Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so (...) is the second ambition of this paper. I will argue that traditional criticisms are unpersuasive, but that there is a different, powerful argument against equality before the law. The third ambition of the paper is to argue that there is a sense, overlooked by both proponents and critics, in which the principle still captures something important, albeit at the cost of shifting from intrinsic to instrumental value. (shrink)

The idea that healthcare should become more person-centred is extremely influential. By using recent English policy developments as a case study, this article aims to critically analyse an important element of person-centred care, namely, the belief that to treat patients as persons is to think that care should be ‘co-produced’ by formal healthcare providers and patients together with unpaid carers and voluntary organizations. I draw on insights from political philosophy to highlight overlooked tensions between co-production and values like equality (...) and liberty. Regarding equality, I argue that co-production compounds both problems of gender inequality in the distribution of care labour and the challenges associated with securing equal access to care. Turning to liberty, I identify important commonalities between co-production and republicanism in political philosophy, given their shared insistence on common citizens’ civic virtue. Then, I use against co-production some liberal arguments against republicanism, to highlight a problem of over-demandingness. In bringing my argument to a close, however, I wish to caution against hastily rejecting co-production as a policy programme. (shrink)

This paper addresses the cultural sustainability of artificial intelligence use through one of its most widely discussed instances: autonomous driving. The introduction of self-driving cars places us in a radically novel moral situation, requiring advance, reflectively endorsed, forced, and iterable choices, with yet uncharted forms of risk imposition. The argument is meant to explore the necessity and possibility of maintaining one of our most fundamental moral-cultural principles in this new context, that of the equal treatment of persons. It is claimed (...) that the implementation of this principle requires central and uniform regulation in autonomous mobility. (shrink)

Taking equality seriously means that we ought to consider the ways in which persons are not only unfairly advantaged or disadvantaged from the start – e.g., through genetic inheritance, wealth, or a parent’s educational background – but also how opportunities and rewards that result from these basic inequalities are later exacerbated in the distribution of goods and opportunities. The basic point of equality as a normative principle is not that everyone have similar things or achieve similar outcomes, (...) that would be undesirable both for reasons having to do with individual liberty as well as social need. (shrink)

Aiming at the allocation of scarce medical resources, Immanuel and other scholars have put forward a set of influential ethical values and guiding principles. It assigns the priority of resource allocation to those whose lives can be saved and maximized, those who can bring the greatest instrumental value, and those who are the worse off. For other members of society, random selection under the same conditions is adopted. Following the Rawlsian "lexical order, lexicographical" rule, this priority arrangement requires that the (...) "utilitarian principle" should be placed before the "equality principle", and the "instrumental difference principle", the "integrity difference principle" and the "fair opportunity principle" in turn acts on specific distribution agents. Although the framework and its priority rules have obvious drawbacks when faced with Medical Resources Squeeze and other dilemmas, with the help of an understanding of its internal structure, it can effectively respond to the four core issues in the allocation of scarce medical resources. (shrink)

The principle of indifference states that in the absence of any relevant evidence, a rational agent will distribute their credence equally among all the possible outcomes under consideration. Despite its intuitive plausibility, PI famously falls prey to paradox, and so is widely rejected as a principle of ideal rationality. In this article, I present a novel rehabilitation of PI in terms of the epistemology of comparative confidence judgments. In particular, I consider two natural comparative reformulations of PI and (...) argue that while one of them prescribes the adoption of patently irrational epistemic states, the other provides a consistent formulation of PI that overcomes the most salient limitations of existing formulations. (shrink)

A debate about whether all children are entitled to an “equal” or an “adequate” education has been waged at the forefront of school finance policy for decades. In an era of budget deficits and harsh cuts in public education, I submit that it is time to move on. Equality of educational opportunity has been thought to require equal spending per pupil or spending adjusted to the needs of differently situated children. Adequacy has been understood as a level of spending (...) sufficient to satisfy some absolute, rather than relative, educational threshold. In practice, however, many courts interpreting their state’s constitutional obligations have fused the equality and adequacy theories. Certain federal laws express principles of both doctrines. And gradually, more advocates and scholars have come to endorse hybrid equality-adequacy approaches. Still, the debate persists over seemingly intractable conceptual precepts and their political and legal ramifications. Tracking the philosophical origins and evolution of equality and adequacy as legal doctrines, I explain the significance of their points of convergence and argue that the few points of divergence are untenable in practice. Equality of educational opportunity should not be interpret-ed as pursuing equal chances for educational achievement for all children, because that ideal is infeasible. Nor should educational adequacy be interpreted as completely indifferent to objectionable inequalities that can be feasibly curtailed. Properly conceived, equality and adequacy are not merely congruent but reciprocal. That is, children are owed an education that is adequately equal and equally adequate. (shrink)

