The management of Higher Education Systems has continued to suffer from plethora of concerns and issues, cardinal amongst them, is the application of conventional administrative strategies and leadership patterns, sometimes without appropriate modifications so much so, that the management effectiveness of higher education systems is gradually being eroded. This is evident in the increasing distasteful gamut of multidimensional outcomes arising from the used of dogmatic and stereotype variants of managerial principles or nothing at all, in the circumstance. Given this premise, (...) there is an urgent desire to rejig and re-engineer learning experiences that will culminate into dynamic, goal oriented and robust management packages for higher education systems with results for global acclamations, thereby, chatting new directions to fill this existing gap in the management of higher education systems in Nigeria. With humility, I introduce to you this book titled: Management of Higher Education Systems, a collection of well-researched essays. The essays in this book promises to deliver on the deliverables of its raison d’tre of job specifications and management dynamics of higher education landscape, reflecting on the global realities. This is because scholarly evidences abound, to proof that looking into the National Universities Commission’s Bench Mark Minimum Academic Standard (BMAS) of the curriculum for Educational Management as a discipline, it is obvious, that the BMAS has fallen short of global expectations and appears to be revolving within neo-colonial conventional administrative theorizing, with little or no emphasis on the practical demonstration of acquired skills, competences and capabilities for trained educational administrators, to deal with peculiarities of the moment, especially in the developing world. This felt need pushes for a paradigm shift in our curricula endeavours. It is even worse off, when experiences have continued to show, that there are deficiencies noticeable in the understanding of job requirements of educational managers of higher education systems in Nigeria. -/- It is this gap therefore, that the current effort is geared towards building this literature which seeks to address this lacuna by re-chiseling and retooling educational management practices through equipping this sophisticated discipline with up-to-date information and knowledge that will enhance the full optimaization of the job specifications, of higher educational managers, to bring into a perfect nexus of the man, job and social milieu. It is also in public domain, that managers of higher educational systems with such limitations are very often left with no option than to resort to on -the- job training by bureaucrats, who are in themselves their acolytes ab-initio and who sometimes take over leadership of the organization, owing to the existing gaps that manifest in the knowledge of educational managers, thereby reducing substantive higher education executive head to a titular head or at best ceremonial heads. -/- This book brings together articles and chapters to be published in these directions by researchers, policy makers and practitioners to re-inform, reeducate and reorient higher educational managers on their job expectations. The volume also offers a rich and relevant literature of the dynamic state of higher education in global perspective. While this publication will be freely available online, the essays in this volume are carefully selected and they will provide a basis for thematic and analytical perspectives on the concerns of management of contemporary higher education systems. -/- The book is divided into twelve thematic sections with each addressing the demands of its Kernel, as it is reflected in Historical development of higher education systems and its organs, Gloabilization of higher education, Internationalization and the labour market, Funding of higher education systems, Proliferations of higher education systems, Corruption in higher education systems and the deterioration of its estate, Internationalization and massification, Politics and leadership in higher educational systems, Academic freedom and access to higher education, Academic planning and affiliation relationship of higher education systems, Conflict management in higher education systems, Research and training in higher education systems and Inclusivity in higher education. -/- Another striking feature of this book is in its efforts at globalizing the curriculum of management of higher education and providing opportunity for scholars with different shades of opinion even on same issues but from different perspectives with the hope that it will guarantee overall effectiveness in the management of higher education systems. I recommemd this book to all with passion for the management of diferentiated higher education systems, and invite you to this intellectual feast prepared so deliciously like a meal for the gods. -/- Finally, let me reflect on what may appears to be an aberration in this context, by appreciating all authors who had found time to respond to this academic calling by their various chapter contributions. This singular act is in itself enough justification as show of interest and further demonstration of your continuous determination to address gaps in Nigerian educational landscape. Similarly, my gratitude is equally extended to all members of my editorial team for their thoughtfulness and very constructive criticisms which have shaped these scholarly presentations thereof. May the Almighty God continue to enrich the contents of your cerebrum most intellectually, for the benefit of man but to His glory. -/- The PDF contains just the preliminary pages of the book. You can order the full copy of the book by contacting the editor-in-chief, Professor John A. Undie, FNAEAP, KSM. (shrink)

Frege’s claim that proper names have senses has come to seem untenable following Kripke’s argument that names are rigid designators. It is commonly thought that if names had senses, their referents would vary with circumstances of evaluation. The article defends Frege’s claim by arguing that names have word-reflexive senses. This analysis of names’ senses does not violate Kripke’s noncircularity condition, and it differs crucially from related views of Bach and Katz. That names have reflexive senses confirms Frege’s own solution to (...) his puzzle about the content of identity sentences, solves Kripke’s Pierre and Peter puzzles about belief ascription, and entails that bearerless names have meanings. Furthermore, names’ having reflexive senses explains why they designate rigidly. (shrink)

It is generally accepted that Mill’s classification of names as nonconnotative terms is incompatible with Frege’s thesis that names have senses. However, Milldescribed the senses of nonconnotative terms—without being aware that he was doing so. These are the senses for names that were sought in vain by Frege. When Mill’s and Frege’s doctrines are understood as complementary, they constitute a fully satisfactory theory of names.

