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)

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)

Distributive justice decision making tends to require a trade off between different valued outcomes. The present study tracked computer mouse cursor movements in a forced-choice paradigm to examine for tension between different parameters of distributive justice during the decision-making process. Participants chose between set meal distributions, to third parties, that maximised either equality (the evenness of the distribution) or efficiency (the total number of meals distributed). Across different formulations of these dilemmas, responding was consistent with the notion (...) that individuals tend to base decisions in part on the magnitude of these parameters. In addition, dilemmas associated with inconsistent responding across the sample tended to elicit the greatest spatial deviation of the cursor, potentially reflecting dilemma difficulty. One interpretation of these results is that individuals value equality and efficiency in such a way that moral dilemmas are resolved by comparing the perceived value of these qualitatively different parameters, consistent with a value pluralistic framework of decision making. A post-hoc analysis indicated that individuals also incorporated sufficiency concerns during distributive justice decision making. The results are discussed in relation to political philosophy. (shrink)

The Market Failures Approach (MFA) is one of the leading theories in contemporary business ethics. It generates a list of ethical obligations for the managers of private firms that states that they should not create or exploit market failures because doing so reduces the efficiency of the economy. Recently the MFA has been criticised by Abraham Singer on the basis that it unjustifiably does not assign private managers obligations based on egalitarian values. Singer proposes an extension to the MFA, (...) the Justice Failures Approach (JFA), in which managers have duties to alleviate political, social, and distributive inequalities in addition to having obligations to not exploit market failures. In this paper I describe the MFA and JFA and situate them relative to each other. I then highlight a threefold distinction between different types of obligations that can be given to private managers in order to argue that a hybrid theory of business ethics, which I call the MFA +, can be generated by arguing that managers have obligations based on efficiency and duties based on equality to the extent that these latter obligations do not lead to efficiency losses. This argument suggests a novel theoretical option in business ethics, elucidates the issues that are at stake between the MFA and the JFA, and clarifies the costs and benefits of each theory. (shrink)

While psychologists and political scientists have long investigated issues of interest to philosophers, the development of political experimental philosophy has remained limited. This slow progress is surprising, given that political philosophers commonly acknowledge the relevance of empirical data for normative theorizing. In this chapter, we illustrate the importance of empirical data by outlining recent developments in three domains related to theories of justice, where empirical results reinforce or endanger popular philosophical theories. Our first showcase concerns the boundaries of the (...) concept of fairness. While both libertarian thinkers and social egalitarians have united in rejecting the concept of natural injustice, we show that people do consider that unpreventable natural inequalities can be described as unfair. Second, we take the example of impartiality devices, such as the veil of ignorance or the idea of an impartial spectator, to show that such devices are efficient at shifting people’s intuitions in a more impartial manner. Third, we review empirical data on fairness intuitions to show that people conform to a pluralist theory of justice, valuing desert, needs-satisfaction, and equality at the same time. However, distribution according to desert enjoys a privileged position: people mostly care for the satisfaction of basic needs of deserving recipients, and people are willing to tolerate large inequalities in meritocratic contexts. The centrality of desert leads to dilemmas for mainstream egalitarian theorists, as theories that do not recognize the value of desert could fail to find support or legitimacy within the population. (shrink)

How can we allocate scarce health care resources justly? In particular, are markets the most efficient way to deliver health services? Much blood, sweat and ink has been shed over this issue, but rarely has either faction challenged the unspoken assumption behind the claim made by advocates of markets: that efficiency advances the interests of both individuals and society. Whether markets actually do increase efficiency is arguably a matter for economists, but the deeper ethical question is whether (...) class='Hi'>efficiency is the correct criterion, in terms of social justice and individual needs. (shrink)

Scientists who engage in science and the scientific endeavor should seek truth with conviction of morals and commitment to ethics. While the number of publications continues to increase, the number of retractions has increased at a faster rate. Journals publish fraudulent research papers despite claims of peer review and adherence to publishing ethics. Nevertheless, appropriate ethical peer review will remain a gatekeeper when selecting research manuscripts in scholarly publishing and approving research applications for grant funding. However, this peer review must (...) become more open, fair, transparent, equitable, and just with new recommendations and guidelines for reproducible and accountable reviews that support and promote fair citation and citational justice. We should engineer this new peer-review process with modern informatics technology and information science to provide and defend better safeguards for truth and integrity, to clarify and maintain the provenance of information and ideas, and to rebuild and restore trust in scholarly research institutions. Indeed, this new approach will be necessary in the current post-truth era to counter the ease and speed with which mis-information, dis-information, anti-information, caco-information, and mal-information spread through the internet, web, news, and social media. The most important question for application of new peer-review methods to these information wars should be ‘Who does what when?’ in support of reproducible and accountable reviews. Who refers to the authors, reviewers, editors, and publishers as participants in the review process. What refers to disclosure of the participants' identities, the material content of author manuscripts and reviewer commentaries, and other communications between authors and reviewers. When refers to tracking the sequential points in time for which disclosure of whose identity, which content, and which communication at which step of the peer-review process for which audience of readers and reviewers. We believe that quality peer review, and peer review of peer review, must be motivated and maintained by elevating their status and prestige to an art and a science. Both peer review itself and peer review analyses of peer reviews should be incentivised by publishing peer reviews as citable references separately from the research report reviewed while crossreferenced and crosslinked to the report reviewed. (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)

