Commentators of the judicial decisions of Justice Holmes have often situated the decisions inside the doctrines of freedom of expression and the rules and tests approach to legal analysis. This Paper situates his judgments in the context of a political theory. Drawing from his articles, lectures and correspondence, the Paper highlights Holmes’ reaction to the idealism and rationalism of the intellectual current before him. His view of human nature, conditioned by his war experience, is elaborated. The Paper (...) especially examines his theory of political struggle with the process-oriented view that the dominant social groups invariably become the political elite. The Paper then connects his theory of human nature to his legal doctrines, the role of the judiciary, the nature of the state, and a legal right. (shrink)

Scattered skeptical remarks and a general austerity that infused his writings have given Justice Oliver Wendell Holmes a reputation as some type of nihilist. Noted commentators such as Richard Posner and Albert Alschuler have claimed as much. This article seeks to correct this misunderstanding. Holmes was not a nihilist in the sense of being melancholy due to a belief that the world has no absolute moral values or gods. Instead, Holmes was a pragmatist in the spirit (...) of William James and John Dewey. While Holmes had doubts about moral truth and deities, he ultimately thought that their existence (or non-existence) should have no bearing on our behavior or the law. We must, through our collective efforts, find values that work for us. (shrink)

This essay examines whether or not absurdity is intrinsic to human life. It takes Camus’ interpretation of ‘The Absurd’ as its conceptual starting point. It traces such thought back to Schopenhauer, whose work is then critically analysed. This analysis focuses primarily on happiness and meaning. This essay accepts some of Schopenhauer’s premises, but rejects his conclusions. Instead, it considers Nietzsche’s alternatives and the role of suffering in life. It posits that suffering may help people acquire meaning and escape absurdity. It (...) then analyses the role of compassion in absurdity, in reference to Nietzsche’s work and Buddhist teachings. Lastly, it examines absurdity in relation to death, rejecting the notion that death exacerbates absurdity. This paper understands absurdity to be a natural part of the human condition, as characterised by suffering, death and an absence of meaning. It concludes that although human life is absurd by nature, it need not remain so. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

In this introduction to The Journal of Aesthetics and Art Criticism special issue on the aesthetics of creative activism, we canvas influential scholarship of political aesthetics to sculpt a broad typology of six interconnected mechanisms by which art might intervene in the world. We label these: Documentation, Disruption, Recognition, Participation, Imagination, and Beauty. Each has a compelling tradition of theory and application, augmented, extended, and sometimes challenged by the thirteen fresh and provocative contributions in the special issue. Yet, we ask, (...) if both politically minded artists and culturally minded activists are convinced of the power of art to provoke social change, and if we live a world that by almost all measures is now saturated with politically inclined, aesthetically informed practices, interfaces, objects, and texts, why does art not seem to be making a difference? Clearly, we need to think harder about the relationships between art and action, a task the articles assembled here call upon us to take seriously. (shrink)

In response to the COVID-19 pandemic, large-scale research and pharmaceutical regulatory processes have proceeded at a dramatically increased pace with new and effective, evidence-based COVID-19 interventions rapidly making their way into the clinic. However, the swift generation of high-quality evidence and the efficient processing of regulatory authorisation have given rise to more specific and complex versions of well-known research ethics issues. In this paper, we identify three such issues by focusing on the authorisation of Molnupiravir, a novel antiviral medicine aimed (...) at reducing the ability of SARS-CoV-2 to multiply in the body, for clinical use by the National Health Service in England and the concomitant testing of Molnupiravir through the large-scale PANORAMIC randomised control trial. By analysing the ways in which the authorisation and clinical use of Molnupiravir complicate standard approaches to clinical equipoise, standard of care, and participant consent in the PANORAMIC randomised control trial we will explain some of ethical implications for clinical trials that aim to study the efficacy and safety of new COVID-19 and other therapeutics when conditional authorisation has already been granted and when such treatments have already been made available to patients by national health providers. (shrink)

