The concept of Sustainable Public Procurement (SPP) has attracted the interests of academics, practitioners, policymakers and the media recently. The interest can be attributed to the strategic role of purchasing and supply chain as a lever for sustainable development. Despite the enormous amount of funds spent on public procurements in South Africa annually, tender irregularities, corrupt practices, non-compliance and lack of knowledge, casts doubts on its role in fostering sustainable development. An in-depth literature review on SPP implementation (...) was adopted to analyse the manner in which sustainability could be realised through regulation, implementation and monitoring compliance of relevant environmental policy instruments. This approach is used to determine how due consideration of sustainable procurement has been used as a tool to enhance social, economic and environmental sustainability. This article notes that in many developed and developing countries, the dare need of technical and management competence, cultural assimilation, high costs of funding sustainable procurement projects and transparency on the part of managers among others are sighted as factors plaguing the growth of sustainable procurement practices in most institutions. Further, this paper puts forth the argument that implementation of sustainable procurement policies alone, will not necessarily help in the achievement of the developmental objectives, but due consideration should be given to capacity building and collaboration with relevant units of government, whilst also integrating social and economic policies, into the formulation of tender documents and selection of suppliers. This paper posits that to overcome these challenges faced by South Africa, it is important that all stakeholders including the government, researchers and other agencies should construct a synergy capable of addressing salient issues for progressive sustainable procurement policies and actions, through the incorporation of sustainable procurement practices into the mainstream of both the public and private organisations through relevant legislations, policies and regulatory frameworks. (shrink)

FinTech -- along with the blockchain, other distributed ledger, smart contract, and tokenization usually assumed to accompany it -- could change the way governments procure goods and services. Procurement authorities and procurement law can play a vital role in the development of FinTech. They can help build the FinTech platforms and ecosystems that help them engage in public procurement. They should not try to procure such FinTech outright. At the national level, regulators should not just leave (...) FinTech rulemaking up to financial regulators. Contracting authorities should not just develop or use their own selected FinTech applications willy-nilly. They should contribute to overall changes in procurement law - which extend far beyond simple supervisory or regulatory technologies (RegTech/SupTech). Governments should get serious about the Agreement on Government Procurement and similar treaties - by creating a new authority to help develop the law needed to put FinTech-enabled procurement platforms in place. China’s own world-leading FinTech and cross-border public procurements do not always contribute to a global level playing field. Any FinTech applications facilitating public procurement should thus encourage compliance with the procurement law legal principles the international community has developed over decades. (shrink)

The paper provides a brief analysis of Afghanistan's public procurement reform. It describes the contents of the reform, the change process, and identifies the key elements of its success. The paper also discusses the challenges and resistance to reform by its stakeholders and provides policy recommendations.

Goal: To assess public knowledge and attitudes towards the family’s role in deceased organ donation in Europe. -/- Methods: A systematic search was conducted in CINHAL, MEDLINE, PAIS Index, Scopus, PsycINFO, and Web of Science on December 15th, 2017. Eligibility criteria were socio-empirical studies conducted in Europe from 2008 to 2017 addressing either knowledge or attitudes by the public towards the consent system, including the involvement of the family in the decision-making process, for post-mortem organ retrieval. Screening and (...) data collection were performed by two or more independent reviewers for each record. -/- Results: Of the 1482 results, 467 studies were assessed in full-text form, and 33 were included in this synthesis. When the deceased has not expressed any preference, a majority of the public support the family's role as a surrogate decision-maker. When the deceased expressly consented, the respondents' answers depend on whether they see themselves as potential donors or as a deceased's next-of-kin. Answers also depend on the relationship between the deceased and the decision-maker(s) within the family, and on their ethnic or cultural background. -/- Conclusions: Public views on the authority of the family in organ donation decision-making require further research. A common conceptual framework and validated well-designed questionnaires are needed for future studies. The findings should be considered in the development of Government policy and guidance regarding the role of families in deceased organ donation. (shrink)

Corruption in public institutions is a significant problem that stifles economic, social and environmental development worldwide. This predominates when there is a lack of transparency, inadequate record-keeping, and low public accountability. Accordingly, the questions this paper intends to provide answers to are two-fold. Firstly, what are the recurring patterns of procurement corruption in the South Africa (SA) public sector? Secondly, how can digital technology deployment assist in checking this trend? Desktop method was adopted through literature examination (...) of studies relating to corruption, procurement, blockchain and digitization. We conclude by proposing a model/framework for adopting and using blockchain technology in public institutions to minimise corruption and the time taken for contract document preparation and acceptance. This study contributed to knowledge by evaluating the issues associated with public procurement and how blockchain and digitization can be adopted to help stern the tide of corruption in public institutions. (shrink)