The Global Financial Crisis of 2007–2009 exacerbated two distinct concerns about the independence of central banks: a concern about legitimacy and a concern about economic justice. This paper explores the legitimacy of independent central banks from the perspective of these two concerns, by presenting two distinct models of central banking and their different claims to political legitimacy and distributive justice. I argue primarily that we should avoid construing central bank independence in binary terms, such that central banks either (...) are, or are not, independent. I will argue that we should instead construe central bank independence in scalar terms, so that independence admits of degree, thus allowing us to develop an account of independence in which central banks can retain it to the extent necessary for economic efficiency, while meeting reasonable concerns regarding democratic legitimacy and economic justice. (shrink)

[Opinion] This aims to begin deliberation about investing in negative emissions technologies (NETs) by suggesting that the investment could be responsive to two particular values: need and efficiency—and that these values point us towards taking different actions. For negative emissions technologies, I suggest, we face a Need-Efficiency Tradeoff, i.e. a “NET effect”. This tradeoff also highlights several contrasts: responding to need focuses on regional and short-term moral considerations; responding to efficiency focuses on global and long-term moral considerations. (...) [Open access]. (shrink)

Non-technical summary: -/- When developing and deploying negative emissions technologies (NETs), little attention has been paid to where. On the one hand, one might develop NETs where they are likely to contribute most to global mitigation targets, contributing to a global climate solution. On the other hand, one might develop NETs where they can help support development on a regional basis, justified by regional demands. I defend these arguments and suggest that they reflect the values of efficiency and responding (...) to need, respectively. To the extent that these values conflict, they introduce what I call the Need-Efficiency Trade-off Effect (‘NET Effect’). -/- Technical summary: -/- Unlike other geoengineering methods, the effectiveness of negative emissions technologies (NETs) tends to be sensitive to regional siting. This paper argues that this point raises morally and legally important implications by identifying a trade-off between ‘efficiency’ and ‘need’. First, it introduces two arguments justifying NETs: one focused on contributions to global mitigation and the other focused on contributions to regional development. Second, reflecting the two arguments, the paper discusses the moral values of efficiency and need, respectively. For instance, if the strategy is to try to use NETs to maximize expected mitigation contributions to reflect efficiency, then deployment should occur in regions with the best prospects for success (e.g. Western countries). However, if the strategy is to try to use NETs to improve the chances of simultaneous development and mitigation to respond to need, then deployment should occur in regions with limited development and expected growth of demand for NETs (e.g. Asian countries). When these values conflict, I call that a Need-Efficiency Trade-off Effect (‘NET Effect’). The paper concludes by considering the NET Effect in the context of bioenergy with carbon capture and storage as well as direct air carbon capture and storage. [Open access]. (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)

This article argues that actual entities come first; the statistical laws of nature are their effects, not their causes. Statistical laws are mentally abstracted from their habits and are only formal, not efficient, causes. They do not make anything happen or prevent anything from happening. They evolve or change as the habits of novel creatures evolve or change. They do not control or inform us about what any individual entity is doing, only about what masses of individuals on average are (...) doing. Thus, there is no way that traditional divine miracles could “violate” them. God has sufficient efficient-causal power to create our world ex nihilo, as in the Big Bang, and to prevent evils, which God does not do from love, justice, and moral goodness. Seven elements of a viable theodicy are outlined, the most important of which is divine justice. It would be unjust for God to prevent harms in some cases but not in all. In a universe in which God prevents all evils and thus directly controls everything, no creatures would take any responsibility for what they do. A loving and just God voluntarily and consistently limits the exercise of divine power so we can be free, responsible, and creative. (shrink)

The convergence of computing, sensing, and communication technology will soon permit large-scale deployment of self-driving vehicles. This will in turn permit a radical transformation of traffic control technology. This paper makes a case for the importance of addressing questions of social justice in this transformation, and sketches a preliminary framework for doing so. We explain how new forms of traffic control technology have potential implications for several dimensions of social justice, including safety, sustainability, privacy, efficiency, and equal (...) access. Our central focus is on efficiency and equal access as desiderata for traffic control design. We explain the limitations of conventional traffic control in meeting these desiderata, and sketch a preliminary vision for a next-generation traffic control tailored to address better the demands of social justice. One component of this vision is cooperative, hierarchically distributed self-organization among vehicles. Another component of this vision is a priority system enabling selection of priority levels by the user for each vehicle trip in the network, based on the supporting structure of non-monetary credits. (shrink)

Politics, Philosophy & Economics, Volume 21, Issue 2, Page 165-189, May 2022. It is generally acknowledged that a certain amount of state intervention in health and health care is needed to address the significant market failures in these sectors; however, it is also thought that the primary rationale for state involvement in health must lie elsewhere, for example in an egalitarian commitment to equalizing access to health care for all citizens. This paper argues that a complete theory of justice (...) in health can be derived from a commitment to correcting market failure, or in other words promoting Pareto-efficiency, in the domain of health. This approach can address familiar problems around access to care, as well as problems related to resource allocation and rationing, the control of health care costs, and the foundations of public health. Egalitarian theories of justice in health cannot make sense of the depth and pervasiveness of state involvement in health and health care; only a theory rooted in the need to correct market failure can. (shrink)

Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to (...) proportionality, consistency, and efficiency. I ultimately defend the view that the use of mandatory minimums in the war on drugs is unjust. -/- . (shrink)

Since the Enlightenment, there have been advocates for the rationalizing efficiency of enlightened sovereigns, bureaucrats, and technocrats. Today these enthusiasms are joined by calls for replacing or augmenting government with algorithms and artificial intelligence, a process already substantially under way. Bureaucracies are in effect algorithms created by technocrats that systematize governance, and their automation simply removes bureaucrats and paper. The growth of algorithmic governance can already be seen in the automation of social services, regulatory oversight, policing, the justice (...) system, and the military. However, there have also always been justified democratic and economic criticisms of autocracy, bureaucracy, technocracy, and algorithmic governance. Bureaucrats, technocrats, and algorithms embody biases that tend to serve the interests of elites, and all require transparency and democratic accountability, oversight individual citizens are ill equipped to exercise. As state apparatuses are increasingly automated, mechanisms for collective action and democratic oversight also need to be automated. Algorithms and cyborg citizenry will enable a posthuman democracy. Democratically accountable algorithmic governance, enabled by artificial intelligence and human enhancement, can automate bottom-up citizen surveillance, inform debate, aggregate decision making, and ensure the efficient working of the gradually withering state. As paid work disappears and we transition to a postcapitalist economy with a universal basic income, market mechanisms can be replaced with democratic planning. Indeed, only algorithmic governance can secure our future against accelerating threats from technological innovation. (shrink)

The proposal on offer is a radical form of egalitarianism. Under it, each citizen receives the same income, regardless of profession or indeed whether he or she works or not. This proposal is bad for two reasons. First, it is inefficient. It would eliminate nearly all incentive to work, thereby shrinking national income and leaving all citizens poorly off (albeit equally poorly off). I illustrate this inefficiency via an indifference curve analysis. Second, the proposal would be regarded as unjust by (...) almost everyone. The empirical work on justice makes this plain. Equal pay for equal work is desirable; equal pay no matter what is something else entirely. It is an idea not likely to find adherents. (shrink)

In this book some options concerning the greenhouse effect are assessed from a welfarist point of view: business as usual, stabilization of greenhouse gas emissions and reduction by 25% and by 60%. Up to today only economic analyses of such options are available, which monetize welfare losses. Because this is found to be wanting from a moral point of view, the present study welfarizes (among others) monetary losses on the basis of a hedonistic utilitarianism and other, justice incorporating, welfare (...) ethics. For these welfarist evaluations information about the social consequences of the four options are collected from the literature and eventually corrected; then the consequences for individual well-being are assessed based on psychological research about well-being dependent on the social situation of the individual; finally the aggregation formulas of the respective welfare ethics are applied to these data. Assessments by other types of ethics, e.g. Kantian ethic, are included. The strongest abatement option is found to be optimum with great unanimity. - In addition a cost-welfare analysis of greenhouse gas abatement is undertaken revealing efficient cost-welfare ratios for these measures and the most efficient ratio for the strongest option. - A final, more theoretical part discusses the moral obligations following from such evaluations. The notion of 'moral obligation' is explained in a way that, apart from moral goodness of the required act, reinforcement by formal or informal sanctions is another necessary condition for moral obligations. This leads to a conception of a historical morality according to which the demands of morality rise in the long run. Applying this conception to the greenhouse effect implies that presently we have the moral duty to raise the standards of greenhouse gas abatement as much as is politically feasible. (shrink)

Universal Basic Income (UBI) has been proposed as a potential way in which welfare states could be made more responsive to the ever-shifting evolutionary challenges of institutional adaptation in a dynamic environment. It has been proposed as a tool of “real freedom” (Van Parijs) and as a tool of making the welfare state more efficient. (Friedman) From the point of view of complexity theory and evolutionary economics, I argue that only a welfare state model that is “polycentrically” (Polanyi, Hayek) organized (...) as an evolving network of distributed decision-making can respond to the challenges of complexity in an adaptively efficient manner. UBI has the theoretical possibility to facilitate flexible, bottom-up innovation, since a) it embodies the “rule of law” principles of generality, nondiscrimination, simplicity, and transparency, and b) it grants people widespread freedom to experiment, innovate, and deviate from established practices and norms; but whether it can be made to work as intended depends on a number of variables in its design. I situate my research in the contemporary UBI debate around automation and technological development, which I interpret creatively through the lens of contemporary evolutionary political economy. I advance a syncretic model of institutional design based upon the shared insights of the Santa Fe, Neo-Hayekian, and Neo-Schumpeterian schools of evolutionary economics that, following Adam Thierer and Michael Munger, I call the framework of Permissionless Innovation (PI). Under the PI framework, which is a development of the tradition of evolutionary liberalism (Hume, Smith, Mandeville, Mill, Hayek, Polanyi, Schumpeter, Hodgson), individuals are granted the default right to innovate without having to ask for permission, and the right to basic income, which they can use to support their right to innovate, mutate, and experiment. This framework is a liberal framework to the extent it relies on widespread human freedom as a means of fostering innovation and social learning. And it is an evolutionary framework to the extent that it seeks to facilitate evolutionary socioeconomic processes for the sake of social progress and welfare advancement. I proceed to show, through an analysis of how innovation operates in both the economy and the cultural domain, that UBI can be used as an important cornerstone of an evolutionary liberal model of “ecostructural” governance that treats the socioeconomic order as an ecological garden of spontaneous growths, adaptations, and innovations. I call this the Permissionless Innovation Universal Basic Income (PIUBI) framework. In it, the right to innovate, deviate, and mutate is upheld as the “gold standard” of institutional design whereby individuals are granted widespread freedoms combined with the provision of UBI and other innovation-fostering (carefully bound) services and regulations. In the coming decades, UBI may even enable poor people to take better advantage of Human Enhancement Technologies (HETs) and other experimental innovations. Such a framework is compatible with a fast pace of evolutionary development, but the regulatory model accompanying such a framework must be capable of responding to evolutionary lock-ins, maladaptive innovations, self-destructive behaviour on the part of UBI recipients, and the management of catastrophic and existential risks. In the end, I will have shown that the PIUBI framework can be justified as a plausible default institutional mechanism for responding to radical uncertainty, but it needs to be experimentally adapted to changing circumstances with the help of various situation-specific, polycentric, multi-level, approaches. (shrink)