Background There has been debate on whether a global or unified field of bioethics exists. If bioethics is a unified global field, or at the very least a closely shared way of thinking, then we should expect bioethicists to behave the same way in their academic activities anywhere in the world. This paper investigates whether there is a 'global bioethics' in the sense of a unified academic community. Methods To address this question, we study the web-linking patterns of bioethics institutions, (...) the citation patterns of bioethics papers and the buying patterns of bioethics books. Results All three analyses indicate that there are geographical and institutional differences in the academic behavior of bioethicists and bioethics institutions. Conclusion These exploratory studies support the position that there is no unified global field of bioethics. This is a problem if the only reason is parochialism. But these regional differences are probably of less concern if one notices that bioethics comes in many not always mutually understandable dialects. (shrink)

Phenomenology gives rise to certain ontological considerations that have far-reaching implications for standard conceptions of patient autonomy in medical ethics, and, as a result, the obligations of and to patients in clinical decision-making contexts. One such consideration is the phenomenological reduction in classical phenomenology, a core feature of which is the characterisation of our primary experiences as immediately and inherently meaningful. This paper builds on and extends the analyses of the phenomenological reduction in the works of Husserl, Heidegger, and Merleau-Ponty (...) in order to identify and explain its implications for our current understanding of the principle of respect for patient autonomy and the norms of clinical decision making. (shrink)

In the debates regarding the ethics of human organoid biobanking, the locus of donor autonomy has been identified in processes of consent. The problem is that, by focusing on consent, biobanking processes preclude adequate engagement with donor autonomy because they are unable to adequately recognise or respond to factors that determine authentic choice. This is particularly problematic in biobanking contexts associated with organoid research or the clinical application of organoids because, given the probability of unforeseen and varying purposes for which (...) a donor’s organoids could be employed and given the different ways in which a donor can relate to her biospecimens, a donor can value her organoids differently in different contexts and her reasons for autonomously permitting use of her cells and tissues in one case may not support an autonomous decision in another. In response, this paper has three aims: firstly, to make the case for why organoid biobanks ought to respect donor autonomy conceived as authentic choice; secondly, to explore the autonomy-respecting limits of established and widely prevalent models of biobank consent; and thirdly, to propose certain conditions that organoid biobanks ought to support or facilitate in order to respect donor autonomy. (shrink)

Smajdor argues that “recognition” is the solution to the “reifying attitude” that results from “the urge to protect ‘vulnerable’ people through exclusion from research”. Drawing on theories of reification, we argue that it is the concepts of autonomy and vulnerability themselves that have been reified, resulting in the impoverishment of approaches to autonomy at law and in research ethics. Overcoming such reification demands a deeper consideration of the grounds on which vulnerable individuals are owed recognition and thereby the forms such (...) recognition should take. Smajdor argues for a recognition that appeals to autonomy and that manifests in providing vulnerable individuals with the opportunity to assent. The problem is that this kind of recognition is dependent on a more fundamental kind. It is this second form of recognition that would need to do the heavy lifting for assent-based frameworks to avoid the same problems we find with consent. (shrink)

What constitutes a scientific discovery? What role do discoveries play in science, its dynamics and social practices? Must every discovery be attributed to an individual discoverer (or a small number of discoverers)? The paper explores these questions by first critically examining extant philosophical explications of scientific discovery—the models of scientific discovery, propounded by Kuhn, McArthur, Hudson, and Schindler. As a simple, natural and powerful alternative, we proffer the “change-driver model”: in a nutshell, it takes discoveries to be cognitive scientific results (...) that have epistemically advanced science. The model overcomes the shortcomings of its precursors, whilst preserving their insights. We demonstrate its intensional and extensional superiority, especially with respect to the link between scientific discoveries and the dynamics of science, as well as the award system of science. Both as an illustration, and as an application to a recent scientific and political controversy, we apply the considered models of discovery to one of the most momentous discoveries of science: the expansion of the universe. We oppose the 2018 proposal of the International Astronomers’ Union as too simplistic vis-`a-vis the historical complexity of the episode. The change- driver model yields a more nuanced and circumspect verdict: (i) The redshift-distance relation shouldn’t be named the “Hubble-Lemaître Law”, but “Slipher-Lundmark-Hubble-Humason Law”; (ii) Its interpretation in terms of an expanding universe, however, Lemaître ought to be given credit for; but (iii) The establishment of the expansion of the universe, as an evidentially sufficiently warranted result, is a communal achievement, emerging in the 1950s or 1960s. (shrink)