Abstract: Public procurement is the acquisition of right goods, works and services required to satisfy certain needs at the right time, from the right supplier, in the right quantities, in the right quality, and at the right price. Worldwide it accounts 10% – 30 % of GNP while in Tanzania it accounts for about more 45% of the total budget. Appropriate procurement system in the public sector is a tool for achieving political, economic and social goals. (...) The research examined the impact of the capacity building on the performance of LGAs procurement function, was conducted in Tanzania to the four regions in 2018, comprised a sample size of 224 respondents from eight Local Government Authorities (LGAs). Qualitative and quantitative data were collected, employed the case study method intended to the Evaluate Assessment of Capacity Building Programme on the Performance of LGAs procurement functions. The study revealed that procurement functions have improved because of the intervention of capacity building such as the improvement of the; Use and application of PPA and PPR, use and application of Procurement Planning, use and application of Contract Management and Administration, use procurement record keeping and reporting, use and application of PMIS & Other Procurement Systems, appropriate Tendering Process. Also, the researchers have revealed challenges hindering LGAs procurement system such as; lack training, unpredictable funds flow and political interference. Moreover, based on the contributions attributed by the capacity building further research can be undertaking to measure the impact of capacity building in the other areas apart from procurement field such as; health, agriculture, good governance and so on. In addition to that, another research can be undertaken to assess the factors hindering the performance of LGAs procurement system. (shrink)

Background: Several countries have recently changed their model of consent for organ donation from opt-in to opt-out. We undertook a systematic review to determine public knowledge and attitudes towards these models in Europe. Methods: Six databases were explored between 1 January 2008 and 15 December 2017. We selected empirical studies addressing either knowledge or attitudes towards the systems of consent for deceased organ donation by lay people in Europe, including students. Study selection, data extraction, and quality assessment were conducted (...) by two or more reviewers independently. Findings: Awareness of the consent model was lower in opt-out countries than in opt-in countries. A majority of the public agrees with opt-in, regardless of the law in their own country. There are ambivalent attitudes regarding the opt-out system. The public tend to prefer opt-in and mandatory choice over opt-out when several options are offered. Interpretation: The assumption that people in opt-out countries are aware of the legal requirements to be excluded from the pool of potential donors is not supported by the results of this review. This is a concern, since ignorance hinders people's autonomy regarding organ donation decision-making. Higher awareness of consent model in opt-in countries may reflect greater efforts to inform the public through campaigns to motivate donation. Legal moves towards opt-out are at odds with people's expressed preferences. Main limitations of this review are the lack of data from some countries, study population heterogeneity, and methodological shortcomings. (shrink)

Altruism and solidarity are concepts that are closely related to organ donation for transplantation. On the one hand, they are typically used for encouraging people to donate. On the other hand, they also underpin the regulations in force in each country to different extents. They are often used indistinctly and equivocally, despite the different ethical implications of each concept. This paper aims to clarify to what extent we can speak of altruism and solidarity in the predominant models of organ donation. (...) It also raises the ethical question of whether these categories are adequate as a basis for such models, bearing in mind that organs are a scarce resource and that a shortage of them may mean that fewer lives are saved or improved. (shrink)

Despite the changes in human behaviour and interactions occasioned by the COVID-19 pandemic, many institutions are yet to adapt to the new normal fully. While some educational institutions switched entirely to e-learning to promote teaching and learning, others could not offer education due to physical and social restrictions. Previous studies in Africa have identified reasons for the poor ICT adoption for educational purposes. However, the degree to which these factors affect ICT utilisation is barely analysed. Using a quantitative approach, this (...) study assessed ICT deployment for teaching in the COVID-19 era by focusing on their availability and challenges. A sample of 344 respondents from a population of 2,867 academic staff at two Nigerian public universities participated in the study. After receiving face validity from experts, a structured questionnaire was used for data collection. Cronbach alpha reliability indices of the questionnaire ranged from 0.72 to 0.94. Descriptive statistics (simple percentages, mean, and standard deviation) and inferential statistics (one-way ANOVA) were used for data analysis. Findings generally revealed a moderate extent in the availability of ICT resources in public universities. The cost of data, computer literacy, and electricity supply are challenges that significantly affected ICT deployment in the COVID-19 era. Based on this finding, it was concluded that personal and institutional challenges affect how ICT resources are deployed in public universities. It was recommended, among other things, that the management of each tertiary institution should apportion proceeds from internally generated revenue to procure ICT resources specific to the need of the school. The study provides the ground for further research into students’ use of ICT for educational purposes. (shrink)

According to Streeck and Vogl, the neoliberalization of the state has been the result of political-economic developments that render the state dependent on financial markets. However, they do not explain the discursive shifts that would have been required for demoting the state to the role of an agent to bondholders. I propose to explain this shift via the performative effect of neoliberal agency theory. In 1976, Michael Jensen and William Meckling claimed that corporate managers are agents to shareholding principals, which (...) implied that their main task was the procurement of shareholder value. Agency theory subsequently prescribes a series of measures to ensure the alignment of principal and agent interests in corporations. The diffusion of agency theory, however, moved beyond corporate governance to reconfigure the state. Due to its reliance on capital markets, the state supposedly likewise becomes an agent of the investment public and should procure bondholder value. (shrink)