Traces of many past events are often layered or superposed, in brain, body, and world alike. This often poses challenges for individuals and groups, both in accessing specific past events and in regulating or managing coexisting emotions or attitudes. We sometimes struggle, for example, to find appropriate modes of engagement with places with complex and difficult pasts. More generally, there can appear to be a tension between what we know about the highly constructive nature of remembering, whether it is drawing (...) on neural or worldly resources or both, and the ways that we need and use memory to make claims on the past, and to maintain some appropriate causal connections to past events. I assess the current state of work on situated affect and distributed memory, and the recent criticisms of the ‘dogma of harmony’ in these fields. I then deploy these frameworks to examine some affective dimensions of place memory, sketching a strongly distributed conception of places as sometimes partly constituting the processes and activities of feeling and remembering. These approaches also offer useful perspectives on the problems of how to engage – politically and aesthetically – with difficult pasts and historically burdened heritage. In assessing artistic interventions in troubled places, we can seek responsibly to do justice to the past while fully embracing the dynamic and contested constructedness of our present emotions, memories, and activities. (shrink)

Miranda Fricker's original presentation of Hermeneutical Injustice left open theoretical choice points leading to criticisms and subsequent clarifications with the resulting dialectic appearing largely verbal. The absence of perspicuous exposition of hallmarks of Hermeneutical Injustice might suggest scenarios exhibiting some – but not all – such hallmarks are within its purview when they are not. The lack of clear hallmarks of Hermeneutical Injustice, moreover, obscures both the extent to which Fricker's proposed remedy Hermeneutical Justice – roughly, virtuous communicative practices (...) – adequately addresses the injustice, and the accuracy of criticisms suggesting that Hermeneutical Justice is insufficient to the task. In what follows, after briefly defending necessary and sufficient conditions for what I take to be the best candidate interpretation of Hermeneutical Injustice, I build on recent work on moral responsibility to construct and defend a rigorous explication of Hermeneutical Justice. (shrink)

This article argues that access to meaningful sexual experience should be included within the set of the goods that are subject to principles of distributive justice. It argues that some people are currently unjustly excluded from meaningful sexual experience and it is not implausible to suggest that they might thereby have certain claim rights to sexual inclusion. This does not entail that anyone has a right to sex with another person, but it does entail that duties may be imposed (...) on society to foster greater sexual inclusion. This is a controversial thesis and this article addresses this controversy by engaging with four major objections to it: the misogyny objection; the impossibility objection; the stigmatisation objection; and the unjust social engineering objection. (shrink)

Suppose we are about to enter an era of increasing technological unemployment. What implications does this have for society? Two distinct ethical/social issues would seem to arise. The first is one of distributive justice: how will the efficiency gains from automated labour be distributed through society? The second is one of personal fulfillment and meaning: if people no longer have to work, what will they do with their lives? In this article, I set aside the first issue and focus (...) on the second. In doing so, I make three arguments. First, I argue that there are good reasons to embrace non-work and that these reasons become more compelling in an era of technological unemployment. Second, I argue that the technological advances that make widespread technological unemployment possible could still threaten or undermine human flourishing and meaning, especially if they do not remain confined to the economic sphere. And third, I argue that this threat could be contained if we adopt an integrative approach to our relationship with technology. In advancing these arguments, I draw on three distinct literatures: the literature on technological unemployment and workplace automation; the antiwork critique—which I argue gives reasons to embrace technological unemployment; and the philosophical debate about the conditions for meaning in life—which I argue gives reasons for concern. (shrink)

This chapter starts from the claim that the state is plagued with problems of political short-termism: excessive priority given to near-term benefits at the expense of benefits further in thefuture. One possible mechanism to reduce short-termism involves apportioning greater relative political influence to the young, since younger citizens generally have greater additional life expectancy than older citizens and thus it looks reasonable to expect that they have preferences that are extended further into the future. But the chapter shows that this (...) is unlikely to make states significantly less short-termist: no empirical relationship has been found between age and willingness to support long-termist policies. Instead, the chapter proposes a more promising age-based mechanism. States should develop youth citizens’ assemblies that ensure accountability to future generations through a scheme of retrospective accountability. (shrink)

There is a great deal that might be said about justice in property claims. The strategy that I shall employ focuses attention upon the initial acquisition of property -- the most sensitive and most interesting area of property theory. Every theory that discusses property claims favorably assumes that there is some justification for transforming previously unowned resources into property. It is often this assumption which has seemed, to one extent or another, to be vulnerable to attack by critics of (...) particular justifications of property. Nevertheless, this assumption is frequently left undefended by property theorists, and where it is defended, the defense is often remarkably weak. That some initial claim to property be defensible is required by any theory which holds that certain present distributions may be justified, that certain transfers of property are justified, or that restitution ought to be made for previous injustice in transfer or acquisition. The initial acquisition of property, and its justification, is crucial to the remainder of property theory. (shrink)

