, but every normative theory that includes rights of individuals, has to abolish hard paternalism. (shrink)

Suppose that an autonomous vehicle encounters a situation where (i) imposing a risk of harm on at least one person is unavoidable; and (ii) a choice about how to allocate risks of harm between different persons is required. What does morality require in these cases? Derek Leben defends a Rawlsian answer to this question. I argue that we have reason to reject Leben’s answer.

It is common in political theory and practice to challenge normatively ambitious proposals by saying that their fulfillment is not feasible. But there has been insufficient conceptual exploration of what feasibility is, and very little substantive inquiry into why and how it matters for thinking about social justice. This paper provides one of the first systematic treatments of these issues, and proposes a dynamic approach to the relation between justice and feasibility that illuminates the importance of political imagination and dynamic (...) duties to expand agents’ power to fulfill ambitious principles of justice. (shrink)

Many of the problems we face can usefully be modeled as prisoners’ dilemmas. All the standard game-theoretic solutions to prisoners’ dilemmas lead, in the real world, to assurance games. But too often some aspects of our social interaction are as much obscured by, as illuminated by, game theory. Removing some of the epistemic constraints often accepted by game theorists will enable us to distinguish between productive and destructive prisoners’ dilemmas. Doing so is an important step in understanding the nature of (...) some of our social problems. (shrink)

After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...) practical reason or their stunted emotions that are at fault. The evidence supports both explanations. I conclude with an overview of the debate concerning whether they are morally or legally responsible for their actions. (shrink)

Many philosophers appeal to the “fallacy of approximation”, or “problem of second best”. However, despite the pervasiveness of such appeals, there has been only a single attempt to provide a systematic account of what the fallacy is. We identify the shortcomings of this account and propose a better one in its place. Our account not only captures all the contexts in which approximation-based reasoning occurs but also systematically explains the several different ways in which it can be in error.

The role that need plays in dealing with problems of distributive justice is examined in a series of vignette studies. Among other things, it becomes clear that impartial observers make gradual assessments of justice that depend on the extent to which the observed individuals are endowed with a good. If it is known how high their need for that good is, the assessments are made relative to this reference point. In addition, impartial decision-makers make hypothetical distribution decisions that take into (...) account need, productivity, and accountability. The need of individuals is partially compensated even if they have contributed less to the available amount than they themselves require. However, the willingness to do so decreases if they are accountable for needing more than others or for having contributed less than others. Lastly, both impartial observers and impartial decision-makers distinguish between different types of needs, the fulfillment of which is given different levels of importance. (shrink)

This paper will be concerned with hard choices—that is, choice situations where an agent cannot make a rationally justified choice. Specifically, this paper asks: if an agent cannot optimize in a given situation, are they facing a hard choice? A pair of claims are defended in light of this question. First, situations where an agent cannot optimize because of incompleteness of the binary preference or value relation constitute a hard choice. Second, situations where agents cannot optimize because the binary preference (...) or value relation violates acyclicity do not constitute a hard choice. (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)

The books’ goal is to answer the question: Do the weaknesses of value-free economics imply the need for a paradigm shift? The author synthesizes criticisms from different perspectives (descriptive and methodological). Special attention is paid to choices over time, because in this area value-free economics has the most problems. In that context, the enriched concept of multiple self is proposed and investigated. However, it is not enough to present the criticisms towards value-free economics. For scientists, a bad paradigm is better (...) than no paradigm. Therefore, the author considers whether value-based economics with normative approaches such as economics of happiness, capability approach, libertarian paternalism, and the concept of multiple self can be the alternative paradigm for value-free economics. This book is essential reading to everyone interested in the current state of economics as a discipline. (shrink)

Justice and Vulnerability in Europe contributes to the understanding of justice in Europe from both a theoretical and empirical perspective. It shows that Europe is falling short of its ideals and justice-related ambitions by repeatedly failing its most vulnerable populations. Interdisciplinary and expert contributors search for the explanations behind these failing ambitions, through analysis of institutional discourse, legal debate and practice and the daily experiences of vulnerable populations, such as those dependent on social care and welfare. By setting tentative criteria (...) for justice as 'participatory parity', in line with the insights of the political philosopher Nancy Fraser, the book challenges European policy makers to re-define redistributive, recognitive and representative justice. (shrink)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