Alireza Bagheri supports a policy on organ procurement where individuals could choose their own definition of death between two or more socially accepted alternatives. First, we claim that such a policy, without any criterion to distinguish accepted from acceptable definitions, easily leads to the slippery slope that Bagheri tries to avoid. Second, we suggest that a public discussion about the circumstances under which the dead donor rule could be violated is more productive of social trust than constantly moving (...) the line between life and death. (shrink)

This paper analyses the arguments for and against what we have called automatic organ procurement model in relation to the organs of the deceased. For this purpose, this work provides empirical evidence to assess the potential impact of this model on donation rates and on public opinion. Specifically, we examine first the reasons supporting this model, with special reference to utilitarian and justice arguments. On the other hand, we analyse both the approaches based on the violation of pre (...) mortem and post mortem interests opposing this theoretical model and the rejection the model would generate in the population. Finally, we point out the aspects that, in our opinion, should be exhaustively regulated if this model were implemented. In particular, we refer to the legal status of the human body, the treatments for end-of-life patients, the incentives for health professionals and the recognition of the right to conscientious objection. (shrink)

This study linked strategic planning and staff management relatively and cumulatively to the effectiveness of post-graduate programmes at two public Nigerian universities. The study was directed by the formulation and testing of three null hypotheses. The entire population of 157 administrators (including 24 deans and 133 HODs) participated in a survey, where a questionnaire was used to elicit responses. The questionnaire was designed by the researcher but validated by five experts. The reliability for internal consistency was determined using Cronbach’s (...) alpha, with acceptable indices. Data obtained were analysed using Pearson correlation and multiple linear regression analyses. In a bivariate sense, both strategic planning and staff management significantly correlated with the effectiveness of post-graduate programmes respectively. Cumulatively, the two predictors are responsible for explaining 57% of the variation in the effectiveness of post-graduate programmes, with the remaining 43% of the unexplained variance attributable to other extraneous variables. The composite contribution of the two predictors was verified to be statistically significant. Staff management was the strongest predictor ahead of strategic planning. It was recommended, among other things, that the coordinator of post-graduate programmes should ensure that plans are made concerning the procurement and maintenance of facilities that will be required for the smooth running of the programmes in graduate schools. (shrink)

The study evaluated primary texts' availability and utilisation status in core subjects (English Language, Mathematics, Social Studies and Basic Science) in primary schools’ libraries in Obubra Local Government Area of Cross River State. The researchers formulated six null hypotheses to guide the study. The study adopted the descriptive survey research design. The target population of this study comprised a total of 30,036 teachers and pupils, distributed across the 73 public primary schools. A proportionate stratified sampling technique was used to (...) select 30% and 5% of the available teachers and pupils in each school, resulting in a sample of 270 respondents. Two instruments were used for data collection: Availability and Pupils Utilisation of Primary Texts in Core Subjects Questionnaire (APUPTCSQ) and Teachers Utilization of Primary Texts in Core Subjects Questionnaire (TUPTCSQ). Collected data were analysed using descriptive statistics, while the null hypotheses were all tested at the .05 level of significance using population t-test and independent t-test statistical techniques. Findings revealed that textbooks in core subjects are available to a significant extent; the utilisation status of texts in core subjects is not significantly low; the available books in core subjects are not considerably utilised by the pupils and teachers respectively; factors affecting availability are not substantially different from those affecting utilisation of textbooks in core subjects in the area of study. Based on the study's findings, it was recommended, among others, that textbooks be procured and distributed evenly across all subjects and schools in the Local Government Area by the Government. Outdated books should also be eliminated from the school libraries frequently by the primary school librarians or other people assigned to do so. (shrink)

This essay, based on data referring to Brazil and Spain, addresses aspects relevant to the scenario of organ donation and transplantation, such as the relationship between supply and demand, current legislation, costs, and possible improvements to increase donation rates and performance in the transplantation process as a whole. The objective is to present current empirical data that increase the relevant empirical knowledge for the bioethical evaluation in an organized way. The two countries stand out when it comes to transplants, Brazil, (...) because it has the largest public system of organ transplants in the world; Spain, for decades the highest rate of effective donor per million inhabitants. Our initial data analyses suggest the need to deal more explicitly with the interests of those affected and with the public opinion, within a systemic articulation between legislation, evidence-based public policies, and research. (shrink)

Public reason liberals expect individuals to have justificatory reasons for their views of certain political issues. This paper considers how groups can, and whether they should, give collective public reasons for their political decisions. A problem is that aggregating individuals’ consistent judgments on reasons and a decision can produce inconsistent collective judgments. The group will then fail to give a reason for its decision. The paper considers various solutions to this problem and defends a deliberative procedure by showing (...) how it incentivizes information sharing and leads to outcomes most acceptable to the group members. (shrink)