Cosmic Justice Hypotheses. -/- This applied-logic lecture builds on [1] arguing that character traits fostered by logic serve clarity and understanding in ethics, confirming hopeful views of Alfred Tarski [2, Preface, and personal communication]. Hypotheses in one strict usage are propositions not known to be true and not known to be false or—more loosely—propositions so considered for discussion purposes [1, p. 38]. Logic studies hypotheses by determining their implications (propositions they imply) and their implicants (propositions that imply them). Logic (...) also studies hypotheses by seeing how variations affect implications and implicants. People versed in logical methods are more inclined to enjoy working with hypotheses and less inclined to dismiss them or to accept them without sufficient evidence. Cosmic Justice Hypotheses (CJHs), such as “in the fullness of time every act will be rewarded or punished in exact proportion to its goodness or badness”, have been entertained by intelligent thinkers. Absolute CJHs, ACHJs, imply that it is pointless to make sacrifices, make pilgrimages, or ask divine forgiveness: once acts are done, doers must ready themselves for the inevitable payback, since the cosmos works inexorably toward justice. Ceteris Paribus CJHs, CPCJHs, on the other hand, such as “in the fullness of time every act will be rewarded or punished in exact proportion to its goodness or badness—other things being equal”, leave room for exceptions. For example, some people subscribing to Ceteris Paribus CJHs think that certain bad acts can be performed with impunity as long as certain procedures are carried out previous to, or simultaneous with, or even after the acts. Belief Ceteris Paribus CJHs has been exploited by unscrupulous “spiritual leaders” who claim to have power to grant exceptions. In opposition to belief in CPCJHs are CJHs that hold belief in CPCJHs to be inherently wrong and subject to punishment. Other variants of CJHs are Cumulative Cosmic Justice Hypotheses, such as “in the fullness of time every person will be rewarded or punished in exact proportion to the net goodness or badness of their acts”. Still other variants include the Hereditary Cumulative Cosmic Justice Hypotheses, such as “in the fullness of time every person will be rewarded or punished in exact proportion to the net goodness or badness of their ancestors’ acts”. [1] JOHN CORCORAN, Inseparability of Logic and Ethics, Free Inquiry, S. 1989, pp. 37–40. [2] ALFRED TARSKI, Introduction to Logic, Dover, 1995. (shrink)

This essay takes logic and ethics in broad senses: logic as the science of evidence; ethics as the science justice. One of its main conclusions is that neither science can be fruitfully pursued without the virtues fostered by the other: logic is pointless without fairness and compassion; ethics is pointless without rigor and objectivity. The logician urging us to be dispassionate is in resonance and harmony with the ethicist urging us to be compassionate.

There is more responsibility on heaven and earth than dreamt of in most philosophy. This dissertation explores three debates in three sub-fields of philosophy, highlighting in each responsibilities agents find themselves with whether they like it or not. In the chapter "Trust Logic, Not Tortoises", I propose an answer to Wright’s Justification Question – to what extent are we justified in our knowledge of logic? – arguing early knowledge of logic is a species of know-how underwritten by dispositions to infer (...) that are themselves often refined into more sophisticated dispositions to infer as we develop. Given how foundational such know-how is to our understanding of the world, we find ourselves responsible for cultivating more sophisticated reasoning, whatever its provenance. In the chapter Ties that Undermine, I argue attributions to an agent of moral responsibility are largely influenced by the perceived rareness of that agent's ability to provide aid or prevent harm, degree of aid provided or harm prevented, and cost to that agent in providing aid or preventing harm. Voluntary adoption of such moral responsibility is not necessary for an agent to be morally responsible. I generalize this result to the epistemic domain in the chapter Speak No Evil: Understanding Hermeneutical (In)justice, arguing attributions to an agent of epistemic responsibility are also influenced by the perceived rareness of that agent's ability to generate true beliefs in themselves and others, extent of benefit provided and harm prevented by having such true beliefs, and cost to that agent in generating such true beliefs. Here, we see voluntary adoption of such epistemic responsibility is not necessary for an agent to be epistemically responsible. By exploring the relevance of such responsibility to three distinct debates in three distinct sub-fields of philosophy, this dissertation highlights how pervasive responsibility is to the lives of agents, and the work of philosophers. (shrink)

The present work is to be a critique of Rawls’ Veil of Ignorance as well as putting forth an alternative analytical tool when constructing societies known as the L’echelle Naturelle. My paper hopes to argue that inequalities in a society are not only essential in society contrary to Rawls’ Egalitarian ideology, but do in fact contain equality so long as the autonomy of the citizen is fully exercisable. I contend that institutions such as government and their extensions namely the law, (...) have debilitated the exercisability of autonomy. The consequence of that is an artificial hierarchy monopolized by a minority rather than a natural hierarchy where every citizen is a means unto themselves. The phenomenon of a natural hierarchy that is made possible by unchained autonomy is what the L’echelle Naturelle hopes to expound upon in the forthcoming work. (shrink)

In The Libertarian Idea, Jan Narveson explains his interpretation of social contract theory this way: "The general idea of this theory is that the principles of morality are (or should be) those principles for directing everyone's conduct which it is reasonable for everyone to accept. They are the rules that everyone has good reason for wanting everyone to act on, and thus to internalize in himself or herself, and thus to reinforce in the case of everyone." It is plain, here, (...) that Narveson believes that social contract is to provide justification -- a foundation, in fact -- for 'the principles of morality'. The burden assumed in this essay is to examine how far Narveson has succeeded in making this foundational claim plausible. (shrink)

The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should not be so suspicious (...) of lie detection evidence if it has comparative advantages over the epistemic methods currently utilised by the legal system. In this article, I add to this growing support by making a novel comparative advantage argument in favour of brain-based lie detection evidence. The argument focuses on the P300 concealed information test (P300 CIT), which has several unique properties, and on the effect it may have on pre-trial bargaining in criminal cases rather than in-court evidence. The thesis is that P300 CIT could allow for innocent defendants to credibly signal their innocence to investigators and prosecutors during pre-trial bargaining more effectively than current proposed methods for doing the same thing. I defend this argument from a number of objections, and suggest that it opens up an interesting avenue in the ongoing debate about the merits of this technology. Although the argument is presented with the criminal law in mind, it could form part of a more general cumulative case in favour of this technology. (shrink)

A viable theory of literary humanism must do justice to the idea that literature offers cognitive rewards to the careful reader. There are, however, powerful arguments to the effect that literature is at best only capable of offering idle visions of a world already well known. In this essay I argue that there is a form of cognitive awareness left unmentioned in the traditional vocabulary of knowledge acquisition, a form of awareness literature is particularly capable of offering. Thus even (...) if it is the case that literature has nothing interesting to give us in the way of knowledge, the literary humanist can consistently maintain that literary experience is thoroughly cognitive. (shrink)

