Results for 'Fair shares'

372 found
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  1. Fairness and Fair Shares.Keith Horton - 2011 - Utilitas 23 (1):88.
    Some moral principles require agents to do more than their fair share of a common task, if others won’t do their fair share – each agent’s fair share being what they would be required to do if all contributed as they should. This seems to provide a strong basis for objecting to such principles. For it seems unfair to require agents who have already done their fair share to do more, just because other agents won’t do (...)
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  2. International Aid: The Fair Shares Factor.Keith Horton - 2004 - Social Theory and Practice 30 (2):161-174.
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  3. Climate Change and Justice: A Non-Welfarist Treaty Negotiation Framework.Alyssa R. Bernstein - 2015 - Ethics, Policy and Environment 18 (2):123-145.
    Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...)
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  4. Failing International Climate Politics and the Fairness of Going First.Aaron Maltais - 2014 - Political Studies 62 (3):618-633.
    There appear to be few ways available to improve the prospects for international cooperation to address the threat of global warming within the very short timeframe for action. I argue that the most effective and plausible way to break the ongoing pattern of delay in the international climate regime is for economically powerful states to take the lead domestically and demonstrate that economic welfare is compatible with rapidly decreasing GHG emissions. However, the costs and risks of acting first can be (...)
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  5. The Missing Link Between Corporate Social Responsibility and Consumer Trust: The Case of Fair Trade Products.Sandro Castaldo, Francesco Perrini, Nicola Misani & Antonio Tencati - 2009 - Journal of Business Ethics 84 (1):1-15.
    This paper investigates the link between the consumer perception that a company is socially oriented and the consumer intention to buy products marketed by that company. We suggest that this link exists when at least two conditions prevail: (1) the products sold by that company comply with ethical and social requirements; (2) the company has an acknowledged commitment to protect consumer rights and interests. To test these hypotheses, we conducted a survey among the clients of retail chains offering Fair (...)
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  6. Completing Rawls's Arguments for Equal Political Liberty and its Fair Value: The Argument From Self-Respect.Meena Krishnamurthy - 2013 - Canadian Journal of Philosophy 43 (2):179-205.
    Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core civil (...)
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  7. Playing Fair and Following the Rules.Justin Tosi - 2017 - Journal of Moral Philosophy 14 (2):134-141.
    In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to (...)
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  8. A Fair Play Account of Legitimate Political Authority.Justin Tosi - 2017 - Legal Theory 23 (1):55-67.
    There is an emerging consensus among political philosophers that state legitimacy involves something more than—or perhaps other than—political obligation. Yet the principle of fair play, which many take to be a promising basis for political obligation, has been largely absent from discussions of the revised conception of legitimacy. This paper shows how the principle of fair play can generate legitimate political authority by drawing on a neglected feature of the principle—its stipulation that members of a cooperative scheme must (...)
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  9.  37
    Gleiche Gerechtigkeit: Grundlagen Eines Liberalen Egalitarismus.Stefan Gosepath - 2004 - Suhrkamp.
    Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...)
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  10. The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2017 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the (...)
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  11. Making Fair Choices on the Path to Universal Health Coverage.Ole Frithjof Norheim, Trygve Ottersen, Bona Chitah, Richard Cookson, Norman Daniels, Nir Eyal, Walter Flores, Axel Gosseries, Daniel Hausman, Samia Hurst, Lydia Kapiriri, Toby Ord, Shlomi Segall, Frehiwot Defaye, Alex Voorhoeve & Alicia Yamin - 2014 - World Health Organisation.
    This report by the WHO Consultative Group on Equity and Universal Health Coverage addresses how countries can make fair progress towards the goal of universal coverage. It explains the relevant tradeoffs between different desirable ends and offers guidance on how to make these tradeoffs.
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  12.  26
    The Fifth Face of Fair Subject Selection: Population Grouping.Tomasz Żuradzki - 2020 - American Journal of Bioethics 20 (2):41-43.
    The article by MacKay and Saylor (2020) claims that the principle of fair subject selection yields conflicting imperatives (e.g. in the case of pregnant women) and should be understood as “a bundle of four distinct sub-principles” (i.e. fair inclusion, burden sharing, opportunity, distribution of third-party risks), each having conflicting normative recommendations (MacKay and Saylor 2020). The authors also offer guidance as to how we should navigate between subprinciples that may conflict with each other. The problem is a crucial (...)
