Les plus grandes institutions médicales et divers éthiciens préconisent une approche utilitariste en période de crise de santé publique, afin de maximiser les bénéfices pour la société, en conflit direct avec notre vision habituelle (kantienne) du respect des personnes en tant qu'individus. Un problème central de l'utilitarisme est qu'il n'y a pas de moyen clair d'évaluer les choix moraux, y compris dans les décisions médicales. En général, l'éthique médicale kantienne est respectée en médecine. Mais dans une pandémie, lorsque les ressources (...) sont pauvres, des choix profonds de vie ou de mort doivent être faits. Dans ces situations, les principes de l'utilitarisme offrent la meilleure réponse, avec le passage d'un modèle de pensée centré sur le patient à un modèle de pensée centré sur la société. DOI: 10.13140/RG.2.2.34596.30088. (shrink)

There is a recent interest in the ethics of high-skilled worker emigration through which the limitations of the right to exit are discussed. Insightful arguments have been made in favour of the emigration restrictions on skilled workers in order to tackle the deprivations in developing countries. However, there is still a need for clarification on how we can understand, discuss and implement limitations of a right from a normative perspective. Significantly, how we understand the limitation of a right might determine (...) how we approach such limitations – both in terms of the process of assessing the limitations and in terms of their implications. In this paper, I identify two distinct ways to understand limitations of the right to exit with respect to losses associated with health worker emigration, while also pointing to their implications for restrictive policies: as a matter of scope, and as a matter of weight or emergency, which requires a compensatory scheme for the individual right holders. While the emergency restrictions seem to be a point of convergence in the literature, what defines an emergency and the nature of the compensation still warrant exploration. To that end, I also discuss from a normative perspective what might constitute a public emergency that would give states a prima facie prerogative to regulate temporary limitations on the exercise of the right to exit. In addition, I briefly introduce the implications of emergency restrictions, with a particular focus on compensatory schemes for individual right holders. (shrink)

In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...) building upon an account of the modern state as a moral agent proper, capable of both culpable moral and legal wrongdoing. I then consider objections to the intelligibility and legitimacy of subjecting states to domestic criminal processes, which primarily find their source in the assumption that such subjection would necessarily involve the state prosecuting, judging, and punishing itself. I argue that whether this (questionable) assumption is sound or not, it does not create the kinds of unsolvable quandaries its exponents think it does. I then move on to reject the distinct, yet related, objection that, at least in aspiring liberal jurisdictions, treating the state as a criminal objectionably involves extending to it various substantive and procedural guarantees that, given its nature and raison d’être, it should not have. Finally, I discuss three central objections to punishing the state. First, that organizations like states do not have the phenomenal consciousness required to suffer punishment. Second, that the constant possibility of dispersion of state punishment amongst individual members stands in the way of its justification. Lastly, that whatever justification there may be for making things harder for the state in response to its culpable wrongdoing, such treatment need not be understood as punishment. While partially conceding the strength of these objections, I strive to loosen their grip in ways that show that justified punishment of the state, meaningfully understood as such, remains a distinct possibility. I conclude by contrasting supposed alternatives to the criminalization of states, and by contending that my analysis leaves us with enough to keep the possibility of state criminalization on the table as a justifiable response to state wrongdoing. (shrink)

This is the editorial for Vol 19 Issue 2 of Philosophy of Management. A reflection is made on COVID-19 measures and a call for papers is made to explore the crisis through philosophical inquiry on 1) disaster management and 2) existentialist views of work. Guidance is given based on papers published previously in the journal, and on Camus’ La Peste / The Plague.

This article examines the nature of individual goods, public goods, and the common good in the context of the Coronavirus Disease 2019 (COVID). ‘Common’ in ‘common good’ is what applies to all persons without exception, and ‘good’ is what contributes to human flourishing. The common good is regarded as the communion of persons in good living. Addressing the relationship between the economy and society, it is proposed that the marketplace subsists within society. Acknowledging that we are deeply connected, the article (...) employs the philosophies of MacIntyre, Maritain and Sandel to highlight the importance of reciprocity, relationships, and generosity as characteristics of the common good. Two narratives in the public discourse are observed in these COVID days – one characterised by fear and selfishness, the other by hope and generosity. The author recognises that this pandemic can be conceived as a ‘wicked’ problem in a ‘volatile, uncertain, complex, and ambiguous’ world, and implications for leaders and citizens in managing COVID are suggested. (shrink)