This article presents a fairness principle for evaluating decision-making based on predictions: a decision rule is unfair when the individuals directly impacted by the decisions who are equal with respect to the features that justify inequalities in outcomes do not have the same statistical prospects of being benefited or harmed by them, irrespective of their socially salient morally arbitrary traits. The principle can be used to evaluate prediction-based decision-making from the point of view of a wide range of (...) antecedently specified substantive views about justice in outcome distributions. (shrink)

Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical literature (...) and can be directly applied to both explain and critique concrete issues in IEL, including in particular WTO law. By complementing existing coercion-based accounts with a more nuanced typology of international coercion, it distinguishes two morally salient classes of economically relevant measures: External Trade Measures (ETMs), which pursue their goals specifically through the regulation of international economic activity; and Domestic Economic Measures (DEMs), which do not. The distinctive intentional relationship between ETMs and the outsiders they affect means such measures require more stringent justification, in terms of global equality or other goals those outsiders themselves share; whereas DEMs can be justified under the principle of self-determination. Non-Product Related Production Processes and Methods (NPRPPMs) provide a case study to show how this framework can illuminate recurring problems in IEL. (shrink)

Some theorists argue that rather than advocating a principle of educational equality as a component of a theory of justice in education, egalitarians should adopt a principle of educational adequacy. This paper looks at two recent attempts to show that adequacy, not equality, constitutes justice in education. It responds to the criticisms of equality by claiming that they are either unsuccessful or merely show that other values are also important, not that equality is not (...) important. It also argues that a principle of educational adequacy cannot be all there is to justice in education. (shrink)

Equality for Inegalitarians, by George Sher, Cambridge University Press, 2014. Luck egalitarianism has been a leading view in analytic political philosophy since it rose to prominence in the 1980s and 1990s. The theory holds that economic inequalities are acceptable when they are the result of choice but those due to luck should be redistributed away. Proponents generally favour extensive redistribution, on the grounds that luck -- including the luck of being born with a lucrative talent -- plays an extensive (...) role in economic affairs. If libertarians and other defenders of property rights have long appealed to choice and effort as grounds for not redistributing wealth, the novel twist of luck egalitarianism is that it appeals to the same underlying principles, the role of choice, to make the case for extensive redistribution. The term “luck egalitarianism” was coined by a critic, Elizabeth Anderson, who challenged the theory in a famous 1999 article, “What is the Point of Equality?” George Sher’s excellent book picks up where Anderson left off. According to Sher, despite its prominence and many nimble defenders, luck egalitarianism rests on philosophically dubious foundations. We should reject it, Sher argues, in favour of a philosophy that seeks, not to neutralize the role of luck in political and economic life, but one that instead tries to ensure that people are well-enough off to live their lives effectively. (shrink)

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

Traditional outcome-orientated egalitarian principles require access to information about the size of individual holdings. Recent egalitarian political theory has sought to accommodate considerations of responsibility. Such a move may seem problematic, in that a new informational burden is thereby introduced, with no apparent decrease in the existing burden. This article uses a simple model with simulated data to examine the extent to which outcome egalitarianism and responsibility-sensitive egalitarianism (‘luck egalitarianism’) can be accurately applied where information is incomplete or erroneous. It (...) is found that, while outcome egalitarianism tends to be more accurately applied, its advantage is not overwhelming, and in many prima facie plausible circumstances luck egalitarianism would be more accurately applied. This suggests that luck egalitarianism cannot be rejected as utopian. Furthermore, while some argue that, in practice, luck egalitarianism is best realized indirectly, by securing equality of outcome, our evidence suggests that a luck egalitarian rule of regulation offers a far more accurate implementation of the luck egalitarian ideal than does an outcome egalitarian rule of regulation. (shrink)

Luck egalitarians equalize the outcome enjoyed by people who exemplify the same degree of distributive desert by removing the influence of luck. They also try to calibrate differential rewards according to the pattern of distributive desert. This entails that they have to decide upon, among other things, the rate of reward, i.e., a principled way of distributing rewards to groups exercising different degrees of the relevant desert. However, the problem of the choice of reward principle is a relatively and (...) undeservedly neglected issue among luck egalitarians. The main goal of this paper is to highlight the importance and difficulty of this problem, and to elaborate upon G. A. Cohen's community-oriented response to it. In the last section, I provide a taxonomy of distributive pluralism, contrasting Cohen’s view with other (not so genuine) pluralisms - especially with all-things-considered varieties - while trying to motivate readers to adopt the more robust form of pluralism. (shrink)