Para quienes tengan interés en la filosofía moral y política contemporánea la obra de John Rawls es sin discusión una parada necesaria. De hecho, la tesis de Robert Nozick según la cual resulta imposible hacer filosofía moral y política sin considerar el marco ofrecido por Rawls, aunque parezca extrema, resulta bastante acertada. En gran medida el impacto de la obra de Rawls radica en su interés por ofrecer una teoría sustantiva de la justicia, teoría que hundiendo sus raíces en la (...) tradición de la filosofía sea capaz de orientarnos al momento de abordar las discusiones contemporáneas sobre justicia social. -/- En los trabajos que componen este libro el lector podrá encontrar una discusión actualizada sobre aquellos elementos que definen la base moral y política que Rawls presentó como fundamento de su teoría de la justicia. Al mismo tiempo, estos ensayos intentan construir un puente entre la justicia como equidad y otras tradiciones de la filosofía moral y política contemporánea. Para lograr este último fin, varios de los trabajos que aquí se presentan consideran las ideas de reconocimiento y autorrespeto como claves de interpretación de la obra de Rawls. (shrink)

In liberal political theory, meaningful work is conceptualised as a preference in the market. Although this strategy avoids transgressing liberal neutrality, the subsequent constraint upon state intervention aimed at promoting the social and economic conditions for widespread meaningful work is normatively unsatisfactory. Instead, meaningful work can be understood to be a fundamental human need, which all persons require in order to satisfy their inescapable interests in freedom, autonomy, and dignity. To overcome the inadequate treatment of meaningful work by liberal political (...) theory, I situate the good of meaningful work within a liberal perfectionist framework, from which standpoint I develop a normative justification for making meaningful work the object of political action. To understand the content of meaningful work, I make use of Susan Wolf’s distinct value of meaningfulness, in which she brings together the dimensions of objectivity and subjectivity into the ‘bipartite value’ of meaningfulness (BVM) (Wolf, Meaning in life and why it matters, 2010). However, in order to be able to incorporate the BVM into our lives, we must become valuers, that is, co-creators of values and meanings. This demands that we acquire the relevant capabilities and status as co-authorities in the realm of value. I conclude that meaningful work is of first importance because it is a fundamental human need, and that society ought to be arranged to allow as many people as possible to experience their work as meaningful through the development of the relevant capabilities. (shrink)

The problem of “dirty hands” has become an important term, indeed one of the most important terms of reference, in contemporary academic scholarship on the issue of torture. The aim of this essay is to offer a better understanding of this problem. Firstly, it is argued that the problem of “dirty hands” can play neither within rule-utilitarianism nor within absolutism. Still, however, the problem of “dirty hands” represents an acute, seemingly irresolvable, conflict within morality, with the moral agent understood, following (...) Nagel, as necessarily holding mixed, absolutist-consequentialist moral intuitions, pulling in opposite directions. Secondly, a distinction is drawn between real situations of “dirty hands,” and other conflictual scenarios, which are commonly, but unjustifiably placed under the metaphorical title of “dirty hands.” Finally, it is suggested - utilizing Nagel’s own ideas, as developed in his later work, and Sen’s notion of evaluator relativity—that the moral “blind alley” manifested in the problem of “dirty hands” may not be totally blind after all, at least from the situated agent’s own internal point of view (as opposed to that of an external observer trying to put herself in the agent’s position by way of moral simulation). Thus, contrary to Walzer’s approach, it is possible for a person (politician) acting in a situation of “dirty hands,” not to believe herself to be guilty, but still be a moral person. (shrink)