A Inseparabilidade entre Lógica e a Ética. Philósophos. 18 (2013) 245–259. Portuguese translation by Décio Krause and Pedro Merlussi: The Inseparability of Logic and Ethics, Free Inquiry, Spring 1989, 37–40. This essay takes logic and ethics in broad senses: logic as the science of evidence; ethics as the science of justice. One of its main conclusions is that neither science can be fruitfully pursued without the virtues fostered by the other: logic is pointless without fairness and compassion; ethics is (...) pointless without rigor and objectivity. The logician’s advice to be dispassionate is in resonance and harmony with the ethicist’s advice to be compassionate. (shrink)

Many philosophers conceive of freedom as non-interference. Such conceptions unify two core commitments. First, they associate freedom with non-constraint. And second, they take seriously a distinction between the interpersonal and the non-personal. As a result, they focus our attention exclusively on constraints attributable to other people’s choices – that is, on interference. I argue that these commitments manifest two distinct concerns: first, for a wide range of options; and second, for other people’s respect. However, construing freedom as non-interference unifies these (...) concerns in a way that does justice to neither. In particular, it focuses our attention on phenomena that are at best tangential, and at worst hostile, to our interest in respect. If we wish to preserve the distinctive significance of the interpersonal, we would be better served by a conception of freedom that focuses immediately on what I call "the social conditions of respect.". (shrink)

commissioned for the Stern Review of the Economics of Climate Change.

According to Rawls, a just society is one that one would choose to belong to if one knew nothing as to what one's position in that society would be and if one knew nothing as to one's gender, ethnicity, intelligence-level, or other such status-relevant parameters. Such a society would be a squalid bureaucratic wasteland, similar to the Soviet Union, and its entire structure would be a weapon for the mediocre to hold back the gifted, with the result that people as (...) a whole, including the mediocre, would be prevented from flourishing. There is obviously a sense in which the social contract described by Rawls is "fair", but there is no meaningful sense in which the resulting society would be just. Moreover, since a Rawlsian society would quickly degenerate into a condition of bureaucratic tyranny, in which everybody oppressed everybody, it would be irrelevant that its inception occurred in a "fair" way. Several vigorous attempts to create and run societies along Rawlsian lines have been implemented, and they all failed utterly, showing how wrong Rawls' analysis is. (shrink)

Early modern critics of materialism (and of associated doctrines like determinism and mechanism) sometimes employed a transcendental argument form. If materialism were true, then some valuable feature of reality could not exist; but that feature does exist; therefore materialism is false. Depending on current context and concerns, the valuable 'X' in question might be God, the soul, hell, objective morality, free will, conscience, truth, knowledge, social order, or justice and the law: all, in the critics' eyes, obvious and unchallengeable (...) realities which materialism would, impossibly, extinguish.1 As David Hawkes notes in his delightfully provocative essay, it is because Hell is so manifestly real, in both the play and its world, that Faustus manifestly refutes himself in telling Mephistopheles that it is a fable. The success of such transcendental arguments relies on the truth of both their premises: Hell really must exist, and Faustus's materialism must really be incompatible with its existence. Hawkes celebrates early modern moralists who focussed on the alleged worldly and carnal roots and consequences of 'philosophical materialism', who attacked its proponents as villainous, self-interested, and depraved. (shrink)

This paper argues that juridification has become the enemy of legality. By 'juridification' is meant the proliferation of legal norms and legally recognized norms. By legality is meant conformity with the ideal of the rule of law. The paper begins with the most obvious ways in which juridification threatens legality. Too much law makes the law on any subject hard to discover, hard to remember, and hard to follow. It also makes us too dependent on the discretion of petty officials, (...) who are therefore not sufficiently constrained by law. But the paper looks beyond the discretion of petty officials and argues that, in a way, the biggest threat to legality of our age comes from the proliferation of contractual norms, and the increasing diversion of contractual dispute-resolution into arbitration (and other ADR processes). The paper argues that those who rely on the law to recognise contracts should be subjected to an non-excludable jurisdiction of the courts in respect of all questions of law arising under those contracts, including their proper legal meaning. A compulsory arbitration clause, in other words, should be valid only subject to extensive judicial review of the arbitrator’s decisions. It is argued that contractual arbitration (and other ADR) that does not meet this condition is free-riding on the work of courts and professional lawyers, and should be regarded as antisocial – and that this is true even when it does more perfect justice between the parties. (shrink)

In this article, we aim to map out the complexities which characterise debates about the ethics of vaccine distribution, particularly those surrounding the distribution of the COVID-19 vaccine. In doing so, we distinguish three general principles which might be used to distribute goods and two ambiguities in how one might wish to spell them out. We then argue that we can understand actual debates around the COVID-19 vaccine – including those over prioritising vaccinating the most vulnerable – as reflecting disagreements (...) over these principles. Finally, we shift our attention away from traditional discussions of distributive justice, highlighting the importance of concerns about risk imposition, special duties, and social roles in explaining debates over the COVID-19 vaccine. We conclude that the normative complexity this article highlights deepens the need for decision-making bodies to be sensitive to public input. (shrink)

The other major question in the history of political philosophy besides the issue of distributive justice is what the best form of government is. In Western philosophy, the received view is democracy. However, this paper challenges this thesis by presenting arguments against democracy relying in significant part on empirical data from political science and political psychology. Moreover, it presents a general case for a hybrid view over democracy for the legislative and executive branches that appends a meritocracy or rule (...) by the merited from Eastern philosophy to democracy. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...) conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