Sociology, as conceived by Comte, was to put an end to the anarchy of opinions characteristic of liberal democracy by replacing opinion with the truths of sociology, imposed through indoctrination. Later sociologists backed away from this, making sociology acceptable to liberal democracy by being politically neutral. The critics of this solution asked 'whose side are we on?' Burawoy provides a novel justification for advocacy scholarship in sociology. Public sociology is intended to have political effects, but also to be funded (...) by the politically neutral state. He argues that public sociology is institutionally neutral, but that committing to an organic relation with a social movement is legitimate as a matter of the sociologist's personal value choice. Although this produces side-taking sociology, by improving the case for particular standpoints it serves to improve democratic discussion generally, which is an appropriately neutral public aim. (shrink)

According to Karl Popper, science cannot verify its theories empirically, but it can falsify them, and that suffices to account for scientific progress. For Popper, a law or theory remains a pure conjecture, probability equal to zero, however massively corroborated empirically it may be. But it does just seem to be the case that science does verify empirically laws and theories. We trust our lives to such verifications when we fly in aeroplanes, cross bridges and take modern medicines. We can (...) do some justice to this apparent capacity of science to verify if we make a number of improvements to Popper’s philosophy of science. The key step is to recognize that physics, in accepting unified theories only, thereby makes a big metaphysical assumption about the nature of the universe. The outcome is a conception of scientific method which facilitates the criticism and improvement of metaphysical assumptions of physics. This view provides, not verification, but a perfect simulacrum of verification indistinguishable from the real thing. (shrink)

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or not while alive) (...) regarding the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws. (shrink)

Families play an essential role in deceased organ procurement. As the person cannot directly communicate his or her wishes regarding donation, the family is often the only source of information regarding consent or refusal. We provide a systematic description and analysis of the different roles the family can play, and actions the family can take, in the organ procurement process across different jurisdictions and consent systems. First, families can inform or update healthcare professionals about a person’s donation wishes. (...) Second, families can authorize organ procurement in the absence of deceased’s preferences and the default is not to remove organs, and oppose donation where there is no evidence of preference but the default is to presume consent; in both cases, the decision could be based on their own wishes or what they think the deceased would have wanted. Finally, families can overrule the known wishes of the deceased, which can mean preventing donation, or permitting donation when the deceased refused it. We propose a schema of 4 levels on which to map these possible family roles: no role, witness, surrogate, and full decisional authority. We conclude by mapping different jurisdictions onto this schema to provide a more comprehensive understanding of the consent system for organ donation and some important nuances about the role of families. This classificatory model aims to account for the majority of the world’s consent systems. It provides conceptual and methodological guidance that can be useful to researchers, professionals, and policymakers involved in organ procurement. (shrink)

Current technology and surveillance practices make behaviors traceable to persons in unprecedented ways. This causes a loss of anonymity and of many privacy measures relied on in the past. These de facto privacy losses are by many seen as problematic for individual psychology, intimate relations and democratic practices such as free speech and free assembly. I share most of these concerns but propose that an even more fundamental problem might be that our very ability to act as autonomous and purposive (...) agents relies on some degree of privacy, perhaps particularly as we act in public and semi-public spaces. I suggest that basic issues concerning action choices have been left largely unexplored, due to a series of problematic theoretical assumptions at the heart of privacy debates. One such assumption has to do with the influential conceptualization of privacy as pertaining to personal intimate facts belonging to a private sphere as opposed to a public sphere of public facts. As Helen Nissenbaum has pointed out, the notion of privacy in public sounds almost like an oxymoron given this traditional private-public dichotomy. I discuss her important attempt to defend privacy in public through her concept of ‘contextual integrity.’ Context is crucial, but Nissenbaum’s descriptive notion of existing norms seems to fall short of a solution. I here agree with Joel Reidenberg’s recent worries regarding any approach that relies on ‘reasonable expectations’ . The problem is that in many current contexts we have no such expectations. Our contexts have already lost their integrity, so to speak. By way of a functional and more biologically inspired account, I analyze the relational and contextual dynamics of both privacy needs and harms. Through an understanding of action choice as situated and options and capabilities as relational, a more consequence-oriented notion of privacy begins to appear. I suggest that privacy needs, harms and protections are relational. Privacy might have less to do with seclusion and absolute transactional control than hitherto thought. It might instead hinge on capacities to limit the social consequences of our actions through knowing and shaping our perceptible agency and social contexts of action. To act with intent we generally need the ability to conceal during exposure. If this analysis is correct then relational privacy is an important condition for autonomic purposive and responsible agency—particularly in public space. Overall, this chapter offers a first stab at a reconceptualization of our privacy needs as relational to contexts of action. In terms of ‘rights to privacy’ this means that we should expand our view from the regulation and protection of the information of individuals to questions of the kind of contexts we are creating. I am here particularly interested in what I call ‘unbounded contexts’, i.e. cases of context collapses, hidden audiences and even unknowable future agents. (shrink)