At the centenary of Frank H. Knight’s Risk, Uncertainty, and Profit (1921), we explore the continuing relevance of Knightian uncertainty to the theory and practice of entrepreneurship. There are three challenges facing such assessment. First, RUP is complex and difficult to interpret. The key but neglected element of RUP is that Knight’s account is not solely about risk and uncertainty as states of nature, but about how an agent’s beliefs about uncertain outcomes and confidence in those beliefs guide their choices. (...) Second, RUP is Knight’s only effort in this area. His subsequent career led elsewhere, so he did not engage with subsequent interpretations of this work. Third, much of the current literature emphasizes that decisions must be different under the two states of nature with a consequent misunderstanding of entrepreneurial agency. This paper addresses each challenge in sequence. First, we explicate Knight’s (1921) approach and explain why that approach is murky. Second, as a complement to Knight’s interpretation, we examine Frank P. Ramsey’s approach to subjective probabilities to help clarify Knight’s murky approach. What links Knight and Ramsey is a shared pragmatism about entrepreneurial agency under uncertainty that depends upon the beliefs about, and confidence in, their judgments of possible outcomes. This Knight-Ramsey approach does not require actor’s behaviors to be determined by the class of uncertain environment (whether risk, uncertainty, or ambiguity) they face. We focus on the response by the entrepreneur to the existence of uncertainty in all its forms. We argue that this reductive account provides a foundation to examine common problems in management, including managerial hubris, the interaction between entrepreneurs and venture capitalists, and the need for experimentation (such as prototyping and market research) in advance of new product and venture launches. Third, we critique current literature that favors epistemic purism about the ontology of risk and uncertainty and ignores Knight-Ramsey pragmatism in meeting uncertainty, such as using formal and informal institutions for uncertainty mitigation. Our account locates Frank Knight’s subtleties in entrepreneurial behavior firmly in the literature on entrepreneurial agency a century later. (shrink)

Research ethics committees and institutional review boards spend considerable time developing, scrutinising, and revising specific consent processes and materials for survey-based studies conducted on crowdsourcing and online recruitment platforms such as MTurk and Prolific. However, there is evidence to suggest that many users of ICT services do not read the information provided as part of the consent process and they habitually provide or refuse their consent without adequate reflection. In principle, these practices call into question the validity of their consent. (...) In this paper we argue that although the ‘no read problem’ and the routinisation of consent may apply to research participants’ consent practices for studies on crowdsourcing platforms, this is not a serious problem. Furthermore, given that the informational requirements for informed consent in these contexts are minimal, we argue that these participants are, nevertheless, sufficiently informed to give valid consent. We conclude that research ethics committees and institutional review boards should only agonise over the precise details of the informed consent process and materials in those rare cases where appreciable risks to research participants need to be managed. (shrink)

Abortion remains a highly controversial issue in many countries and subject to intense public debate. The aim of this chapter is to summarize the most prominent assumptions and arguments concerning the moral and legal dimensions of abortion on which this debate rests. Where the moral justifiability of abortion is concerned, this chapter focuses on arguments relating to the moral status of the fetus or embryo, the notion of personhood, the biological development of the embryo or fetus, and the moral relevance (...) of specific points in the developmental process. In terms of the legal aspects, we consider concepts and principles invoked at law, principally, the rights of pregnant women and the medical concept of viability. For each moral and legal position in the abortion debate, we provide an overview of the principal assumptions and arguments and acknowledge the main criticisms. (shrink)

The protection of rare species abounds with scientific and ethical considerations. An ethical dilemma can emerge when the life of one species is valued higher than that of another, and so we discuss the basis of ranking, protection, and valuation of plants and animals. A duty to protect rare species exists in this age of great losses to plant and animal life, but the scientific and public communities are not always in agreement regarding what species deserve protection. Using a case (...) study, we illustrate how the decision to kill beavers to protect a rare plant and rare animals found in a tidewater creek demanded an ecological ethic approach. We present the concept of a" conservation mediator" and how its use may help find a common ground between stakeholders and decision-makers in similar situations. (shrink)