US Senate is considering legislation designed to immunize small businesses from lawsuits brought by customers alleging to have been infected with COVID-19 while on the premises. The legislation seeks to subsidize reopening small businesses by reducing their vulnerability to liability. I argue that the legislation produces worse public health outcomes than existing liability regimes, obliterates claims to redress supported by corrective justice, and unfairly burdens victims by forcing them to become de facto insurers of their injurers. In the US, (...) where health insurance is inextricably linked with employment, and during the pandemic with the consequent loss of employment, the legislation is cruel in addition to being ineffective, unjust, unfair and inappropriate. Since I first uploaded this manuscript to Philpapers, Senate Republicans have in fact introduced specific legislation that is marginally different than the one I discuss in the manuscript. Instead of offering blanket immunity, the current Republican proposal offers a series of substantial barriers both to filing lawsuits and to securing a successful verdict at trial. I discuss these as an addendum to the main paper. In short, though the changes impact some features of my argument, they do not alter any of the conclusions. The current proposal produces worse public health outcomes than would existing tort regime; it leaves the vast majority of those with legitimate claims to repair in corrective justice without a remedy, when providing the opportunity to secure a remedy for wrongs is in large measure, the essential nature of tort liability. Worse still, it continues to render victims the de facto insurers of those who have wronged them; it imposes the burden of spreading risks on victims who are considerably less efficient risk spreaders than are businesses and hospitals; it constitutes an inappropriate response to the challenge it seeks to address, i.e. subsidizing various sectors of the economy by reducing their overall costs; and given the fact that in the US health insurance is too closely linked to employment, it shifts the costs of the pandemic to those who are most at risk of losing their health insurance, rendering the proposal cruel in addition to inefficient, unjust, unfair and inappropriate. For those interested, I am considering a short op-ed piece assessing the particular legislative proposal. If I follow through I will let the readership know where that can be found. (shrink)

Philosophers have distinguished at least three different interpretations of Rawls’s difference principle. This principle claims that social and economic inequalities are to be arranged so that they are to the greatest benefit of the least advantaged. My aim in this paper is to show that according to the most attractive and plausible interpretation of that principle, which I call the reciprocity view, Rawls’s difference principle allows us to limit economic growth in order to preserve nature and protect the interests of (...) future generations, while still meeting the demands of justice concerning the least advantaged members of society. (shrink)

If the present generation refuses to bear the burden of mitigating global heating, could we motivate sufficient action by shifting that burden to our descendants? Several writers have proposed breaking the political impasse by funding mitigation through public debt. Critics attack such proposals as both unjust and infeasible. In fact, there is reason to think that some debt financing may be more equitable than placing the whole burden of mitigation on the present generation. While it might not be viable for (...) all countries to take this route simultaneously, a vanguard state, or group of states, could use public debt to fund an ambitious programme to develop inexpensive forms of clean low- or no-emission technology. This would ensure that vanguard actor or set of actors a leading role in those sectors while at the same time benefiting future generations around the world. -/- Key policy insights: (a) Debt-financed clean technology research can shift part of the burden of greenhouse gas mitigation to our descendants, breaking the political impasse of inaction or delayed action. (b) Far from being an injustice to future generations, this could actually be fairer than expecting the present generation to bear the full burden of mitigation. (c) Such an initiative may be most feasible if pursued by a vanguard actor. (shrink)