Although critics often argue that the new atheists are arrogant, dogmatic, closed-minded and so on, there is currently no philosophical analysis of this complaint - which I will call 'the vice charge' - and no assessment of whether it is merely a rhetorical aside or a substantive objection in its own right. This Chapter therefore uses the resources of virtue epistemology to articulate this ' vice charge' and to argue that critics are right to imply that new atheism is intrinsically (...) epistemically vicious, and it ends with some remarks about the rationality of allowing such intrinsically vicious doctrines to feature within public debate about important matters concerning science, religion, and politics. (shrink)

Public reason as a political ideal aims to reconcile reasonable disagreement; however, is public reason itself the object of reasonable disagreement? Jonathan Quong, David Estlund, Andrew Lister, and some other philosophers maintain that public reason is beyond reasonable disagreement. I argue this view is untenable. In addition, I consider briefly whether or not two main versions of the public reason principle, namely, the consensus version and the convergence version, need to satisfy their own requirements. My discussion (...) has several important implications for the debate on public reason. (shrink)

It is widely agreed that one of the core functions of government is to supply public goods that markets either fail to provide or cannot provide efficiently. I will suggest that arguments for government provision of public goods require fundamental moral judgments in addition to the usual economic considerations about the relative efficacy of markets and governments in supplying them. While philosophers and policymakers owe a debt of gratitude to economists for developing the theory of public goods, (...) the link between public goods and public policy cannot be forged without moral reflection on the proper function and scope of government power. (shrink)

The public rejection of scientific claims is widely recognized by scientific and governmental institutions to be threatening to modern democratic societies. Intense conflict between science and the public over diverse health and environmental issues have invited speculation by concerned officials regarding both the source of and the solution to the problem of public resistance towards scientific and policy positions on such hot-button issues as global warming, genetically modified crops, environmental toxins, and nuclear waste disposal. The London Royal (...) Society’s influential report “Public Understanding of Science”, which spearheaded the now-thriving area of science... (shrink)

An influential tradition holds that thoughts are public: different thinkers share many of their thoughts, and the same applies to a single subject at different times. This ‘publicity principle’ has recently come under attack. Arguments by Mark Crimmins, Richard Heck and Brian Loar seem to show that publicity is inconsistent with the widely accepted principle that someone who is ignorant or mistaken about certain identity facts will have distinct thoughts about the relevant object—for instance, the astronomer who does not (...) know that Hesperus is Phosphorus will have two distinct thoughts Hesperus is bright and Phosphorus is bright. In this paper, I argue that publicity can be defended if we adopt a relational account on which thoughts are individuated by their mutual relations. I then go on to develop a specific relational theory—the ‘linking account’—and contrast it with other relational views. (shrink)

In what way might public statues wrong people? In recent years, philosophers have drawn on speech act theory to answer this question by arguing that statues constitute harmful or disrespectful forms of speech. My aim in this paper will be add a different theoretical perspective to this discussion. I will argue that while the speech act approach provides a useful starting point for thinking about what is wrong with public statues, we can get a fuller understanding of these (...) wrongs by drawing on resources from recent work in situated affectivity. I will argue that public statues can be understood as affective artifacts and that this can both help us understand both the deep affective wrongs caused by public statues and offer a possible explanation as to why some people are so strongly opposed to their removal. (shrink)

The assumption that procuring more organs will save more lives has inspired increasingly forceful calls to increase organ procurement. This project, in contrast, directly questions the premise that more organ transplantation means more lives saved. Its argument begins with the fact that resources are limited and medical procedures have opportunity costs. Because many other lifesaving interventions are more cost‐effective than transplantation and compete with transplantation for a limited budget, spending on organ transplantation consumes resources that could have been used (...) to save a greater number of other lives. This argument has not yet been advanced in debates over expanded procurement and could buttress existing concerns about expanded procurement. To support this argument, I review existing empirical data on the cost‐effectiveness of transplantation and compare them to data on interventions for other illnesses. These data should motivate utilitarians and others whose primary goal is maximizing population‐wide health benefits to doubt the merits of expanding organ procurement. I then consider two major objections: one makes the case that transplant candidates have a special claim to medical resources, and the other challenges the use of cost‐effectiveness to set priorities. I argue that there is no reason to conclude that transplant candidates’ medical interests should receive special priority, and that giving some consideration to cost‐effectiveness in priority setting requires neither sweeping changes to overall health priorities nor the adoption of any specific, controversial metric for assessing cost‐effectiveness. Before searching for more organs, we should first ensure the provision of cost‐effective care. (shrink)