All that philosophical “theories” of truth do is to demonstrate what is entailed by assuming our common uses and common understandings of the concept of truth. But our common understanding of what truth is is only a part of how truth functions. If we only look at that, we are missing the rest of the picture, namely how truth functions as the foundation for all human communication. I propose that truth functions a lot like morality, in the sense that both (...) truth and morality are normative systems that regulate human behaviour. To best understand this we need to imagine why truth was needed in the first place, and what role it plays in human communication as a whole. Here the philosophical approach of defining the “State of Nature” comes into play, and we obtain an account starting with drawing the relevant distinction between humans and non-human animals, and then showing how a crisis could have arisen from the initial development of language and how collective acknowledgement of truth as a default notion could have solved it, in the same way that collective acknowledgement of a moral system solved the problem of cheats and free riders. To do this, I utilize the idea of common pool resource management, as outlined in the work of the Institutional Economist Elinor Ostrom. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on (...) the influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

In A Theory of Justice, Rawls attempts to ground intergenerational justice by "virtual representation" through a thickening of the veil of ignorance. Contractors don't know to what generation they belong. This approach is flawed and will not result in the just savings principle Rawls hopes to justify. The project of grounding intergenerational duties on a social contractarian foundation is misconceived. Non-overlapping generations do not stand in relation to one another that is central to the contractarian approach.

This essay discusses the idea that trust is a pre-rational, other-oriented emotion and it is constitutive of friendship practices regardless of the type of friendship. In particular, what we call ‘social friendship’ refers to a distinctive set of loose but lasting and cohesive bonds both among citizens within society (horizontal dimension) and between them and the state (vertical dimension), triggering solidarity and altruism. The other-oriented emotion of trust underpinning these social bonds–social friendship–in turn, is necessary for social justice to (...) be supported, legitimized, and furthermore demanded by society. (shrink)

Energy politics lie at the heart of human activity. In a time of ecological and energy crises, it is fundamental to realise that our reality systems are always open to change and that, in order to respond to the challenges of a changing energy landscape, we must explore the full possibilities of technology in a radical way. This analysis aims to consider the ethical implications of energy and technology, presenting an urgent case for cosmotechnical pluralism, that is the diversification of (...) world-views, knowledges, technologies in the realm of global politics. To reconstruct the world and its politics around the existence of several ways of navigating and conceiving it, literally leads to a change in reality. The notion of cosmotechnics will present a way of conceiving of the cosmic, epistemic and technic order as interconnected: in this spirit, this exploration will travel through the prisms of cosmology, epistemology, morality, to subsequently enter into the room where energy policies are created. By employing this tripartite framework, policy directions will be suggested on the path towards energy justice in the hope of shining some light on what moral practices of policy-making in the field of energy politics could look like. (shrink)

This book defends an account of justice to nonhuman beings – i.e., to animals, plants etc. – also known as ecological or interspecies justice, and which lies in the intersection of environmental political theory and environmental ethics. More specifically, against the background of the current extinction crisis this book defends a global non-ranking biocentric theory of distributive ecological/interspecies justice to wild nonhuman beings, because the extinction crisis does not only need practical solutions, but also an account of (...) how it is the outcome of large-scale injustice. This book not only provides a novel theoretical framework that supports such a claim, but it also develops the theoretical tools to find just compromises between the entitlements of intraspecies and intra-human global distributive justice to ecological space for the purpose of working towards a vision of just conservation. -/- Content: 1. Introducing Ecological Justice 2. Political Non-Ranking Biocentrism 3. The Community of Justice 4. The Currency of Distributive Justice 5. The Principles of Distributive Justice 6. Ecological Justice and the Capabilities Approach 7. Biodiversity Loss: An Injustice? 8. Who Owns the Earth? 9. Visions of Just Conservation 10. Outlook for Implementation . (shrink)

‘Justice’ is spoken of in two ways: the lawful and the fair. The law is a human construct that is devoted to the advantage of all, or to the advantage of the best, or to the advantage of those in power or to the advantage of those representing it – let it be the politician, the media, the TV presenter, the filmmaker. Thus, the law serves the production or the preservation of happiness within politics and business. The law commands (...) us to act according to the mean. A well-written law follows the mean well and a poorly written law does not. On the other hand, fairness is a principle sometimes materialised through the law and the given justice system. Fairness is the ultimate value pursued by both the common law and civil law traditions. However, its distribution through the law and the representation of this delivery varies. Does this mean that a different kind of justice is distributed? Through the teachings of Aristotle, this essay aims to deconstruct the notion of justice, by breaking down its two ingredients, the lawful and the fair, and by analysing the effect of their representation in modern European society. The relativity attached to the notion of justice is not a modern phenomenon, but a philosophical matter that can be analysed and indeed explained through the teachings of Aristotle and its contemporary students. The analysis will be developed in the context of convergent Europe, focusing on the role of the media and courts especially in relation to criminal justice. (shrink)