Everyone will agree that education ought to prepare young people to lead a meaningful life, but there are different ways in which this notion can be understood. A religious interpretation has to be distinguished from the secular one on which this paper focuses. Meaningfulness in this non-religious sense is a necessary condition of a life of well-being, having to do with the nesting of one’s reasons for action within increasingly pervasive structures of activity and attachment. Sometimes a life can seem (...) meaningless when it is not so in fact. In more extreme cases it may in fact be to some extent meaningless. Equipping young people for a meaningful life is a worthwhile, but not all-important educational aim. Educators should help them not only to see their lives as meaningful but also to lead lives that <are> meaningful. This involves continuous engagement in the nesting of reasons mentioned above. Where autonomy is also an aim, temperamental attunement to possible options – rather than exposure to all possible options – and time to explore them are important considerations. Questions arise here both about social justice and about whether current school curriculum and timetabling arrangements help or hinder pupils in living a meaningful life. (shrink)

This essay seeks to acknowledge the unsettling reality of children being intentionally maimed towards disability and disfigurement as economic commodity. The issue is easily invisibilized in modern education, and understandably so: the trauma triggered by these bloody realities can automatically disqualify the content for formal in school education as a form of “unwelcome truth”. Freire and Fanon, however, did not shy away from the horrific state of life for the oppressed and the wretched in their consideration of pedagogy. The lived (...) experience of maimed children is tragic, but it is lived experience nonetheless – acknowledged by hooks as “a way of knowing that coexists in a non-hierarchical way with other ways of knowing” (2014). In other words, this knowledge exists but is arguably not mobilized by society towards action. Critical consciousness, upheld by Freire as the key to seeing inequality to act upon it, is a goal beyond reach for the maimed children themselves. Here, we consider the extension proposed by Nicholls (2011), who discusses pedagogy of the privileged as an equally important parallel towards collaborative action against long-standing inequalities. In the context of these children having minimal access to education, we contend that privileged students must be the ones to carry forth the knowledge towards their own critical consciousness. Specifically, we explore what acknowledging children who are maimed could offer towards pedagogy, in relation to helping students to 1) minimize the act of “othering” in a global community; 2) reconsider the role of mass-media and media literacy in their critical consciousness; and 3) move away from surface-level, performative charity against societal inequalities. (shrink)

Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...) on justice, informed by Hart’s professional knowledge of Plato and Aristotle and the tradition of civilized thought about justice, thought which he sums up like this: “the general principle latent in [the] diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality.” “Hence”, he goes on, “[the] leading precept [of justice] is often formulated as ‘Treat like cases alike’; though we need to add … ‘and treat different cases differently’”. This article will say something about three aspects of this vast topic: (i) about the factual basis and normative grounds of equality; (ii) about the proposed principle of equal concern; and (iii) about laws and social policies that pursue equality by selective prohibition of direct and indirect discrimination, and of harassment or vilification, victimisation and offence. (shrink)

The foundations of research ethics are riven with fault lines emanating from a fear that if research is too closely connected to weighty social purposes an imperative to advance the common good through research will justify abrogating the rights and welfare of study participants. The result is an impoverished conception of the nature of research, an incomplete focus on actors who bear important moral responsibilities, and a system of ethics and oversight highly attuned to the dangers of research but largely (...) silent about threats of ineffective, inefficient, and inequitable medical practices and health systems. -/- In For the Common Good: Philosophical Foundations of Research Ethics, Alex John London defends a conception of the common good that grounds a moral imperative with two requirements. The first is to promote research that generates the information necessary to enable key social institutions to effectively, efficiently, and equitably safeguard the basic interests of individuals. The second is to ensure that research is organized as a voluntary scheme of social cooperation that respects its various contributors' moral claims to be treated as free and equal. Connecting research to the goals of a just social order grounds a framework for assessing and managing research risk that reconciles these requirements and justifies key oversight practices in non-paternalistic terms. Reconceiving research ethics as resolving coordination problems and providing credible assurance that these requirements are being met expands the issues and actors that fall within the purview of the field and provides the foundation for a more unified and coherent approach to domestic and international research. -/- This is an open access title available under the terms of a CC BY-NC-ND 4.0 license. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. (shrink)

There are unusual challenges in ethics for RAS. Perhaps the issue can best be summarised as needing to consider “technically informed ethics”. The technology of RAS raises issues that have an ethical dimension, and perhaps uniquely so due to the possibility of moving human decision-making which is implicitly ethically informed to computer systems. Further, if seeking solutions to these problems – ethically aligned design, to use the IEEE’s terminology – then the solutions must be technically meaningful, capable of realisation, capable (...) of assurance, and suitable as a basis for regulation. Thus, ethics for RAS is a rich, complex multi-disciplinary concern, and perhaps more complex than many other ethical issues facing society today. It is also fast-moving. This paper has endeavoured to give an accessible introduction to some of the key issues, noting that many of them are quite subtle, and it is not possible to do them full justice in such a short document. However, we have sought to counterbalance this by giving an extensive list of initiatives, standards, etc. that focus on ethics of RAS and AI, see Annex A. (shrink)