Sustainability has become a major goal of domestic and international development. This essay analyzes the transitions of normative ideas embedded in the notion of sustainability by reviewing the discourses in the representative reports and literature from different periods. Three sets of ideas are proposed: inter- and intra-generational equity, stability of public systems, and a sense of solidarity, which confirms the scope of community and functions as a precondition for the previous two ideas. This essay uses the case of a health (...) system in a hypothetical country to illustrate that, besides securing financial sustainability, a genuinely sustainable public system must also meet the three normative ideas of sustainability. This essay also finds that these three ideas may create intrinsic tensions within the prevalent policy-making model—democracy. The pursuit of sustainability is not only the responsibility of a democratic government, but also a shared moral obligation of the body politic. (shrink)

For 40 years, Peter Singer has deployed the case of the child drowning in the shallow pond to argue for greater donations in foreign aid. The persistent use of the shallow pond example in theorizing about global poverty ignores morally salient features of the real world, and ignoring such morally salient features can have a variety of harmful implications for anti-poverty work. I argue that the shallow pond example should be abandoned, and defend this claim against possible objections.

The Millennium Development Goals (MDGs), an unprecedented set of global commitments to reduce various forms of human deprivation and promote human development, are set to expire in 2015. Despite their promise, the MDGs are flawed in a variety of ways. The development community is already discussing what improved development framework should replace the MDGs. I argue that global justice advocates should focus first on the procedure for developing the post-2015 development framework. Specifically, they should create spaces for citizens, especially the (...) most marginalized and oppressed, to actively deliberate about the form and content of a future global development framework, and ensure that this deliberation receives political uptake in formal intergovernmental processes for deciding the post-2015 framework. (shrink)

Even while proclaiming that God is dead, Nietzsche often praises Islam and explicitly endorses the Laws of Manu. His praise of Islam and the Laws of Manu is usually tied to a critique of Christianity. Nietzsche’s own social ethic, based in Will to Power, advocates the exploitation of the weak. Tariq Ramadan often speaks appreciatively of Nietzsche, but his vision of social justice seems very similar to the Christian social ethic that Nietzsche constantly attacks. This essay examines the role that (...) Islam plays for Nietzsche and the role that Nietzsche plays for Ramadan. Despite their differences, both thinkers criticize the provincial tendencies in Western thought. (shrink)

This paper considers the social justice initiative of the Canadian Nurses Association (CNA). It focuses mainly on the two editions of the CNA's discussion document on social justice, and particularly on its emphasis on the principle of equity. The paper considers whether a coherent justification can be made for the CNA's espousal of equity, and the discussion focuses in turn on the principle of equity itself and on the CNA's position in relation to equity. A body of arguments supporting an (...) active moral role for professions, generally known as civic professionalism, provides a framework for exploring the CNA's role in this respect. Justifications for equity are explored in relation to the liberal‐contextualist spectrum, and civic professional arguments are subjected to the same structure of analysis. This is in turn related to evidence from the literature concerning nursing perceptions of equity. The paper concludes that contextualist justifications of equity and civic professionalism support one another more robustly than liberal justifications in relation to the CNA's initiative; and that they also sit more comfortably with the realities of the CNA's role in relation to nursing, and to the Canadian health care system. (shrink)

If ‘community’ is the answer, what is the problem? While questions undoubtedly arise in allocating resources to public health, such as ‘how much?’ and ‘to whom?’, we already have answers based on (i) the observation that disease and illness are bad, (ii) views of justice and fairness and (iii) an appreciation of market failure. What does the concept of community add to the existing answers? Not nothing, I shall argue, but not much either. In some cases, health providers should take (...) advantage of ties of community to deliver services more effectively. The desire to preserve communities may have some minor implications for devolved health care funding. The value of community may set some limits to inequalities in access to health care. That’s about it. I do consider some other claims of behalf of the concept, e.g. that people would not support justice in health care without a sense of community; but I don’t find these claims very plausible. Finally, I point out some ways in which communities can be damaged by the promotion of public health understood as population health. (shrink)