This paper explores spatial justice in urban environments through immersive art and design, focusing on Amsterdam and Houston. It presents a case study from the Venice Biennale 2023, showcasing art's potential in fostering inclusive urban spaces. The study delves into the socio-political complexities of urban areas, highlighting often-ignored liminal spaces and their tensions and possibilities. Immersive art emerges as a transformative medium, capable of challenging and reshaping perceptions of space, and addressing systemic socio-economic disparities. Adopting a transdisciplinary approach, the (...) research combines insights from various fields to enrich discussions on spatial justice and inspire urban transformations. (shrink)

Luck egalitarianism provides a reason to object to conditionality in health incentive programmes in some cases when conditionality undermines political values such as solidarity or inclusiveness. This is the case with incentive programmes that aim to restrict access to essential healthcare services. Such programmes undermine solidarity. Yet, most people's lives are objectively worse, in one respect, in non-solidary societies, because solidarity contributes both instrumentally and directly to individuals' well-being. Because solidarity is non-excludable, undermining it will deprive both the prudent and (...) the imprudent citizens of its goods. Thereby, undermining solidarity can make prudent citizens worse off than they would have otherwise been, out of no fault or choice of their own, but rather as a result of somebody else's imprudent choice. This goes against the spirit of luck egalitarianism. Therefore (luck egalitarian) justice can require us to save the imprudent and avoid conditionality in access to essential healthcare services. (shrink)

This paper explores the tensions between two disparate approaches to addressing hunger worldwide: Food security and food sovereignty. Food security generally focuses on ensuring that people have economic and physical access to safe and nutritious food, while food sovereignty movements prioritize the right of people and communities to determine their agricultural policies and food cultures. As food sovereignty movements grew out of critiques of food security initiatives, they are often framed as conflicting approaches within the wider literature. This paper explores (...) this tension, arguing that food security is based on a particular model of justice, distributive justice, which limits the sovereignty and autonomy of communities as food producers and consumers. In contrast, food sovereignty movements view food security as a necessary part of food sovereignty, but ultimately insufficient for creating food sustainable communities and limiting wider harms. Rather than viewing food security and food sovereignty as in conflict, we argue that food sovereignty’s justice framework both encompasses and entails justice claims that guide food security projects. (shrink)

Historically, laws and policies to criminalize drug use or possession were rooted in explicit racism, and they continue to wreak havoc on certain racialized communities. We are a group of bioethicists, drug experts, legal scholars, criminal justice researchers, sociologists, psychologists, and other allied professionals who have come together in support of a policy proposal that is evidence-based and ethically recommended. We call for the immediate decriminalization of all so-called recreational drugs and, ultimately, for their timely and appropriate legal regulation. (...) We also call for criminal convictions for nonviolent offenses pertaining to the use or possession of small quantities of such drugs to be expunged, and for those currently serving time for these offenses to be released. In effect, we call for an end to the “war on drugs.”. (shrink)

One of the main challenges faced by realists in political philosophy is that of offering an account of authority that is genuinely normative and yet does not consist of a moralistic application of general, abstract ethical principles to the practice of politics. Political moralists typically start by devising a conception of justice based on their pre-political moral commitments; authority would then be legitimate only if political power is exercised in accordance with justice. As an alternative to that dominant (...) approach I put forward the idea that upturning the relationship between justice and legitimacy affords a normative notion of authority that does not depend on a pre-political account of morality, and thus avoids some serious problems faced by mainstream theories of justice. I then argue that the appropriate purpose of justice is simply to specify the implementation of an independently grounded conception of legitimacy, which in turn rests on a context- and practice-sensitive understanding of the purpose of political power. (shrink)

Holm (2022) argues that a class of algorithmic fairness measures, that he refers to as the ‘performance parity criteria’, can be understood as applications of John Broome’s Fairness Principle. We argue that the performance parity criteria cannot be read this way. This is because in the relevant context, the Fairness Principle requires the equalization of actual individuals’ individual-level chances of obtaining some good (such as an accurate prediction from a predictive system), but the performance parity criteria do not guarantee any (...) such thing: the measures merely ensure that certain population-level ratios hold. (shrink)