Proponents of the public goods argument ('PGA') seek to ground the authority of the state on its putative indispensability as a means of providing public goods. But many of the things we take to be public goods – including many of the goods commonly invoked in support of the PGA – are actually what we might term publicized goods. A publicized good is any whose ‘public’ character results only from a policy decision to make some good (...) freely and universally available. This fact poses complications for the PGA, insofar as the set of possible publicized goods is quite extensive indeed. (shrink)

There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, (...) how poverty affects brain development, how offenders often have pre-existing medical conditions (especially mental health issues), how involvement in the criminal justice system itself can lead to or worsen health and cognitive problems, how treatment and rehabilitation methods can best be employed to reduce recidivism and reintegrate offenders back into society, and how a public health approach could be successfully applied within the criminal justice system. Caruso's approach draws on research from the health sciences, social sciences, public policy, law, psychiatry, medical ethics, neuroscience, and philosophy, and he delivers a set of ethically defensible and practically workable proposals for implementing the public health-quarantine model. The essay begins by discussing recent empirical findings in psychology, neuroscience, and the social sciences that provide us with an increased understanding of the social and neurological determinants of health and criminal behavior. It then turns to Caruso's public health-quarantine model and argues that the model provides the most justified, humane, and effective approach for addressing criminal behavior. Caruso concludes by proposing a capability approach to social justice grounded in six key features of human well-being. He argues that we cannot successfully address concerns over public health and safety without simultaneously addressing issues of social justice—including the social determinants of health (SDH) and the social determinants of criminal behavior (SDCB)—and he recommends eight general policy proposals consistent with his model. (shrink)

In Liberalism without Perfection, Jonathan Quong develops what is perhaps the most comprehensive defense of the consensus model of public reason – a model which incorporates both a public-reasons-only requirement and an accessibility requirement framed in terms of shared evaluative standards. While the consensus model arguably predominates amongst public reason liberals, it is criticized by convergence theorists who reject both the public-reasons-only requirement and the accessibility requirement. In this paper, I argue that while we have good (...) reason to reject Quong’s call for a public-reasons-only requirement, all public reason liberals should endorse at least some shared evaluative standards and, hence, an accessibility requirement. (shrink)

In ‘Public Reason and Prenatal Moral Status’ (2015), Jeremy Williams argues that the ideal of Rawlsian public reason commits its devotees to the radically permissive view that abortion ought to be available with little or no qualification throughout pregnancy. This is because the only (allegedly) political value that favours protection of the foetus for its own sake—the value of ‘respect for human life’—turns out not to be a political value at all, and so its invocation in support of (...) considerations bearing upon the permissibility of abortion is beyond public reason’s remit. Thus, it will scarcely if ever be legitimate to restrict women’s equality and bodily autonomy for the sake of the foetus, even at full term. In this paper, I argue that Williams fails to establish that Rawlsian reasonable citizens must endorse the radically permissive stance vis-à-vis abortion. Citizens can, I claim, reasonably accord the value of respect for human life weight, and indeed converge on the claim that it outweighs other salient political values, during later stages of gestation. Nevertheless, Williams’s argument gets something right in that it reveals why the value of respect for human life is inadmissible at the bar of public reason in early stages of pregnancy. But then, far from throwing Rawlsian public reason into disrepute, Williams’s argument actually (albeit inadvertently) provides arguably more compelling grounds than any hitherto rallied for endorsing Rawls’s much maligned claim that opposition to the duly qualified right to abortion in the first trimester of pregnancy is ‘unreasonable’. (shrink)

Much of contemporary political philosophy revolves around debates over perfectionism, which is the view that the state may, or should, promote valuable conceptions of the good life and discourage conceptions that are worthless or bad. Collis Tahzib has recently proposed a unique theory of perfectionism. I examine two central aspects of his theory: the amalgamation of public reason and perfectionism, and the employment of the Rawlsian lexical priority. I argue that Tahzib’s idea of perfectionist public reason has certain (...) serious problems. Additionally, Tahzib, like many other perfectionists, has neglected that many excellences are at once personal and civic. I sketch a perfectionist account of civic virtue, with the hope of opening up space for defending and justifying perfectionism. (shrink)

In Public Reason Confucianism, Sungmoon Kim presents an important Confucian political theory that seeks to combine a specific conception of Confucianism and the ideal of public reason. My article examines this theory and identifies some of the theoretical complications with Rawlsian public reason.