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

We live with the legacy of injustice, political as well as personal. Even if our governments are now democratically elected and governed, our societies are scarred by forms of power and privilege accrued from a time in which people’s race, sex, class and religion were grounds for denying them a role in government, or in the selection of those who governed them. What does that past imply for the treatment of religion in democratic states? The problem is particularly pressing once (...) one accepts that religious freedom is not just a matter of individuals’ freedom of conscience and worship, but of people’s claims to associate with others through institutions whose powers, status and commitment to equality are very different (Laborde, 2015). If this means that churches pose some of the same philosophical and practical problems as families, from a democratic perspective, the fact that churches have no obvious point or justification, beyond being the repository of the claims to conscience of their members, appears to distinguish them from the former. In principle, this should make it easier to think about the claims of government, as compared to those of churches. In practice, however, it may simply bring into sharper focus philosophical and political challenges to equality that contemporary democracies now face. (shrink)

Allocation of very scarce medical interventions such as organs and vaccines is a persistent ethical challenge. We evaluate eight simple allocation principles that can be classified into four categories: treating people equally, favouring the worst-off, maximising total benefits, and promoting and rewarding social usefulness. No single principle is sufficient to incorporate all morally relevant considerations and therefore individual principles must be combined into multiprinciple allocation systems. We evaluate three systems: the United Network for Organ Sharing points systems, quality-adjusted life-years, (...) and disability-adjusted life-years. We recommend an alternative system—the complete lives system—which prioritises younger people who have not yet lived a complete life, and also incorporates prognosis, save the most lives, lottery, and instrumental value principles. (shrink)

Recent epidemiological reports of associations between socioeconomic status and epigenetic markers that predict vulnerability to diseases are bringing to light substantial biological effects of social inequalities. Here, we start the discussion of the moral consequences of these findings. We firstly highlight their explanatory importance in the context of the research program on the Developmental Origins of Health and Disease (DOHaD) and the social determinants of health. In the second section, we review some theories of the moral status of health inequalities. (...) Rather than a complete outline of the debate, we single out those theories that rest on the principle of equality of opportunity and analyze the consequences of DOHaD and epigenetics for these particular conceptions of justice. We argue that DOHaD and epigenetics reshape the conceptual distinction between natural and acquired traits on which these theories rely and might provide important policy tools to tackle unjust distributions of health. (shrink)

According to John Rawls’s famous Liberal Principle of Legitimacy, the exercise of political power is legitimate only if it is justifiable to all citizens. The currently dominant interpretation of what is justifiable to persons in this sense is an internalist one. On this view, what is justifiable to persons depends on their beliefs and commitments. In this paper I challenge this reading of Rawls’s principle, and instead suggest that it is most plausibly interpreted in externalist terms. On this (...) alternative view, what is justifiable to persons is not in any way dependent on, or relativized to, their beliefs and commitments. Instead, what is justifiable to all in the relevant sense is what all could accept as free and equal. I defend this reinterpretation of the view by showing how it is supported by Rawls’s account of the freedom and equality of persons. In addition, a considerable advantage of this suggestion is that it allows for an inclusive account of to whom the exercise of political power must be made justifiable. (shrink)

I examine the legitimacy of immigration controls in the context of Canada and this country’s restrictive immigration policies. Despite the fundamental, philosophical arguments against immigration restrictions, the necessity of immigration controls is rarely questioned in Canadian politics. In this paper I suggest that there is an incredible cynicism of Canadian immigration policies with respect to this country’s own political principles. The idea of international migration controls is neither sustainable from a larger liberal- theory perspective nor a political-economy viewpoint. I suggest (...) that geographers should imagine alternatives to the current systems of immigration control and the regulation of the international movement of people. (shrink)

This articles proposes that theories and principles of distributive justice be considered substantively egalitarian iff they satisfy each of three conditions: (1) they consider the bare fact that a person is in certain circumstances to be a conclusive reason for placing another relevantly identically entitled person in the same circumstances, except where this conflicts with other similarly conclusive reasons arising from the circumstances of other persons; (2) they can be stated as 'equality of x for all persons', making no (...) explicit or implicit exclusion of persons or individuals and showing no greater concern and respect for some rather than others; and (3) they pursue equality in a dimension that is valuable to egalitarians. On this construal, prioritarianism and Dworkinian equality of resources, a view often identified as luck egalitarian, are not substantively egalitarian, but equality of opportunity, the standard form of luck egalitarianism, may be. (shrink)