Climate change and decarbonization raise complex justice questions that researchers and policymakers must address. The distributions of greenhouse gas emissions rights and mitigation efforts have dominated justice discourses within scenario research, an integrative element of the IPCC. However, the space of justice considerations is much larger. At present, there is no consistent approach to comprehensively incorporate and examine justice considerations. Here we propose a conceptual framework grounded in philosophical theory for this purpose. We apply this framework (...) to climate mitigation scenarios literature as proof of concept, enabling a more holistic and multidimensional investigation of justice. We identify areas of future research, including new metrics of service provisioning essential for human well-being. [Can be freely read by clicking the ReadCube link below.]. (shrink)

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of (...) merit. That gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

Decommodification is an important support for the development of our excellences and the pursuit of our freedom of conscience. In order to show this, the paper will be structured as follows. First, it will be argued that a decommodified social threshold of goods and services is a necessary part of a free-standing politically liberal conception of justice. The authors to be reviewed in this section are R.H. Tawney and John Rawls. The second section will discuss a compendium of possible (...) decommodified goods and services. Finally, an alternative of partial decommodification and a brief comment on basic income grants will be presented in the last sections. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is (...) a collective societal responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

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

Justice in production is concerned with ensuring the benefits and burdens of work are distributed in a way that is reflective of persons' status as moral equals. While a variety of accounts of productive justice have been offered, insufficient attention has been paid to the distribution of work's benefits and burdens in the future. In this article, after granting for the sake of argument forecasts of widespread future technological unemployment, we consider the implications this has for egalitarian requirements (...) of productive justice. We argue that in relation to all the benefits affiliated with work, other than undertaking social contribution, the technological replacement of work is unproblematic as these benefits could in principle be attained elsewhere. But because social contribution uniquely corresponds to work (when work is understood as more than a paid job), the normative assessment of technological unemployment will turn on the value that theories of justice give to contributive activity. We then argue that despite technological replacement being plainly beneficial insofar as it relieves persons from the burdens of work, such as dangerous work or drudgery, because the nature of care work makes it less susceptible to technological replacement, egalitarian concern will require the burdens of care work to be shared equally between individuals. (shrink)

Using a time-lagged design, we tested the main effects of Islamic Work Ethic (IWE) and perceived organizational justice on turnover intentions, job satisfaction, and job involvement. We also investigated the moderating influence of IWE in justice–outcomes relationship. Analyses using data collected from 182 employees revealed that IWE was positively related to satisfaction and involvement and negatively related to turnover intentions. Distributive fairness was negatively related to turnover intentions, whereas procedural justice was positively related to satisfaction. In addition, (...) procedural justice was positively related to involvement and satisfaction for individuals high on IWE however it was negatively related to both outcomes for individuals low on IWE. For low IWE, procedural justice was positively related to turnover intentions, however it was negatively related to turnover intentions for high IWE. In contrast, distributive justice was negatively related to turnover intentions for low IWE and it was positively related to turnover intentions for high IWE. (shrink)

There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better understanding (...) where we are, as well as what is attainable in terms of educational justice. I argue that we must constructively critique some of our most cherished beliefs about education if we are to save the hope of real justice from the rhetoric of imagined justice. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, (...) with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

This paper aims to explore the feasibility of a restorative justice service in the context of work‐related deaths, specifically in Victoria. Section 1 provides a brief summary of restorative justice and the kind of processes that are most likely to be used in the context of work‐related death. Section 2 discusses an issue for the use of restorative justice in this context that is similar to the problem of whether it is fair or reasonable to assign personal (...) criminal liability for corporate fault. Section 3 looks at what it is that restorative justice can offer a bereaved family. Section 4 presents a range of suggestions as to how restorative justice could be used in this context—informed by real cases wherever possible. Section 5 presents a brief proposal regarding what may be the most effective and efficient strategy or model, in terms of developing a pilot restorative justice service in this area. Section 6 offers some preliminary guidance for a further consultation that would involve all the key stakeholders. (shrink)