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  13. Rescuing Fair-Play as a Justification for Punishment.Matt K. Stichter - 2010 - Res Publica 16 (1):73-81.
    The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime (...)
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  14. Justice as Fairness in a Broken World.Marcus Arvan - 2014 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 4 (2):95-126.
    In Ethics for a Broken World : Imagining Philosophy after Catastrophe, Tim Mulgan applies a number of influential moral and political theories to a “broken world ”: a world of environmental catastrophe in which resources are insufficient to meet everyone’s basic needs. This paper shows that John Rawls’ conception of justice as fairness has very different implications for a broken world than Mulgan suggests it does. §1 briefly summarizes Rawls’ conception of justice, including how Rawls uses a hypothetical model – (...)
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  15. Fair Infinite Lotteries.Sylvia Wenmackers & Leon Horsten - 2013 - Synthese 190 (1):37-61.
    This article discusses how the concept of a fair finite lottery can best be extended to denumerably infinite lotteries. Techniques and ideas from non-standard analysis are brought to bear on the problem.
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  16. Self-Realization and the Priority of Fair Equality of Opportunity.Robert Taylor - 2004 - Journal of Moral Philosophy 1 (3):333-347.
    The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on our interest in (...)
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  17. Situationism, Responsibility, and Fair Opportunity.David O. Brink - 2013 - Social Philosophy and Policy (1-2):121-149.
    The situationist literature in psychology claims that conduct is not determined by character and reflects the operation of the agent’s situation or environment. For instance, due to situational factors, compassionate behavior is much less common than we might have expected from people we believe to be compassionate. This article focuses on whether situationism should revise our beliefs about moral responsibility. It assesses situationism’s implications against the backdrop of a conception of responsibility that is grounded in norms about the fair (...)
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  18. Rethinking the Principle of Fair Play.Justin Tosi - 2018 - Pacific Philosophical Quarterly 99 (4):612-631.
    The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an interpretation (...)
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  19. Fighting Fair: The Ecology of Honor in Humans and Animals.Dan Demetriou - 2015 - In Jonathan Crane (ed.), Beastly Morality. Columbia University Press. pp. 123-154.
    This essay distinguishes between honor-typical and authoritarian behavior in humans and animals. Whereas authoritarianism concerns hierarchies coordinated by control and obedience, honor concerns rankings of prestige determined by fair contests. Honor-typical behavior is identifiable in non-human species, and is to be expected in polygynous species with non-resource-based mating systems. This picture lends further support to an increasingly popular psychological theory that sees morality as constituted by a variety of moral systems. If moral cognition is pluralistic in this way, then (...)
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  20. Reconceiving Rawls’s Arguments for Equal Political Liberty and Its Fair Value.Meena Krishnamurthy - 2012 - Social Theory and Practice 38 (2):258-278.
    Few have discussed Rawls's arguments for the value of democracy. This is because his arguments, as arguments that the principle of equal basic liberty should include democratic liberties, are incomplete. Rawls says little about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. And, at times, what he does say is unconvincing. My aim is to complete and, where they fail, to reconceive Rawls's arguments and to show that (...)
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  21. Making Fair Choices on the Path to Universal Health Coverage: A Precis.Alex Voorhoeve, Trygve Ottersen & Ole Frithjof Norheim - 2016 - Health Economics, Policy and Law 11 (1):71-77.
    We offer a summary of the WHO Report "Making Fair Choices on the Path to Universal Health Coverage".
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  22. Education, Fair Competition, and Concern for the Worst Off.Johannes Giesinger - 2011 - Educational Theory 61 (1):41-54.
    In this essay, Johannes Giesinger comments on the current philosophical debate on educational justice. He observes that while authors like Elizabeth Anderson and Debra Satz develop a so-called adequacy view of educational justice, Harry Brighouse and Adam Swift defend an egalitarian principle. Giesinger focuses his analysis on the main objection that is formulated, from an egalitarian perspective, against the adequacy view: that it neglects the problem of securing fair opportunities in the competition for social rewards. Giesinger meets this objection (...)
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  23. Three Case Studies in Making Fair Choices on the Path to Universal Health Coverage.Alex Voorhoeve, Tessa Edejer, Kapiriri Lydia, Ole Frithjof Norheim, James Snowden, Olivier Basenya, Dorjsuren Bayarsaikhan, Ikram Chentaf, Nir Eyal, Amanda Folsom, Rozita Halina Tun Hussein, Cristian Morales, Florian Ostmann, Trygve Ottersen, Phusit Prakongsai & Carla Saenz - 2016 - Health and Human Rights 18 (2):11-22.