Nietzsche’s psychological theory of the drives calls into question two common assumptions of ideology critique: 1) that ideology is fetishistic, substituting false satisfactions for true ones, and 2) that ideology is falsification; it conceals exploitation. In contrast, a Nietzschean approach begins from the truth of ideology: that capitalism produces an authentic contentment that makes the concealment of exploitation unnecessary. And it critiques ideology from the same standpoint: capitalism produces pleasures too efficiently, an overproduction of desire that is impossible to sustain (...) indefinitely. Nietzsche’s concept of the drives (Trieben) is grounded in his theory of the will to power. In contrast to Freud’s view that drives aim at satiation, pleasure through stimulus reduction, in Nietzsche’s view, they aim primarily at the “feeling of power” and the “happiness of high tension.” Nietzsche sees the desire for satiation as a symptom of weakness, a secondary, contingent aim that is incompatible with the fundamental drive to sustain and heighten the feeling of tension that accompanies strong desire. While the Freudian subject desires satisfaction, the Nietzschean subject is paradoxically frustrated by satisfaction, finding happiness in desire sustained by resistance and tension. If individuals desire desire as such, then exploitation and immiseration are not necessarily incompatible with their happiness. Consequently, we must reject the view that ideology is fetishistic: capitalism does not depend on an ersatz satisfaction in the commodity, a transferal of value from quality to quantity, use value to exchange value. Capitalism authentically satisfies desire precisely through its exploitative economic structure. The independence and unpredictability of the value of commodities and the immiseration of laborers produces discontents that enhance rather than frustrate desire. By continually introducing new, initially inaccessible commodities, then overcoming their inaccessibility through overproduction, capitalism sustains and intensifies desires. It promotes happiness not by satisfying wants but generating them, feeding the desire for desire, for the intensity of feeling that the brief pleasures of satiation would destroy. The commodity is not, then, a fetish, not a false satisfaction or aim, but a means, a prop that supports and sustains satisfaction as continued desire. Consequently, we must also reject the view that ideology is falsification: capitalism’s efficient production of happiness obviates the need to conceal its nature. Individuals tolerate capitalism not out of ignorance of exploitation but indifference to it; they prefer real happiness to a merely possible justice that might come at its expense. The critique of ideology must begin by acknowledging its truth. Rather than deny the real satisfactions of capitalism, it must demonstrate that they are unsustainable. (shrink)

Nowadays the key to all aspects of development is human development, That Without it, development is not possible. In the Islamic system, the goal is the human resources And on the other hand is a key to development. The need to nurture body and soul has always been of interest to scholars at any time. From the beginning of creation until now, the issue of education, the most basic mission of the Prophet Followed by, in this context, intellectuals, imams and (...) leaders have to guide people. So management feature a country director to establish favorable conditions for the growth and modernization of society in the field of education. Thus, from the perspective of Nahj al-education of the community is the most important management tasks That it is not seen as just as good a job But the task that God has given to the ruler and general manager Country And include comprehensive topics that "Reasonable life" makes it possible for human beings. Islam not only training but consider: knowledge and to actualize the spiritual dimension of man Such as patience, effort and discover science. And these,Put in the context of the social life of all people. In my opinion Managers of the country, led by the Islamic ruling , By appropriate cultural context And using sound pedagogical methods and specialized knowledge, can prepare the community for justice. And benefit from all members of society for growth and development in all scientific disciplines, according to its comparative advantage. On the other hand The lack of social education in a society from the social morality will lead to reduced efficiency of the country's development. And makes stripping the security and safety of citizens. The duty of educational authorities and community leaders, including: take the social education according to the Humanities and Social Sciences And look at the traditions and cultural roots of the target population. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

In the Republic, the city-soul analogy made by Plato paves the way for the entire dialogue. The main interlocutors use the analogy to show the nature of justice and aim to prove that just people live better and are happier than unjust people, by establishing a city to which justice, as defined by them, is applied. Scholars have recently been debating the validity of this analogy. Some critics assert that there are several significant structural inconsistencies and logical misconceptions, (...) thus making the analogy fallacious; at the same time, there are proponents who write extensively in favor of this analogy and defend it against the objections raised. In this paper, I will re-examine passages in the Republic where the analogy first occurs, evaluate the critique made by Bernard Williams, and present arguments defending Plato’ strategy. Ultimately, I will show that Plato’ city-soul analogy is not as far-fetched as Williams argues and this analogy – as a crucial strategy of Plato’s – is efficient and powerful enough in showing the similarities between the city and the soul, for the interlocutors to justifiably and reasonably reach the conclusion that the justice of the individual is the same as that of the city. (shrink)

Charles Murray describes himself as a libertarian, most notably in his short book, What it Means to be a Libertarian. He might more accurately have described himself as having libertarian tendencies. My reading of Simple Justice is that the views it espouses are far more traditionalist than libertarian. Neither traditionalist state-retribution nor modernist state-leniency is libertarian. Nor does either provide as just or efficient a response to crime as does libertarian restitution, including restitutive retribution. Here, I shall respond directly (...) only to Murray's views, rather than also deal with state-leniency. This is because I accept Murray's thesis, without endorsing his specific arguments for it, that state-leniency is disastrous as a response to crimes against persons and their justly acquired property. (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)

Consider the following argument for school choice, based on an appeal to the virtues of the market: allowing parents some measure of choice over their particular children's education ultimately serves the interests of all children, because creating a market mechanism in state education will produce improvements through the same pressures that lead to greater efficiency and quality when markets are deployed in more familiar contexts. The argument fails, because it is committed to a principle of equal concern, which implies (...) that a market in education is acceptable only if it is right to hold children disadvantaged by their parents' poor market choices substantively responsible for the fact. Since that claim is untenable, the market‐based argument for school choice not only fails, but also turns out to rely on principles which in fact condemn the very policy it was supposed to support. (shrink)

The Polluter Pays, Then Receives (PPTR) principle claims that, had an agent innocently benefited from climate change, it owes moral obligations to the polluters who contributed to a warmer globe. This critical review assesses the evidence, the externalities argument, and the luck egalitarian approach and suggests that there are profound flaws in each of them. In consequence, the PPTR fails to accomplish its objective to incentivise efficient practices since polluting should neither be incentivised nor considered an efficient practice.