A central challenge of Amartya Sen’s comparative view of justice is to bring cultural diversity to bear on conceptualizing global justice, which includes building bridges across cultures that enable effective action, and rendering compatible the most beneficent of Rawlsian (or transcendental) intentions with irreducible cultural diversity. For social scientists meeting this challenge requires, first, taking account of variation of social practices in the social construction of meaning, and second, uncovering invisible frontiers of global justice that remain hidden due to conceptual (...) or empirical oversight. The latter is especially true for contemporary International Relations (IR) theory, which assumes state actors to be the main interlocutors in the global realm, and thus precludes consideration of micro-level forms of inter-national relations (understood as interaction among all types of actors that takes place across country borders and that bears traits of national identity). Alternatively, Sen’s micro-perspectival approach offers a welcome support for pluralist approaches that both appreciate non-state access to contestation in the international arena, and account for the meaning-in-use of fundamental norms (democracy, rule of law, human rights) in different cultural and inter-national contexts. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure analysis. The (...) basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (shrink)

Our aim in this paper is to suggest that most current theories of global justice fail to adequately recognise the importance of global public goods. Broadly speaking, this failing can be attributed at least in part to the complexity of the global context, the individualistic focus of most theories of justice, and the localised nature of the theoretical foundations of most theories of global justice. We argue ? using examples (particularly that of protecting antibiotic efficacy) ? that any truly effective (...) theory of global justice must recognise the importance of global public goods. Global public goods confer significant benefits to individuals yet can only be effectively promoted and preserved through collective action and the restriction of individual choice; something which most theories of justice are structurally unequipped to sufficiently promote. (shrink)

International guidelines recommend that prenatal screening for fetal abnormalities should only be offered within a non-directive framework aimed at enabling women in making meaningful reproductive choices. Whilst this position is widely endorsed, developments in cell-free fetal DNA based Non-Invasive Prenatal Testing are now raising questions about its continued suitability for guiding screening policy and practice. This issue is most apparent within debates on the scope of the screening offer. Implied by the aim of enabling meaningful reproductive choices is the idea (...) that screening services should support women in accessing prenatal tests that best enable them to realize the types of reproductive choice that they find important. However, beyond whatever options meet the quality standards required for facilitating an informed decision, the remaining criteria of facilitating autonomous choice is strictly non-directive. As a result, policy makers receive little indication prior to consultation with each individual woman, about what conditions should be prioritized during the offer of screening. In this paper we try to address this issue by using the capabilities approach to further specify the non-directive aim of enabling meaningful reproductive choice. The resulting framework is then used to assess the relative importance of offering prenatal screening where concerning different types of genetic condition. We conclude that greater priority may be ascribed to offering prenatal screening for conditions that more significantly diminish a woman’s central capabilities. It follows that serious congenital and earlier-onset conditions are more likely to fulfill these criteria. (shrink)

Threats to the stability of liberal democracies are of obvious contemporary import. Concern with stability runs through John Rawls’s work. The stability that concerned him was that of fundamental terms of cooperation. Rawls long believed that the terms which would be stable were his two principles, but he eventually conceded that even a well-ordered society was more likely to be characterized by “justice pluralism” than by consensus on his own conception of justice. Contemporary liberal democracies, too, are divided about what (...) justice demands. I believe Rawls’s treatment of stability can help us understand the conditions under which fundamental terms of cooperation can be stable under non-ideal conditions such as ours. But because Rawls never worked through the consequences of his concession, his view needs to be developed before we can draw on it. Rawls’s treatment makes use of elementary game theory. Thus in _Theory of Justice_ he said -- and in _Political Liberalism_ he implied -- that stability would result from citizens with a sense of justice “playing” strategies which combined for what was, in effect, a Nash equilibrium. I argue that his concession requires a new conception of stability and implies that Rawls cannot appeal to a Nash equilibrium to show how stability would be maintained. His concession therefore forces open a troubling gap in his analysis. I fill that gap by proposing a weaker equilibrium concept that serves Rawlsian purposes. I conclude with what this project suggests for challenges facing the fragile liberal democracies of our own time. (shrink)

This paper probes theories of justice underpinning the concept of equity to deconstruct the term and ascertain how best to equitably support refugee and asylum-seeking youth in U.S. schools. Building upon theories posited by John Rawls, Michael Sandel, and Amartya Sen, the paper aims to extend beyond ideal theory into a theoretical framework of equity with operationalizing potential. Recognizing refugee and asylum-seeking youth as part of the U.S. social contract and therefore bound to government support, the paper represents that equitable (...) education for these young people in our globalized world is essential from both a human rights and economic perspective. Such equitable education will only be achieved when universal minimum standards are offered to everyone and made inclusive, so that all are invited to fully participate as culturally respected learners and knowledge producers in academic spaces. (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)