What would be a fair model for flood insurance? Catastrophic flooding has become increasingly frequent in the UK and, with climate change, is likely to become even more frequent in the future. With the UK's current flood insurance regime ending in 2013, we argues that: -/- - there is an overwhelming case for rejecting a free market in flood insurance after 2013; - this market-based approach threatens to leave many thousands of properties uninsurable, leading to extensive social blight; - there (...) are a number of possible flood insurance models that would be fairer and more sustainable. -/- We outline three approaches to 'fairness' in flood insurance, and argues that the second and third of these would be the most 'solidaristic' – i.e. those at lower risk of flooding would contribute to the support of people at higher risk: -/- 'pure actuarial fairness' – insurance costs directly reflect the level of risk faced by individuals; 'choice-sensitive fairness' – insurance costs should reflect only those risks that result from each individual's choices; 'fairness as social justice' – insurance should be provided independently of individuals' risks and choices when covering basic requirements of social justice. (shrink)

Placebo-trials on HIV-infected pregnant women in developing countries like Thailand and Uganda have provoked recent controversy. Such experiments aim to find a treatment that will cut the rate of vertical transmission more efficiently than existing treatments like zidovudine. This scenario is first stated as generally as possible, before three ethical principles found in the Belmont Report, itself a sharpening of the Helsinki Declaration, are stated. These three principles are the Principle of Utility, the Principle of Autonomy and the Principle of (...) Justice. These are taken as voices of moral imperative. But although each has intuitive appeal, it can be shown that there are possible scenarios in which they give conflicting prescriptions. To achieve consistency, one must be subordinate to the others. The voice of utility is taken as subordinate to those of justice and autonomy and it is shown that given plausible assumptions about the level of poverty and education in the developing country targeted, the experiment is ruled morally wrong in the name of both justice and autonomy. Moreover, it is argued that no justification can be found for the inclusion of a placebo group, when strictly defined. By contrast, a ‘no- treatment’ control arm might be justified, but only when the demands of autonomy are satisfied, demands that are more stringent than they might appear. A utilitarian defence of the experiment is examined, namely that the would-be participants are in a no-loss situation, and it is shown that this defence is seriously flawed. Finally, it is concluded that there is no justification for amending the Declaration of Helsinki. (shrink)

The British government's current educational policy for England draws on E.D. Hirsch's writings on 'cultural literacy'. This paper aims to uncover the roots of Hirsch’s influential views through a genealogical critique. Hirsch admired the Scottish Enlightenment educator Hugh Blair as a model architect of a hegemonic culture to unite disparate members of a nation. Following Hirsch, the government Department for Education in England called for ‘shared appreciation of cultural reference points’ and ‘a common stock of knowledge on which all can (...) draw and trade’. Consequently, the literature curriculum in England increasingly disenfranchises a significant component of the population in terms of both gender and cultural heritage. Recent ‘culture wars’ have highlighted the legacy of colonialism and have led educators to decolonise the curriculum and prioritise social justice. Continuing racism within civil society demonstrates the need for a general recognition that cultures are desirably diverse and internally plural. (shrink)

This is an English translation of Waldenfels' German essay: Equality and inequality are basic elements of law, justice and politics. Equality integrates each of us into a common sphere by distributing rights, duties and chances among us. Equality turns into mere indifference as far as we get overintegrated into social orders. When differences are fading away experience loses its relief and individuals lose their face. Our critical reflections start from the inevitable paradox of making equal what is not equal. (...) In various ways they refer to Nietzsche’s concept of order, to Marx’s analysis of money, to Lévinas’s ethics of the Other, and to novelists like Dostoevsky and Musil. Our critique turns against two extremes, on the one hand against any sort of normalism fixed on functioning orders, on the other hand against any sort of anomalism dreaming of mere events and permanent ruptures. Responsive phenomenology shows how we are confronted with extraordinary events. Those deviate from the ordinary and transgress its borders, without leaving the normality of our everyday world behind. The process of equalizing moves between the ordinary and the extraordinary. What makes the difference and resists mere indifference are creative responses which are to be invented again and again. (shrink)

This paper defends “Animal Universalism,” the thesis that all sentient non-human animals will be brought into Heaven and remain there for eternity. It assumes that God exists and is all-powerful, perfectly loving, and perfectly just. From these background theses, the authors argue that Animal Universalism follows. If God is perfectly loving, then God is concerned about the well-being of non-human animals, and God chooses to maximize the well-being of each individual animal when doing so does not harm other individual creatures (...) or violate creaturely freedom. If God is perfectly just, then God does not arbitrarily discriminate against non-human animals by offering humans an opportunity to enter Heaven but not offering the same to each animal. Each of these conclusions implies Animal Universalism. (shrink)

This work, in English "Struggle for power, organic crisis and judicial independence", has its origin in research academics of the IAEN carried out to provide expert advise to the Inter American Court of Human Rights in the case Quintana and others (Supreme Court of Justice) vs the State of Ecuador. The research is about the nature of the evolution of the ecuadorian state, the dynamics of its institutions, its players, parties, laws, its factors of instability, the way rights have (...) been deployed since the return to democracy in 1979, those who have benefited from neoliberal democracy and those who have paid the costs, and where in all this was the Supreme Court of Justice. The Introduction takes a look at this origin of the work and its intellectual import, provides a brief characterization of the Inter American Sistem of Human Rights Protection, how the Quintana Case fits within it, and an overview of the chapters and their logic. The first chapter analyzes the institutional and sociological factors that have contributed to Ecuador's historically unstable state, based primarily in an antagonistic struggle for power between the Executive and Legislative branches. The second chapter analyzes the economic and political factors that provoked an organic crisis, or crisis of hegemony, between 1997 and 2007 in Ecuador. The third chapter analyzes the evolution of the way in which judges are selected in Europe, the outcomes they have generated, and how they compare with the ecuadorian systems of judge selection in terms of securing judicial independence. The fourth chapter develops a theory of judicial independence in democracy and analyzes how Ecuador measures up to that standard, from when it became a neoliberal minimal democracy in 1981, to when it became a neoliberal false democracy as a consequence of instalation of a system evidently lacking in the people's support under the guise of the 1998 Constitution and its system of judge selection, and the new democratic horizons set by the 2008 Constitution, and the judicial system that springs from it. (shrink)