Rawlsian justice as fairness is neither fundamentally luck egalitarian nor relational egalitarian. Rather, the most fundamental idea is that of society as a fair system of cooperation. Collective pensions provide a case study which illustrates the fruitfulness of conceiving justice in these latter terms. Those who have recently reached the age of majority do not now know how long they will live in retirement or how well any investments they try to save up for their retirement would fare. (...) From the perspective of the beginning of their working lives, it is therefore rational for each to enter into an agreement with others, who also do not yet know their fates, that, if one turns out to be among the unfortunate whose private pension pots would not have yielded enough for one’s retirement, one will receive much more in retirement, whereas those whose pension pots would have overflowed their retirements will receive somewhat less. These terms are to each person’s expected advantage, which is made possible by a fair sharing of the fruits of social cooperation which arise through the efficiencies reaped by the pooling of the risk of outliving what one could save for one’s retirement on one’s own. It is rational for each to agree to share one another’s fates by pooling risks across both space and time, on fair terms of social cooperation for mutual advantage. Even when collective pensions arise from, and are proportional to, a baseline of unequal income, they can be defended on grounds of reciprocity involving regard for one another as equals. (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)

Rather than answering the broad question, ‘What is a just income?’, in this essay I consider one component of income—economic rent—under one understanding of justice—as giving people what they deserve. As it turns out, the answer to this more focused question is ‘no’. People do not deserve their economic rents, and there is no bar of justice to their confiscation. After briefly covering the concept of desert and explaining what economic rents are, I analyze six types of rent (...) and show that each is unjustified from the point of view of desert. I conclude by drawing some political and economic lessons from the preceding analysis, and by describing how these considerations can create a more just and efficient economy. (shrink)

A study was conducted on ethical leadership in institutions of higher education. Objectives of the study were: (i). Illustrate theories of ethical leadership in higher education institutions; (ii) Determine importance of ethical leadership in higher education institutions; and (iii) Determine challenges facing ethical leadership in institutions of higher learning. The total number of written texts sampled was 32. The researcher employed non-probability sampling. The type employed was online convenience sampling using web scraping. The interpretivism philosophical assumption led this investigation, and (...) the qualitative approach was used. Case study was employed as a design and content analysis as a data analysis tool. The study found out that ethical leadership is essential in higher education institutions because it establishes a solid ethical foundation, fosters an environment of integrity, and contributes to the institutions' long-term success and viability. It acts as a model for all stakeholders, motivating them to follow ethical concepts and values in their academic pursuits and institutional responsibilities. The challenges of ethical leadership in higher education institutions range from fiscal limits to issues about diversity, governance, and technology. It is vital for higher education institutions to address these concerns in order to maintain their integrity and efficiency. Recommendations included but were not limited to the following: (i)Ethical leaders should model the behaviour they expect from their staff and students. Show integrity, honesty, and justice in your acts and decisions; (ii) Establish Clear Ethical Standards: Develop an ethical code or set of fundamental ideas for your educational community. Ensure that these expectations are communicated to all stakeholders, including staff, students, parents, and the general public;(iii). Encourage Open Communication: Create an environment in which faculty and students can express concerns and report unethical behaviour. Encourage transparency and active listening while responding to remarks; and (iv). Ethical Decision-Making Training: Provide leaders and personnel with ethical decision-making training and professional development opportunities. Use case studies and real-life occurrences to help in discussions about ethical quandaries. (shrink)

Investments in mitigating climate change have their greatest environmental impact over the long term. As a consequence the incentives to invest in cutting greenhouse gas emissions today appear to be weak. In response to this challenge, there has been increasing attention given to the idea that current generations can be motivated to start financing mitigation at much higher levels today by shifting these costs to the future through national debt. Shifting costs to the future in this way benefits future generations (...) by break- ing existing patterns of delaying large-scale investment in low-carbon energy and efficiency. As we will see in this chapter, it does appear to be technically feasible to transfer the costs of investments made today to the future in such a way that people alive today do not incur any net cost. the aim of this chapter is to take seriously the possibility that climate change has produced an extremely intractable political problem and that we must now consider strong measures that can break existing patterns of delaying mitigation. I defend the claim that if climate change involves a stark conflict of interests between current and future generations, then borrowing from the future would be both strategically and normatively much better than the status quo. Nevertheless, I challenge the borrowing from the future proposal on the grounds that it is not in fact the powerful tool for motivating existing agents that its proponents imagine it to be. The purpose of developing this critical argument is not, however, simply to throw doubt onto the idea of borrowing from the future. If we really do find ourselves in a political context where the prospects for effective action are very poor then strategic forms of buck-passing may make an important positive contribution to avoiding dangerous global cli- mate change. Consequently, if debt financing is not as powerful of a motivational tool as imagined we still have strong reasons, I will argue, to identify other strategies that will change agents’ incentive structures. To this end, I propose an alternative form of passing on the costs of mitigation to the future that warrants consideration. (shrink)