    The goal of achieving Universal Health Coverage (UHC) can generally be realized only in stages. Moreover, resource, capacity and political constraints mean governments often face difficult trade-offs on the path to UHC. In a 2014 report, Making fair choices on the path to UHC, the WHO Consultative Group on Equity and Universal Health Coverage articulated principles for making such trade-offs in an equitable manner. We present three case studies which illustrate how these principles can guide practical decision-making. These case (...)
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  24. A Modified Rawlsian Theory of Social Justice: “Justice as Fair Rights”.Rodney G. Peffer - 2008 - Proceedings of the Xxii World Congress of Philosophy 50:593-608.
    In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting the fourth (...)
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  25. Fair Equality of Opportunity in Global Justice.Mark Navin - 2008 - Social Philosophy Today 24:39-52.
    Many political philosophers argue that a principle of ‘fair equality of opportunity’ ought to extend beyond national borders. I agree that there is a place for FEO in a theory of global justice. However, I think that the idea of cross-border FEO is indeterminate between three different principles. Part of my work in this paper is methodological: I identify three different principles of cross-border fair equality of opportunity and I distinguish them from each other. The other part of (...)
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  26. Peter Corning: The Fair Society: The Science of Human Nature and the Pursuit of Social Justice: University of Chicago Press, Chicago, 2011. [REVIEW]Holly Lawford-Smith - 2012 - Biology and Philosophy 27 (2):313-320.
    Peter Corning: The Fair Society: The science of human nature and the pursuit of social justice Content Type Journal Article Category Review Essay Pages 1-8 DOI 10.1007/s10539-011-9304-0 Authors Holly Lawford-Smith, Centre for Applied Ethics and Public Philosophy, Charles Sturt University, Canberra, Australia Journal Biology and Philosophy Online ISSN 1572-8404 Print ISSN 0169-3867.
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  27.  54
    Fair Innings and Time-Relative Claims.Ben Davies - 2016 - Bioethics 30 (6):462-468.
    Greg Bognar has recently offered a prioritarian justification for ‘fair innings’ distributive principles that would ration access to healthcare on the basis of patients' age. In this article, I agree that Bognar's principle is among the strongest arguments for age-based rationing. However, I argue that this position is incomplete because of the possibility of ‘time-relative' egalitarian principles that could complement the kind of lifetime egalitarianism that Bognar adopts. After outlining Bognar's position, and explaining the attraction of time-relative egalitarianism, I (...)
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  28. Fair Climate Policy in an Unequal World: Characterising Responsibilities and Designing Institutions for Mitigation and International Finance.Jonathan Pickering - 2013 - Dissertation, Australian National University
    The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...)
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  29. Making Fair Choices on the Path to Universal Health Coverage: Final Report of the WHO Consultative Group on Equity and Universal Health Coverage.World Health Organization - 2014 - World Health Organization.
    Universal health coverage (UHC) is at the center of current efforts to strengthen health systems and improve the level and distribution of health and health services. This document is the final report of the WHO Consultative Group on Equity and Universal Health Coverage. The report addresses the key issues of fairness and equity that arise on the path to UHC. As such, the report is relevant for every actor that affects that path and governments in particular, as they are in (...)
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  30. Towards a Just and Fair Internet: Applying Rawls’ Principles of Justice to Internet Regulation.David M. Douglas - 2015 - Ethics and Information Technology 17 (1):57-64.
    I suggest that the social justice issues raised by Internet regulation can be exposed and examined by using a methodology adapted from that described by John Rawls in 'A Theory of Justice'. Rawls' theory uses the hypothetical scenario of people deliberating about the justice of social institutions from the 'original position' as a method of removing bias in decision-making about justice. The original position imposes a 'veil of ignorance' that hides the particular circumstances of individuals from them so that they (...)
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  31. Fair Numbers: What Data Can and Cannot Tell Us About the Underrepresentation of Women in Philosophy.Yann Benétreau-Dupin & Guillaume Beaulac - 2015 - Ergo: An Open Access Journal of Philosophy 2:59-81.