Some people are multi-billionaires; others die because they are too poor to afford food or medications. In many countries, people are denied rights to free speech, to participate in political life, or to pursue a career, because of their gender, religion, race or other factors, while their fellow citizens enjoy these rights. In many societies, what best predicts your future income, or whether you will attend college, is your parents’ income. -/- To many, these facts seem unjust. Others disagree: even (...) if these facts are regrettable, they aren’t issues of justice. A successful theory of justice must explain why clear injustices are unjust and help us resolve current disputes. -/- John Rawls (1921-2002) was a Harvard philosopher best known for his A Theory of Justice (1971), which attempted to define a just society. Nearly every contemporary scholarly discussion of justice references A Theory of Justice. This essay reviews its main themes. (shrink)

My aim in this chapter is to place John Stuart Mill’s distinctive utilitarian political philosophy in the context of the debate about luck, responsibility, and equality. I hope it will reveal the extent to which his utilitarianism provides a helpful framework for synthesizing the competing claims of luck and relational egalitarianism. I attempt to show that when Mill’s distributive justice commitments are not decided by direct appeal to overall happiness, they are guided by three main public principles: an (...) impartiality principle, a sufficiency principle, and a merit principle. The question then becomes how luck and relational considerations figure into his articulation of these public principles. I argue that relational egalitarianism is more fundamental than considerations of luck and responsibility in Mill’s thought, but I also hope to show that any fleshed out picture of Mill’s reform proposals must recognize his condemnation of the role luck plays in determining the distribution of opportunities and outcomes. (shrink)

Review of John Tomasi's Liberalism Beyond Justice: Citizens, Society, and the Boundaries of Political Theory .

The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of (...) natural law and justice of actions – orders and prohibitions are secondary in respect to these relations. An aim of just law (and natural law) is not preservation or restoration of abstractly understood moral order based on norms – orders and prohibitions) but integral development (good) of a person – a being possessing dignity. John Paul’s II philosophy of law takes advantage primarily of Thomas Aquinas’ approach to law and combines it with constructions which are typical for modern human rights protection. John Paul’s II conception of natural law is anthropocentric and bases on subjective rights thinking. Human dignity and human rights which derive from it provide basic criteria for the justice of law. Human rights as subjective rights disclose natural law which is understood as a set of goods for a human person. These goods are ends of actions and as such they determine actions and their forms. This point of view is compatible with Aquinas’ definition: “law is nothing but a rational plan of operation, and … the rational plan of any kind of work is derived from the end” (Summa contra gentiles, lib. 3, cap. 114, n. 5). -/- Positive (human) law which is not just has no normative power in this sense that it does not in itself provide reasons for concrete actions of a concrete actor. Sometimes there are moral reasons for following unjust law, however if its norm prescribes actions which are wrong in themselves (internally wrong) there is moral obligation to act contrary to such a legal norm. -/- Zasadniczym przedmiotem opracowania jest filozoficzna refleksja Jana Pawła II nad sprawiedliwością prawa stanowionego. Analizy przebiegają od zagadnienia antropologicznych podstaw sprawiedliwości poprzez problematykę działań realizujących sprawiedliwość do zagadnienia sprawiedliwości prawa stanowionego. Opracowanie zamykają uwagi wskazujące na kontekst teologiczny istotny dla problematyki sprawiedliwości, którego analiza wykracza jednak poza podjęte zamierzenie koncentrujące się na problematyce filozoficznoprawnej. Argumentuje się, że u podstaw tej refleksji leży namysł nad relacją człowieka do dobra, która stanowi ontologiczną podstawę prawa naturalnego i sprawiedliwości – nakazy i zakazy są wtórne wobec tej relacji. Celem prawa i sprawiedliwości jest dobro konkretnego, obdarzonego godnością człowieka, a nie np. przywracanie abstrakcyjnie pojętego porządku moralnego. Od strony konstrukcji teoretycznej, filozofia prawa Jana Pawła II jest osadzona przede wszystkim na koncepcji Tomasza z Akwinu łączonej z konstrukcjami typowymi dla współczesnej ochrony praw człowieka. To w godności i wynikających z niej prawach człowieka poszukiwać trzeba zasadniczych treściowych kryteriów sprawiedliwości prawa. Prawa człowieka jako prawa podmiotowe są podstawowym wyrazem prawa naturalnego, stanowiącego ontyczną podstawę sprawiedliwości i które pojmowane jest jako zespół dóbr dla osoby, zatem i celów kształtujących działanie. Perspektywa pojmowania prawa naturalnego jest antropocentryczna. Prawo stanowione, które nie jest sprawiedliwe, nie ma „mocy prawa”, przede wszystkim w takim sensie, że nie stanowi samo w sobie racji działania. Niekiedy, ze względów moralnych, niesprawiedliwe prawo wymaga posłuszeństwa. Jeśli jednak prawo stanowione daje uprawnienia do czynów wewnętrznie złych i nakazuje takie czyny, to nie tylko nie obowiązuje w sumieniu i nie jest racją działania, ale obowiązkiem jest postępowanie wbrew takiemu prawu. (shrink)