This study aims to examine the perceptions of Black, Asian and Minority Ethnic staff in English local government on the ethical nature of their treatment at work, and its mediating effect on their Public Service Motivation. This is a particular imperative in a sector which itself delivers social justice within a strong regulatory system designed to ensure workplace equality and therefore is expected to be a model employer for other organisations. Employees place great importance on their fair treatment by their (...) employers and, in particular, the endeavour of managerial authority to implement equality at work based on their discretionary powers. 2580 valid responses were collected from 15,000 questionnaires sent to staff in five local councils in England. Our analyses show that BAME employees have a significantly stronger PSM than their white colleagues; however, this has been eroded by their perception of unfair treatment: being underpaid allied with a lack of effort from management to ensure an equal work environment, to be specific, to prevent discrimination, bullying, and racism at workplace. Most importantly, the perceived exertion made by management to ensure an equal work environment has a significantly strong mediating effect on PSM and a compensational effect on perceived lower pay. Theoretical and practical implications are discussed. (shrink)

The paper explores the possibilities for promoting epistemic justice in a South African university setting through a participatory action-based photovoice research project in which university resea...

Interest in third sector organisations (TSOs) is growing as their role in addressing social regeneration, especially in urban environments, is regarded as crucial by governmental and supra-governmental organisations. The challenge is increased in multicultural environments, where those from ethnic minorities may struggle to participate in the mainstream economy and society more broadly. There is an assumption that TSOs make a positive contribution to the social good of the diverse communities and client groups that they serve. However, although there have been (...) many studies of ethicality in commercial and public sector organisations, few focus on TSOs. Furthermore, black and minority ethnic (BME) TSOs, in particular face specific pressures, caught between the high expectations of their capacity to engage with diverse communities where the public sector has failed and, in common with all TSOs, the struggle to secure the resources necessary to manage their organisations and deliver front-line services. In this article, we investigate how implicitly ethicality is constructed in TSOs, including those with a primary mission to provide support for and services to BME communities. Building on information obtained for 305 TSOs in a post-industrial city we develop a structural equation model (SEM) in order to evaluate the relationships between elements that we argue comprise ethicality. We then assess the manner in which TSOs generally, and BME TSOs specifically, vary in the manner in which they communicate their ethical purpose and the outcomes of their actions. (shrink)

Contemporary theories of criminalisation address, with varying emphasis, themes concerning the harmfulness and the wrongfulness of the conduct. In his article for the present issue, Antony Duff relies chiefly on notions of wrongfulness as the basis for his proposed criminalisation doctrines; whereas in their 2011 volume on criminalisation, Andrew Simester and Andreas von Hirsch invoke both wrongfulness and harmfulness as prerequisites for prohibiting conduct. The present article assesses the comparative merits of these approaches, and argues in favour of the latter, (...) two-element perspective. In this article, the author puts forward a number of reasons suggesting why the two-element approach is preferable. These reasons include, firstly, an inductive argument—that the kinds of wrongful conduct for which criminalisation seems a plausible response are those that include an element of harm or risk of harm. Secondly, a defining role for the state is one of resource-protection: of safeguarding the means and resources through which citizens can live good lives. Thus the concept of citizens’ living resources—and the related conception of harm—should be made a constitutive and explicit element of criminalisation theory, rather than subsuming resource-protection under a general rubric of wrongfulness. Thirdly, a two-element approach provides reciprocal limiting principles concerning the scope of criminalisation. One can, for example, employ wrongfulness requirements to limit the criminalisation of conduct that has remote harmful consequences; and, conversely, use a harmfulness requirement as means for restricting the criminalisation of wrongful acts. (shrink)