This article is part of a larger project that explores how to channel people’s passion for popular arts into legal social justice by reconceiving law as a kind of poetry and justice as dance, and exploring different possible relationships between said legal poetry and dancing justice. I begin by rehearsing my previous new conception of social justice as organismic empowerment, and my interpretive method of dancing-with. I then apply this method to the following four “ethico-political choreographies (...) of justice”: the choral dance of souls qua winged chariot-teams, a dancingly beautiful friendship with the community, a tightrope-dance of the cool, and humans dancingly reimagined as positioned actors in fluidly moving groups. I then synthesize these analyses into “dancing justice,” defined as the dynamic equilibrium sustained by a critical mass of a community’s members comporting themselves like social dancers. (shrink)

According to the sufficiency theory of justice in health, justice requires that people have equal access to adequate health. In this article, I lay out the structure of this view and I assess its distributive implications for setting priority (i) between health needs across persons and (ii) between health care spending and other societal goods. I argue, first, that according to the sufficiency theory, deficiency in health cannot be completely offset by providing other societal goods. And, second, that (...) it can prevent the medicalization of societies by stressing that improvements beyond the level of adequate health have relatively little weight, if any, from the standpoint of justice. (shrink)

This paper examines John Rawls' renowned theory of justice, which outlines two principles of justice and their respective significance. It explores how Rawls' notion of equality aligns with the philosophical concept of equity, emphasizing that his call for citizen equality inherently incorporates fairness. Additionally, the paper discusses the application of Rawls' "Difference Principle" to India's reservation policy. Rawls' principles, which aim to support the worst-off in society, are reflected in India's system of reservations for marginalized groups, including backward (...) classes and differently-abled individuals, to promote equitable opportunities. However, the paper cautions that excessive reservations could limit opportunities for more privileged groups. Ultimately, it is argued that Rawls' concept of social justice has contributed to the promotion of social justice in India. (shrink)

Plato's Republic divided subsequent study of justice in two, as a virtue of people and of institutions. Here, the start of a reunification is attempted. Justice is first understood personally as the mean between arrogance and servility, where just people properly respect themselves and others. Because justice requires that like cases be treated alike and self-respect is a special instance of respect generally, justice requires a single standard for self and others. In understanding justice in (...) terms of respect, structural analogies become apparent between "recognition" and "appraisal" respect, on one hand, and Rawls' two principles of justice on the other. The paper closes with a discussion of how mercy is related to justice and an explanation of why just people always look for reasons to mitigate blame and punishment but never to aggravate them. (shrink)

Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect both the (...) theoretical and practical development of restorative justice. These tensions also encourage a power-interest battle between different stakeholders within the restorative movement including practitioners, theoreticians, researchers and policy makers. To approach these controversies, there needs to be an acknowledgment of the multidimensional nature of the conceptual problem of restorative justice and the impact it has on its application. The article attempts to get to grips with this problem, and provide a common ground for the future development of restorative justice. (shrink)

SummaryHolm Tetens develops in his book „Gott denken. Ein Versuch über rationale Theologie“ theoretical and practical arguments against a naturalistic and in favour of a theistic understanding of reality. In my paper I focus on Teten’s claim that we are rationally justified to hope for the truth of classical theism. I distinguish between rationally justified and unjustified forms of hope and argue that we are rationally justified to hope for the redemption of reality as promised by classical theism. However, this (...) hope has a weaker basis of justification than Tetens seems to assume because serious objections to classical theism ought to be taken into consideration as well. (shrink)

This is the first volume of Equality and Justice, a six-volume collection of the most important articles of the twentieth century on the topic of justice and equality. This volume addresses the following three (only loosely related) issues: (1) What is the concept of justice? (2) Is justice primarily a demand on individuals or on societies? (3) What are the relative merits of conceptions of justice based on equality, based on priority for those who have (...) less, and based on ensuring that everyone has a basic minimum, of the relevant goods? (shrink)

This article brings Gillian Brock and Alex Sager's recently published books into conversation with my book, Immigration and Democracy. It begins with a summary of the main normative arguments of my book to set the stage for critical engagement with Brock and Sager's books. While I agree with Brock's Justice for People on the Move that state power must be justified to both insiders and outsiders, I think she gives too little weight to the value of collective self-determination. I (...) distinguish between justice and collective self-determination and argue that each is an important component of legitimacy. Sager's Against Borders focuses on immigration enforcement and contends that violence is inherent in border controls. Every legal system is backed by the threat of the use of force; the question is whether the use of force by state agents is justified. In contrast to Sager, I argue that the proper response to the injustices of current immigration enforcement is reform, not abolition, of the immigration system. (shrink)