Many scholars have argued that the Protestant Reformation generally departed from virtue ethics, and this claim is often accepted by Protestant ethicists. This essay argues against such discontinuity by demonstrating John Calvin’s reception of ethical concepts from Augustine and Aristotle. Calvin drew on Augustine’s concept of eudaimonia and many aspects of Aristotle’s Nicomachean Ethics , including concepts of choice, habit, virtue as a mean, and the specific virtues of justice and prudence. Calvin also evaluated the problem of pagan (...) virtue in light of traditional Augustinian texts discussed in the medieval period. He interpreted the Decalogue as teaching virtue, including the cardinal virtues of justice and temperance. Calvin was not the harbinger of an entirely new ethical paradigm, but rather a participant in the mainstream of Christian thinkers who maintained a dual interest in Aristotelian and Augustinian eudaimonist virtue ethics. (shrink)

School boosters are tax-exempt organizations that engage in fundraising efforts to provide public schools with supplementary resources. This paper argues that prevailing forms of school boosting are defeasibly unjust. Section 1 shows that inequalities in public education funding in the United States violate John Rawls’s two principles of domestic justice. Section 2 argues that prevailing forms of school boosting exacerbate and plausibly perpetuate these injustices. Section 3 then contends that boosting thereby defeasibly violates Rawlsian principles of nonideal theory (...) for rectifying injustice. Thus, boosting should be presumptively either made illegal or substantially reformed. Finally, Section 4 responds to potential objections. (shrink)

The urgent importance of dealing with the climate crisis has led some influential theorists to argue that at least some demands for justice must give way to pragmatic and strategic considerations. These theorists (Cass Sunstein, Eric Posner, and David Weisbach, all academic lawyers, and John Broome, an academic philosopher) contend that the failures of international negotiations and other efforts to change economic policies and practices have shown that moral exhortations are worse than ineffective. Although Broome's position is similar (...) in these respects to that of Sunstein, Posner and Weisbach, it differs in other important respects, including his understanding of the idea of justice, his disagreement with the policy approach (which he calls "efficiency with sacrifice") favored by the economists Nicholas Stern and William Nordhaus, and his proposal for establishing a new international financial institution, a World Climate Bank, in addition to putting a price on carbon. Elsewhere I offer a critical analysis of the position taken by Posner and Weisbach in their book, Climate Change Justice. Their arguments against allowing principles of distributive justice (narrowly understood) to constrain treaty negotiations fail to rule out the principles of John Rawls' Law of Peoples (which is a conception of the moral basis of a just international order, including states' obligations to secure basic human rights for all). Therefore their arguments against shaping climate treaties to reflect any principles of justice do not succeed in supporting their position. Here I offer a critical analysis of Broome's position. I raise and discuss objections to Broome's proposal for a WCB, and I argue that the continued relevance of these objections is contingent on how the proposal for a WCB may get developed. (shrink)

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive (...) justice. On Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

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 – the “original position” – to argue for principles of justice. §2 explains how Mulgan uses a variation of Rawls’ original position – a broken original position – to argue that justice as fairness requires a “fair survival lottery” in a broken world. §3 shows that the parties to a broken original position have reasons not to agree to such a survival lottery. §4 then shows that Mulgan’s argument hangs upon a false assumption: that there are no viable options to adopt in a broken world besides some kind of survival lottery. Finally, §5 shows that the parties to a broken original position would instead rationally agree to a scheme of equal rights and opportunities to earn or forfeit shares of scarce resources on the basis of each person’s comparative contribution to human survival. (shrink)

John Rawls A Theory of Justice har haft ett monumentalt inflytande på den moderna politiska filosofin. Jag försöker här genom några nedslag i den nutida diskussionen förmedla en bild av detta inflytande, och av bokens fortsatta filosofiska relevans. Jag inleder med en kort presentation av huvuddragen i Rawls rättviseteori. Efter det går jag igenom, och bemöter, kritiken mot idealteori. Jag diskuterar sedan förhållandet mellan rättvisa och ekonomisk ojämlikhet, och förklarar varför teorin är radikalare än vad många kritiker insett. (...) Slutligen går jag igenom hur en kontraktsteori av detta slag kan hantera frågan om rättvisa mellan generationer. (shrink)

This introductory chapter provides an overview of the recent debate about responsibility and distributive justice. It traces the recent philosophical focus on distributive justice to John Rawls and examines two arguments in his work which might be taken to contain the seeds of the focus on responsibility in later theories of distributive justice. It examines Ronald Dworkin's ‘equality of resources’, the ‘luck egalitarianism’ of Richard Arneson and G. A. Cohen, as well as the criticisms of their (...) work put forward by Elizabeth Anderson, Marc Fleurbaey, Susan Hurley, and Jonathan Wolff. Key concepts such as responsibility (individual and collective), luck (thin and thick; brute and option), control, desert, and equality of opportunity are delineated, and the implementation of responsibility-sensitive accounts of justice is considered. The chapters of this book are positioned in relation to the wider literature on responsibility and distributive justice, and a brief outline of the chapters is provided. (shrink)

In this article we develop an account of justice in the distribution of knowledge. We first argue that knowledge is a fundamental interest that grounds claims of justice due to its role in individuals’ deliberations about the common good, their personal good and the pursuit thereof. Second, we identify the epistemic basic structure of a society, namely, the institutions that determine individuals’ opportunities for acquiring knowledge and discuss what justice requires of them. Our main contention is that (...) a systematic lack of opportunity to acquire knowledge one needs as an individual and a citizen because of the way the epistemic basic structure of a society is organized is an injustice. Finally, we discuss how our account relates to John Rawls’s influential theory of justice. (shrink)

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, (...) but not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed. (shrink)