Commercial interest in land (large-scale land acquisition, LaSLA) in developing countries is a hot topic for debate and its potential consequences are contentious: proponents conceive of it as much needed investment into the formerly neglected agricultural sector while opponents point to severe social and environmental effects. This contribution discusses, if and how sustainability standards and codes of conduct can contribute towards governing LaSLA. Based on the WCED-definition we develop a conception of sustainability that allows framing potential negative effects as issues (...) of intra- and intergenerational justice. In a second step we specify these claims of justice, drawing on a human rights approach as well as three guidelines for sustainable development, namely, efficiency, consistency and resilience, to arrive at six guidelines for social and environmental sustainability criteria of LaSLA. We compare our suggestions with existing proposals for sustainability standards of LaSLA and with the certification schemes for sustainable production of bioenergy. From this we draw lessons for development and implementation of sustainability standards for LaSLA. (shrink)

This paper examines how employing the capabilities approach in conceptualizing sustainable development allows reasoning and specifying claims for more sustainable lifestyles. In doing so, it focuses on the example of food consumption because it constitutes an ‘sustainability hotspot’ as well as a paradigmatic example for the tensions between individual lifestyles on the one hand and societal consequences of such lifestyles on the other. The arguments developed in the paper allow rebutting two common objections against claims for individual changes in food (...) consumption. These are, first, that more sustainable food consumption constitutes a societal issue so that asking individuals to behave more sustainably is unnecessary. The second objection argues that such claims infringe on the individuals’ freedom of choice and morally overburden individuals. I first outline a conception of sustainable development that draws on the capabilities approach. Subsequently, I develop a more specific account of what is meant by more sustainable food production and consumption. Finally, I draw on this account to rebut the above-mentioned objections against claims for more sustainable food consumption. (shrink)

Age of automation entails freedom from most of the common working roles. Signs are changes in employment, unemployment, professional structures, relevance of services, entertainment industry, working hours, and the nature of social relations. Warnings are suggested against voluntaristic interventions, neglect of social, historical relations. New approaches are required in the fields of lifelong education and in the education of socially disadvantaged people. The changes in evolutionary inherited motivations and life styles are critical challenges to mankind. Open society and lessons of (...) system control are recommended. (shrink)

Initiated almost four decades ago in the form of an 11-bed clinic in Madurai, Aravind Eye Care System with its large network of hospitals, vision centres and community outreach programs is now recognized in India and beyond as a major actor of health care. This paper upholds the view that Aravind’s innovative characteristics call for the creation of a specific category: transformational entrepreneurship. It first clarifies what may be called the ‘Aravind paradox’: Aravind achieves compassion through Taylorism, providing free eye (...) care to poor patients while expanding its robust entrepreneurial model. It then analyses the social, cultural and policy implications of Aravind’s success, notably from the perspective of its contribution to the common good. Finally, the paper identifies the definitional components of transformational entrepreneurship. (shrink)

The connection between health and human rights continues to play a prominent role within global health law. In particular, a number of theorists rely on the claim that there is a relation of interdependence between health and human rights. The nature and extent of this relation, however, is rarely defined, developed or defended in a conceptually robust way. This paper seeks to explore the source, scope and strength of this putative relation and what role it might play in developing a (...) global health law framework. (shrink)

Intellectual property is one of the highly divisive issues in contemporary philosophical and political debates. The main objective of this paper is to explore some sources of tension between the formal rules of intellectual property (particularly copyright and patents) and the emerging informal norms of file sharing and open access in online environments. We look into the file sharing phenomena not only to illustrate the deepening gap between the two sets of norms, but to cast some doubt on the current (...) regime of intellectual property as an adequate frame for the new type of interactions in online environments. Revisiting the classic Arrow–Demsetz debate about intellectual property and the epistemological issues involved in assessing institutions, we suggest that seeking out new institutional arrangements aligned with the norms-in-use seems to be a more promising strategy in the new technological setting than attempting to reinforce the current legal framework. Moreover, such a strategy is less prone to committing the so-called ‘Nirvana fallacies’. As a secondary task, we try to cast some doubt on the two most common moral justifications of intellectual property as being able to ground the full extent of the current intellectual property regime. (shrink)