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the (...) theorists’ idealized moral-political reasons on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

A number of bioethicists have been critical of the power of the family to “veto” a patient’s decision to posthumously donate her organs within opt-in systems of organ procurement. One major objection directed at the family veto is that when families veto the decision of their deceased family member, they do something wrong by violating or failing to respect the autonomy of that deceased family member. The goal of this paper is to make progress on answering this objection. I (...) do this in two stages. First, I argue that the most plausible interpretation of what happens when a person registers as an organ donor in an opt-in system is that she gives her consent to the state to posthumously remove her organs for transplantation purposes. Call this the Authorization Account. Second, given the Authorization Account, I argue by analogy that when families veto an individual’s decision to donate and the individual’s organs are not in the end removed, neither the doctors nor the family violate the individual’s autonomy in any morally objectionable sense. Call this the Nonremoval Thesis. I argue that since the Nonremoval Thesis is true, we do not violate or fail to respect the autonomy of registered donors when we fail to remove their organs because their family has objected. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...) particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

The wishes of registered organ donors are regularly set aside when family members object to donation. This genuine overruling of the wishes of the deceased raises difficult ethical questions. A successful argument for providing the family with a veto must (a) provide reason to disregard the wishes of the dead, and (b) establish why the family should be allowed to decide. One branch of justification seeks to reconcile the family veto with important ideas about respecting property rights, preserving autonomy, and (...) preventing harm. These arguments are ultimately unsuccessful. Another branch of arguments is consequentialist, pointing out the negative consequences of removing the veto. Whether construed as concerning family distress or as a potential drop in the organs available, these arguments are unsuccessful; the first fails to recognize the tremendous distress associated with waiting for an organ, while the second has little supporting evidence. A final section considers and rejects whether combining some of the arguments just examined could justify the family veto. We should thus remove the family veto in organ donation. (shrink)

A distinctive position in contemporary political philosophy is occupied by those who defend the principle of public justification. This principle states that the moral or political rules that govern our common life must be in some sense justifiable to all reasonable citizens. In this article, I evaluate Gerald Gaus’s defence of this principle, which holds that it is presupposed by our moral reactive attitudes of resentment and indignation. He argues, echoing P.F. Strawson in ‘Freedom and Resentment’, that these attitudes (...) are so deep a part of us that we are unable to rationally reject them. I examine and reject this defence of the principle. Considering the nature of our commitment to the moral reactive attitudes, I argue that those attitudes need not be grounded in a commitment to public justification. The availability of alternative grounds for these attitudes shows, contra Gaus, that we can rationally reject the principle of public justification while maintaining a wholehearted commitment to the reactive attitudes. (shrink)

Western societies are experiencing a crisis of trust: we no longer enjoy high levels of confidence in social institutions and are increasingly skeptical of those holding positions of authority. The crisis of trust, however, seems paradoxical: at the same time we report greater feelings of mistrust or an erosion of trust in institutions and technologies we increasingly entrust our wellbeing and security to these very same technologies and institutions. Analyzing trust not only will help resolve the paradox but suggests that (...) the crisis entails normative expectations linked to collective identity, and as such, trust can be understood as a public virtue. (shrink)

Shortened and mildly revised version of an essay that initially appeared in Murove (ed.) African Ethics (2009). This chapter is a work of applied ethics that aims to provide a convincing comprehensive account of how a government official in a post-independence sub-Saharan country should make decisions about how to allocate goods such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients, or might it be appropriate to consider, for (...) example, family membership, party affiliation, race, or revolutionary stature as reasons to benefit certain individuals at some cost to the public? Which of these factors should be considered an unjust or corrupt basis on which to allocate state goods and which should not? Drawing on an African ethic, this chapter answers these questions with what it calls a “moderate partialism,” according to which a government agent may rightly favor at some cost to the public veterans and victims of state injustices, but not those in her family or party. This chapter seeks to provide a new, unified explanation of why characteristically sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who suffered from or struggled against colonialism, but forbid other, nepotist or prebendalist forms of partiality. (shrink)

Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal of this paper (...) is to defend the accessibility approach by demonstrating its ability to strike an appealing middle course in terms of inclusivity between shareability and intelligibility. We first argue against Vallier that accessibility can exclude religious reasons from public justification. Second, we use scientific reasons as a case study to show that accessibility excludes considerably fewer reasons than shareability. Throughout the paper, we connect our discussion of accessibility to John Rawls’s model of public reason, so as to give substance to the accessibility approach and to further our understanding of Rawls’s influential model. (shrink)

Background Consent policies for post-mortem organ procurement (OP) vary throughout Europe, and yet no studies have empirically evaluated the ethical implications of contrasting consent models. To fill this gap, we introduce a novel indicator of governance quality based on the ideal of informed support, and examine national differences on this measure through a quantitative survey of OP policy informedness and preferences in seven European countries. -/- Methods Between 2017–2019, we conducted a convenience sample survey of students (n = 2006) (...) in Austria (AT), Belgium (BE), Denmark (DK), Germany (DE), Greece (GR), Slovenia (SI) and Spain (ES), asking participants about their donation preferences, as well as their beliefs and views about the policy in place. From these measures, we computed indices of informedness, policy support, and fulfilment of unexpressed preferences, which we compared across countries and consent systems. -/- Results Our study introduces a tool for analyzing policy governance in the context of OP. Wide variation in policy awareness was observed: Most respondents in DK, DE, AT and BE correctly identified the policy in place, while those in SI, GR and ES did not. Respondents in opt-out countries (AT, BE, ES and GR) tended to support the policy in place (with one exception, i.e., SI), whereas those in opt-in countries (DE and DK) overwhelmingly opposed it. These results reveal stark differences in governance quality across countries and consent policies: We found a preponderance of informed opposition in opt-in countries and a general tendency towards support–either informed or uninformed–in opt-out countries. We also found informed divergence in opt-in countries and a tendency for convergence–either informed or uninformed–among opt-out countries. -/- Conclusion Our study offers a novel tool for analyzing governance quality and illustrates, in the context of OP, how the strengths and weaknesses of different policy implementations can be estimated and compared using quantitative survey data. (shrink)