    The low representation (< 30%) of women in philosophy in English-speaking countries has generated much discussion, both in academic circles and the public sphere. It is sometimes suggested (Haslanger 2009) that unconscious biases, acting at every level in the field, may be grounded in gendered schemas of philosophers and in the discipline more widely, and that actions to make philosophy a more welcoming place for women should address such schemas. However, existing data are too limited to fully warrant such an (...)
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  32.  43
    A Ghost Workers' Bill of Rights: How to Establish a Fair and Safe Gig Work Platform.Julian Friedland, David Balkin & Ramiro Montealegre - 2020 - California Management Review 62 (2).
    Many of us assume that all the free editing and sorting of online content we ordinarily rely on is carried out by AI algorithms — not human persons. Yet in fact, that is often not the case. This is because human workers remain cheaper, quicker, and more reliable than AI for performing myriad tasks where the right answer turns on ineffable contextual criteria too subtle for algorithms to yet decode. The output of this work is then used for machine learning (...)
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  33. Savoring Disgust: The Foul and the Fair in Aesthetics. [REVIEW]Filippo Contesi - 2012 - British Journal of Aesthetics 52 (1):113-116.
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  34. Fair Agricultural Innovation for a Changing Climate.Zoë Robaey & Cristian Timmermann - 2018 - In Erinn Gilson & Sarah Kenehan (eds.), Food, Environment and Climate Change. Lanham: Rowman & Littlefield International. pp. 213-230.
    Agricultural innovation happens at different scales and through different streams. In the absence of a common global research agenda, decisions on which innovations are brought to existence, and through which methods, are taken with insufficient view on how innovation affects social relations, the environment, and future food production. Mostly, innovations are considered from the standpoint of economic efficiency, particularly in relationship to creating jobs for technology-exporting countries. Increasingly, however, the realization that innovations cannot be successful on their technical prowess alone (...)
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  35. Review of Matthew D. Adler: Well-Being and Fair Distribution. Beyond Cost-Benefit Analysis. [REVIEW]Alex Voorhoeve - 2014 - Social Choice and Welfare 42 (1):245-54.
    In this extended book review, I summarize Adler's views and critically analyze his key arguments on the measurement of well-being and the foundations of prioritarianism.
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  36.  23
    Context is Needed When Assessing Fair Subject Selection.G. Owen Schaefer - 2020 - American Journal of Bioethics 20 (2):20-22.
    Volume 20, Issue 2, February 2020, Page 20-22.
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  37. All's Fair in Love and War? Machiavelli and Ang Lee's "Ride With the Devil".James Edwin Mahon - 2013 - In Robert Arp, Adam Barkman & Nancy King (eds.), The Philosophy of Ang Lee. University Press of Kentucky. pp. 265-290.
    In this chapter I argue that Machiavelli does not hold that all deception is permissible in war. While Machiavelli claims that "deceit... in the conduct of war is laudable and honorable," he insists that such deceit, or ruses of war, is not to be confounded with perfidy. Any Lee's U.S. Civil War film, "Ride With the Devil," illustrates this difference. The film also illustrates the difference between lying as part of romance, which is permitted, and lying at the moment of (...)
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  38. Why It Is Sometimes Fair to Blame Agents for Unavoidable Actions and Omissions.Ken Levy - 2005 - American Philosophical Quarterly 42 (2):93 - 104.
    It is generally thought that ought implies can. If this maxim is correct, then my inability to do otherwise entails that I cannot be blamed for failing to do otherwise. In this article, however, I use Harry Frankfurt’s famous argument against the "Principle of Alternative Possibilities" (PAP) to show that the maxim is actually false, that I can be blamed for failing to do otherwise even in situations where I could not have done otherwise. In these situations, I do not (...)
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  39. Perfectly Marked, Fair Tests with Unfair Marks.Joseph S. Fulda - 2009 - The Mathematical Gazette 93 (527):256-260.
    Shows how, as a consequence of the Arrow Impossibility Theorem, objectivity in grading is chimerical, given a sufficiently knowledgeable teacher (of his students, not his subject) in a sufficiently small class. -/- PDF available from JStor only; permission to post full version previously granted by journal editors and publisher expired. -/- Unpublished reply posted gratis.
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  40.  66
    The Possible Effects of Moral Bioenhancement on Political Privileges and Fair Equality of Opportunity.Efrat Ram-Tiktin - 2014 - American Journal of Bioethics 14 (4):43-44.