The article aims to demonstrate that the nudge theory suffers from three main weaknesses stemming from its theoretical dependence on behavioural economics. The first two weaknesses endanger the paternalistic goal, whereas the third does not justify the libertarian attribute. The first weakness lies in the incomplete realistic characterisation of behavioural economics theory that is the central theoretical pillar of Nudge theory. The second weakness is even more relevant. The normative model of behavioural economics is neoclassical rationality. It can be applied (...) to choices in conditions of risk, when it is possible to forecast the probability of the outcomes of one’s choices. On the contrary the real life problems are inside a complex and uncertain environment. In an uncertain environment the neoclassical algorithms are no longer valid, in that they postulate the knowledge of the probability of the outputs. Thus errors and bias, as observed in behavioural economics, are not such in many instances, but they are instead adaptive and therefore rational responses to the context of decision-making. Therefore nudge theory that pursues the normative paternalistic objective of neutralising the bias and judgement errors discovered by behavioural economics and putting paternalistically the citizen on the right track, is in fact proceeding in the wrong direction. The last weakness concerns an assumption of Nudge theory about the duality of mind. System 1 represents the intuitive mind, while System 2 corresponds to the analytical one. System 1 tends to make decisions quickly and unconsciously, while System 2 follows a slow and conscious process. Biases and judgement errors are mainly generated by System 1. However, System 2 may later intervene to correct them. From this premise, the Nudge theory affirms its libertarian character. In this paper I will argue that the dualism of the mind would not entail the reversibility of some nudges, particularly of default states. In this way the fundamental pillar is weakened to justify the libertarian character of the nudge theory. (shrink)

The libertarian attribute of Thaler and Sunstein’s nudge theory (Nudge: improving decisions about health, wealth, and happiness. Yale University Press, New Haven, 2008) is one of the most important features for its candidature as a new model for public policy-making. It relies on the reversibility of choices made under the influence of nudging. Since the mind is articulated into two systems, the choice taken by System 1 is always reversible because it can be overridden by the deliberative and corrective role (...) of System 2. This article does not aim to criticise the whole theory of nudge and neither to assess its practical efficacy as a policy-making tool. Rather it intends to show that there are doubts that the specific claim of reversibility is correct for a subset of nudges called “System 1 nudges” (Sunstein in The ethics of influence, Cambridge University Press, Cambridge, 2016). And that therefore, in this case, the libertarian claim seems little justified. The thrust of my argument contests the truth of the main pillar of the libertarian claim, namely the dual-process theory of mind. I will show that even the minimal version of dual reasoning, namely the Type 1 and Type 2 processes proposed by Evans and Stanovich (Perspect Psychol Sci 8(3):223–241, 2013), is weakened by psychological and neural data. (shrink)

Commentary on Pratt, B., and A. A. Hyder. 2016. Governance of transnational global health research consortia and health equity.

I argue for a conception of health as a person's ability to achieve or exercise a cluster of basic human activities. These basic activities are in turn specified through free-standing ethical reasoning about what constitutes a minimal conception of a human life with equal human dignity in the modern world. I arrive at this conception of health by closely following and modifying Lennart Nordenfelt's theory of health which presents health as the ability to achieve vital goals. Despite its strengths I (...) transform Nordenfelt's argument in order to overcome three significant drawbacks. Nordenfelt makes vital goals relative to each community or context and significantly reflective of personal preferences. By doing so, Nordenfelt's conception of health faces problems with both socially relative concepts of health and subjectively defined wellbeing. Moreover, Nordenfelt does not ever explicitly specify a set of vital goals. The theory of health advanced here replaces Nordenfelt's (seemingly) empty set of preferences and society-relative vital goals with a human species-wide conception of basic vital goals, or ‘central human capabilities and functionings’. These central human capabilities come out of the capabilities approach (CA) now familiar in political philosophy and economics, and particularly reflect the work of Martha Nussbaum. As a result, the health of an individual should be understood as the ability to achieve a basic cluster of beings and doings—or having the overarching capability, a meta-capability, to achieve a set of central or vital inter-related capabilities and functionings. (shrink)