A fiscal administration shows the reality of government and public organization in their provision of public good or service for the citizen. It is an independent subject from the accounting, economic, political, and legal science, which is interdisciplinary and strives for any distinct goal of studies. A fiscal sustainability perhaps would be one ideal that this science would flounder to crystallize and hold out. The studies would be similar to the adjacent sciences, but could be defined ultimately for its unique (...) feature or characteristic. The accounting or accounting sciences would aim to set forth the standards of evaluating the operation and asset or debt as well as the formality to show the numerical status or assessment for the businesses, mainly private and secondarily public. The fiscal administration involves these aspects, but there are many other elements to inculcate the minds of fiscal researcher, such as public ideals or social justice beyond the math or numerical requirements. The economic science would guide the criterion of practice for the government or public organization when they contemplate on the fiscal issues or challenges. The efficiency of budget or basic concepts, i.e., scanty resources or appropriability problem, non-exclusion and non-exhaustion, eminent dichotomy between the private and public sectors or privatization, distinction between provision and production, and so on, would divulge a close dialogue and interactive understanding between the two sciences. Nevertheless, there are differences being present invariably and conceptually between them. For example, the market failure perhaps would be one stigmatic condition to increase the profile of fiscal science. A provision anticipated from the government had been defined far earlier from the classic thought, such as police and national defense. We may share the economic idea, such as Pareto criterion, but the fiscal administration would phase out a multifaceted interplay, principally because it concerns of rule of government and because of its general absoluteness. Many artificial and institutional assumption and terms would variegate the pure theory of Pareto optimal to struggle in the cause of immeasurable kinds of values or concepts. For example, democracy is based on the head count and generally from the value of equal voting in deciding a fiscal issue. The bloated payroll would perhaps presuppose an odd reality deviated from the Pareto ideals, and the logrolling or lobbying would upstage or provide a culprit to breach the economic ways of interaction or commandment. In some cases, they trade a vote to pass the public hurdle that misallocates the resources for less than efficient public programs. Nevertheless, it explains the place where we now stand, and the macro-economy or the kind of thoughts would be considered as most approximated with the quality of fiscal studies. The science of fiscal administration would not disappear unless our reality would be purified, as the economic thought espoused, for the idealistic liberal market or communism. In both cases, the government would no longer be necessary and the fiscal administration is never demanded. It also would be denied if the communist ideals would become a reality any ultimately, say, perish of government and idealistic friendship of working class without exploitation. This means the fiscal administration is a practical science, not merely a theoretical framework, which is to be investigated and approached for the kind of hybrid products. As the political science is basically a bland product on the concept of political power, it could be intermingled with the fiscal science partly in areas of thought, but be made distinct among another. (shrink)

For over two decades now, Sub-Saharan Africa has been superimposed in a coercive and contradictory neo-liberal development economism agenda. According to this paradigm, markets and not states are the fundamental determinants of distributive justice and human flourishing through the promotion of economic growth that is believed to trickle down to the poor in due time. Despite the global intellectual criticism of this neo-liberal development economics orthodox of measuring development and wellbeing in terms of market induced economic growth, autocratic states (...) in Sub-Saharan Africa that have accumulated un-dimensional growth continue to be applauded as role models on poverty reduction, wellbeing and social justice by donors and global development institutions such as the World Bank and international monetary fund (IMF). This is basically because they have wholly embraced the implementation of the anti-pro-poor neo-liberal structural adjustment tool kit. This study uses a critical hermeneutics methodology to expose the distortions embedded in neo-liberal gross domestic product (GDP) growth cartographies and how these disguise the social injustices against the poor in Sub- Saharan Africa with particular reference to Uganda. The study contends that in measuring development and wellbeing, human rights and social justice must take precedence over economic efficiency and GDP growth for that matter. (shrink)

The financial turmoil of the past several years has caused many to question the integrity, stability, and very purpose of financial systems which, in today’s world, represent a unique blend of primarily capitalism but also aspects of socialism and collectivism as well. A key factor contributing to this sustained period of economic upheaval has been the uncertainty surrounding capital markets – the fuel that powers all modern economies. Capital markets have, in the minds of many, come to represent the embodiment (...) of greed, unrestrained egoism, and exploitation of the vulnerable – conceptions at complete odds with the central values of social justice as set forth in both Christian and Jewish primary sources: caring for the poor, protecting the weak, and the promotion of justice. -/- In this paper I argue that capital markets, rather than being a means for the powerful to exploit the weak, have in fact become a force for social good in the aggregate. Indeed capital markets are, in fact, a social contract and as such must be governed by a set of normative ethical principles – both self imposed, and imposed by government regulation. I explore the ethical difficulties that have led to the systemic problems and market failures that lead to not only this current financial crisis, but literally all financial crises over the past eight hundred years. Capital markets, left to their own devices and without both self and governmental oversight, quickly become hotbeds of manipulation and exploitation. In order for markets to function properly, principles of basic fairness must become normative. It is when capital markets become unfair and unjust, that they fail. Thus, these markets must be structured in such a way as to 1) promote Rawl’s “Justice as Fairness” principle and 2) align the interests of market participants to produce universally beneficial market efficiency and stability. -/- Finally, I propose concrete ways in which the power of capital markets may be harnessed to promote the central moral values of Christian tradition and be used by people of faith to promote the ideals of social justice. (shrink)