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  41. The Harm Principle Vs. Kantian Criteria for Ensuring Fair, Principled and Just Criminalisation.Dennis J. Baker - 2008 - Australian Journal of Legal Philosophy 33 (66):66-99.
    In this paper, I consider Ripstein and Dan-Cohen's critiques of the 'harm principle'. Ripstein and Dan-Cohen have asserted that the harm principle should be jettisoned, because it allegedly fails to provide a rationale for criminalising certain harmless wrongs that ought to be criminalised. They argue that Kant's second formulation of the categorical imperative and his concept of 'external freedom' are better equipped for ensuring that criminalisation decisions meet the requirements of fairness. Per contra, I assert that Kant's deontological theory is (...)
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  42.  33
    The Feminist Argument Against Supporting Care.Anca Gheaus - 2020 - Journal of Practical Ethics 8 (1):1-27.
    Care-supporting policies incentivise women’s withdrawal from the labour market, thereby reinforcing statistical discrimination and further undermining equality of opportunities between women and men for positions of advantage. This, I argue, is not sufficient reason against such policies. Supporting care also improves the overall condition of disadvantaged women who are care-givers; justice gives priority to the latter. Moreover, some of the most advantageous existing jobs entail excessive benefits; we should discount the value of allocating such jobs meritocratically. Further, women who have (...)
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  43.  87
    Algorithmic Fairness From a Non-Ideal Perspective.Sina Fazelpour & Zachary C. Lipton - manuscript
    Inspired by recent breakthroughs in predictive modeling, practitioners in both industry and government have turned to machine learning with hopes of operationalizing predictions to drive automated decisions. Unfortunately, many social desiderata concerning consequential decisions, such as justice or fairness, have no natural formulation within a purely predictive framework. In efforts to mitigate these problems, researchers have proposed a variety of metrics for quantifying deviations from various statistical parities that we might expect to observe in a fair world and offered (...)
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  44. Reconstructing Rawls: The Kantian Foundations of Justice as Fairness.Robert S. Taylor - 2011 - Pennsylvania State University Press.
    With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...)
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  45. Clinical Research: Should Patients Pay to Play?Ezekiel J. Emanuel, Steven Joffe, Christine Grady, David Wendler & Govind Persad - 2015 - Science Translational Medicine 7 (298):298ps16.
    We argue that charging people to participate in research is likely to undermine the fundamental ethical bases of clinical research, especially the principles of social value, scientific validity, and fair subject selection.
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  46. Distributive Justice: The Case of Café Feminino.Kyle Johannsen - 2016 - In Fritz Allhoff, Alex Sager & Anand Vaidya (eds.), Business in Ethical Focus, 2nd Edition. Peterborough, CA: Broadview Press. pp. 706-10.
    This case study analyzes the Fair Trade coffee label "Café Feminino" (as well as Fair Trade more generally) from the perspective of different theories of distributive justice. Its purpose is to serve as a learning tool for students in business ethics courses.
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  47.  46
    A Monetary Case for Value-Added Negative Tax.Michael Kowalik - 2015 - Real-World Economics Review 2015 (70):80-91.
    We address the most fundamental yet routinely ignored issue in economics today: that of distributive impact of the monetary system on the real economy. By re-examining the logical implications of token re-presentation of value and Irving Fisher’s theory of exchange, we argue that producers of value incur incidental expropriation of wealth associated with the deflationary effect that new value supply has on the purchasing power of money. In order to remedy the alleged inequity we propose a value-added negative tax (VANT) (...)
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  48. Response to Our Critics.Alex Voorhoeve, Trygve Ottersen & Ole Frithjof Norheim - 2016 - Health Economics, Policy and Law 11 (1):103-111.
    We reply to critics of the World Health Organisation's Report "Making Fair Choices on the Path to Universal Health Coverage". We clarify and defend the report's key moral commitments. We also explain its role in guiding policy in the face of both financial and political constraints on making fair choices.
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  49.  33
    Remixing Rawls: Constitutional Cultural Liberties in Liberal Democracies.Jonathan Gingerich - 2019 - Northeastern University Law Review 11 (2):523-588.
    This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously form (...)
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  50.  97
    Rights of Inequality: Rawlsian Justice, Equal Opportunity, and the Status of the Family.Justin Schwartz - 2001 - Legal Theory 7 (1):83-117.
    Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...)
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