This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents.

In December 2015, Wales became the first country in the UK to move away from an opt-in system in organ procurement. The new legislation introduces the concept of deemed consent whereby a person who neither opt in nor opt out is deemed to have consented to donation. The data released by the National Health Service in July 2017 provide an excellent opportunity to assess this legislation in light of concerns that it would decrease procurement rates for living and (...) deceased donation, as well as sparking an increase in family refusals. None of these concerns have come to pass, with Wales experiencing more registered donors, fewer family refusals and more living donations. However, as the number of actual donors has dropped slightly from a high level, the situation must be monitored closely in the years to come. (shrink)

A critical but underdeveloped part of the libertarian debate about immigration is the question of who, if anyone, owns public property, and the consequences of the answer to this question. Libertarians who favor restrictive immigration policies, such as Hans-Hermann Hoppe, argue that taxpayers own public property, and that the state, while it is in control of such property, should manage it on behalf of taxpayers in the same way private owners would manage their own property. In other words, (...) it should be quite selective about who may enter. Walter Block, who takes an “open borders” position, does not appear to dispute the claim that taxpayers own public property, but nevertheless argues that immigrants are entitled to ignore the state’s control of, and thus may freely enter, such property. In this article I explore the question of public property ownership using Rothbardian property rights principles. I conclude that, at least with respect to a particular type of public property, neither Hoppe’s nor Block’s reasoning is consistent with these principles. I also consider the idea that the state ought to have a role in managing public property in light of some libertarian anarchist ideas about the state. I conclude that supporting a legitimate role for the state as an immigration gatekeeper is inconsistent with Rothbardian and Hoppean libertarian anarchism, as well as with the associated strategy of advocating always and in every instance reductions in the state’s role in society. (shrink)

Medieval and early modern devotional works rarely receive serious treatment from philosophers, even those working in the subfields of philosophy of religion or the history of ideas. In this article, I examine one medieval devotional work in particular—the Middle High German image- and verse-program, Christus und die minnende Seele (CMS)—and I argue that it can plausibly be viewed as a form of medieval public philosophy, one that both exhibited and encouraged philosophical innovation. I address a few objections to my (...) proposal—namely, that CMS is neither public enough nor that it counts as proper philosophy—and I attempt to defend CMS’s public philosophical credentials in light of these objections. I conclude with a brief discussion of how devotional texts like CMS can help us do innovative public philosophy today. (shrink)

It is widely accepted that public discourse as we know it is less than ideal from an epistemological point of view. In this paper, we develop an underappreciated aspect of the trouble with public discourse: what we call the Listening Problem. The listening problem is the problem that public discourse has in giving appropriate uptake and reception to ideas and concepts from oppressed groups. Drawing on the work of Jürgen Habermas and Nancy Fraser, we develop an institutional (...) response to the listening problem: the establishment of what we call Receptive Publics, discursive spaces designed to improve listening skills and to give space for counterhegemonic ideas. (shrink)

The paper challenges the view that public justification sits well with emancipatory and egalitarian intuitions. I distinguish between the depth, scope and the purchase of the discursive standing that such justification allocates, and situate within this matrix Rawls’s view of public justification. A standard objection to this view is that public justification should be more inclusive in scope. This is both plausible and problematic in emancipatory and egalitarian terms. If inclusive public justification allocates discursive standing that (...) is rich in purchase, as seems desirable in emancipatory terms, it may be unable to allocate equal standing to all relevant people. And if it is to allocate equal standing, then the equality of that standing should be construed in terms that allow for unequal discursive purchase. (shrink)

One branch of bioethics assumes that mainly agents of the state are responsible for public health. Following Susan Sherwin’s relational ethics, we suggest moving away from a “state-centered” approach toward a more thoroughly relational approach. Indeed, certain agents must be reconstituted in and through shifting relations with others, complicating discussions of responsibility for public health. Drawing on two case studies—the health politics and activism of the Black Panther Party and the work of the Common Ground Collective in post-Katrina (...) New Orleans—we argue for the need to attend more carefully to the limitations of states and state-driven public health programs. (shrink)