The proposition that digital innovations can put people in charge of their health has been accompanied by prolific talk of empowerment. In this paper we consider ethical challenges and opportunities of trying to achieve justice and empowerment using digital health initiatives. The language of empowerment can misleadingly suggest that by using technology, people can control their health and take responsibility for health outcomes to a greater degree than is realistic or fair. Also, digital health empowerment often primarily reaches people (...) who already have high technological and health literacy, leaving others behind. We critically investigate whether the concept of health empowerment could be re-engineered to mean something different, namely the process of improving the health literacy and access of those who least possess it, in line with recent proposals for conceptual engineering in the service of justice. We settle on the weaker conclusion that underlying ethical values including justice should be used to interpret the existing concept of empowerment. To conclude, we take a high-level view of various strategies for achieving the ethical value associated with digital health empowerment. (shrink)

Reference to the state is ubiquitous in debates about global justice. Some authors see the state as central to the justification of principles of justice, and thereby reject their extension to the international realm. Others emphasize its role in the implementation of those principles. This chapter scrutinizes the variety of ways in which the state figures in the global-justice debate. Our discussion suggests that, although the state should have a prominent role in theorizing about global justice, (...) contrary to what is commonly thought, acknowledging this role does not lead to anti-cosmopolitan conclusions, but to the defense of an “intermediate” position about global justice. From a justificatory perspective, we argue, the state remains a key locus for the application of egalitarian principles of justice, but is not the only one. From the perspective of implementation, we suggest that state institutions are increasingly fragile in a heavily interdependent world, and need to be supplemented—though not supplanted—with supranational authorities. (shrink)

The article explores the problem of preferable technological changes in the context of work. To this end, it addresses the ‘why’ (motives and values) and the ‘how’ (organizational forms) of automation from a normative perspective. Concerning the ‘why,’ automation processes are currently mostly driven by values of economic efficiency. Yet, since automation processes are part of the basic structure of society, as is the division of labor, considerations of justice apply to them. As for the ‘how,’ the article (...) suggests ‘fair hybrid cooperation’ as an alternative ideal to guide automation priorities. It is achieved when the division of labor between humans and machines does not hinder, and preferably enables, workers’ experience of certain primary qualities in their work activity. By analogy with Rawls’ primary goods, these are qualities that it is necessary for every worker to experience in order to pursue their life plans: security, self-direction, self-development, dignity, and recognition. According to this criterion, the tasks to automate first are those hindering these contributive primary qualities. This provides us with a normative vocabulary and a standard to orient automation decisions but also to assess existing organizational forms and envisage alternative cooperative imaginaries. To illustrate how the ideal may play out in the real world, the article concludes with a ‘fair hybrid cooperation test’ and a nurse bots case for meaningful work. (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)

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.

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)

‘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)

Abstract: Purpose - This study aimed to analyze the relationship between the determinants of organizational justice and their relationship to conscientious behavior from the point of view of officers working in the Palestinian police in Gaza Strip. Methodology - The study relied on the descriptive and analytical approach, using the questionnaire, targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers. The study tool was distributed among (...) the sample members in all departments and governorates. Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%). Findings - The existence of a positive correlation between the determinants of organizational justice and the behavior of conscience, and the existence of organizational justice in general in a medium degree and the order of its determinants is as follows: fairness of dealings and to a large degree, followed by fairness of procedures and a medium degree, and finally distribution fairness was to a small degree, while the behavior of conscience awareness came to a large extent. Significance - The existence of statistically significant differences between the respondents' averages of responding to the searched relationship due to the variables (type of administration, age group, job title, military rank, years of service). Recommendations - Work to take into account the fairness of distribution by providing adequate and fair salaries, granting bonuses for the additional efforts exerted, and budgeting in the distribution of duties and job burdens, as well as recommending attention to the interests of employees when making decisions and involving them in formulating them, explaining their justifications, and creating an organizational climate dominated by a sense of justice. (shrink)

How does empire become transposed onto justice? There are two kinds of question here, one historical the other conceptual, though they are often entwined. First, we may ask whether there are particular arguments about justice that were subsequently used in the justification of empire or colonialism. Or, we may seek to trace the conceptual structure of argu- ments justifying imperialism to their roots in particular philosophical views, debunking their supposed universalism.3 Second, we may ask about the very nature (...) of the concept of global justice and the values it expresses in relation to other important values. Is the very notion of global justice imperialistic, just because it claims there are universal values applicable to everyone everywhere, whatever their particular ways of life or worldviews? (shrink)

This paper explores the feasibility of offering a restorative justice (RJ) approach in cases of domestic violence (DV). I argue that widely used RJ processes—such as ‘conferencing’—are unlikely to be sufficiently safe or effective in cases of DV, at least as these processes are standardly designed and practiced (Sections 1-6). I then support the view that if RJ is to be used in cases of DV, then new specialist processes will need to be co-designed with key stakeholders to ensure (...) they embody not only RJ principles, but also feminist theory and the concept of transformative justice (Section 7). (shrink)