Rawls famously argues that the parties in the original position would agree upon the two principles of justice. Among other things, these principles guarantee equal political liberty—that is, democracy—as a requirement of justice. We argue on the contrary that the parties have reason to reject this requirement. As we show, by Rawls’ own lights, the parties would be greatly concerned to mitigate existential risk. But it is doubtful whether democracy always minimizes such risk. Indeed, no one currently knows which political (...) systems would. Consequently, the parties—and we ourselves—have reason to reject democracy as a requirement of justice in favor of political experimentalism, a general approach to political justice which rules in at least some non-democratic political systems which might minimize existential risk. (shrink)

This paper examines constitutional issues concerning same-sex marriage. Although same-sex relations concern broader ethical issues as well, I set these aside to concentrate primarily on legal questions of privacy rights and equal protection. While sexual orientation is neither a suspect classification like race, nor a quasi classification like gender, there are strong reasons why it should trigger heightened scrutiny of legislation using sexuality as a standard of classification. In what follows, I argue that equal-protection doctrine is better suited for including (...) same-sex couples where legal benefits and burdens of marriage are at stake. (1) I reconstruct arguments from privacy and the controversial ruling of Bowers v. Hardwick but discount this strategy for problematic legal reasons. (2) In order for equal protection to apply, sexual orientation must meet the criteria of suspect classification that the Court has established. (3) Since sexual orientation meets these criteria, heightened scrutiny should be applied to such legislation on equal-protection grounds. (4) Finally, I rely on some familiar Rawlsian arguments of public justification that demonstrate why this extension of marriage rights is consistent with basic constitutional principles. (shrink)

Following an analysis of the state of investigations and clinical outcomes in the Alzheimer's research field, I argue that the widely-accepted 'amyloid cascade' mechanistic explanation of Alzheimer's disease appears to be fundamentally incomplete. In this context, I propose that a framework termed 'principled mechanism' (PM) can help with remedying this problem. First, using a series of five 'tests', PM systematically compares different components of a given mechanistic explanation against a paradigmatic set of criteria, and hints at various ways of making (...) the mechanistic explanation more 'complete'. These steps will be demonstrated using the amyloid explanation, and its missing or problematic mechanistic elements will be highlighted. Second, PM makes an appeal for the discovery and application of 'biological principles' (BPs), which approximate ceteris paribus laws and are operative at the level of a biological cell. As such, although thermodynamic, evolutionary, ecological and other laws or principles from chemistry and the broader life sciences could inform them, BPs should be considered ontologically unique. BPs could augment different facets of the mechanistic explanation but also allow further independent nomological explanation of the phenomenon. Whilst this overall strategy can be complementary to certain 'New Mechanist' approaches, an important distinction of the PM framework is its equal attention to the explanatory utility of biological principles. Lastly, I detail two hypothetical BPs, and show how they could each inform and improve the potentially incomplete mechanistic aspects of the amyloid explanation and also how they could provide independent explanations of the cellular features associated with Alzheimer's disease. (shrink)

While this article aims to explore the connections between citizenship and ‘race’, it is the first study to use fictional tools as a sociological resource in exemplifying the deviation between citizenship in principle and practice in an Austrian context. The study involves interviews with 73 Austrians from three ethnic/racial groups, which were subjected to a directed approach to qualitative content analysis and coded based on sentences from George Orwell’s fictional book, ‘Animal Farm’. By using fiction as a conceptual and (...) analytical device, this article goes beyond the orthodox particulars of citizenship to expose the compressed entitlements of some racial/ethnic minorities. In particular, data analysis revealed two related and intertwined central themes: (a) “all animals are not equal or comrades”; and (b) “some animals are more equal than others”. All ‘animals’ may be equal in principle, whereas, in practice, their ‘race’ serves as a critical source of social (dis)advantage in the ‘animal kingdom’. Thus, since citizenship is a precondition for possessing certain rights that non-citizens are not granted, I argue that citizenship cannot only be judged by whom it, in theory, excludes (i.e., non-citizens), but also by how it treats the included (i.e., citizens) on the basis of their ‘race’. I conclude that skin colour is a specific aspect of the hierarchy of citizenship in Austria, which reinforces that ‘some animals are more equal than others’. (shrink)

Many political philosophers argue that a principle of ‘fair equality of opportunity’ ought to extend beyond national borders. I agree that there is a place for FEO in a theory of global justice. However, I think that the idea of cross-border FEO is indeterminate between three different principles. Part of my work in this paper is methodological: I identify three different principles of cross-border fair equality of opportunity and I distinguish them from each other. The other part (...) of my work in this paper is normative: I argue that we should endorse only two of the three principles of cross-border fair equality of opportunity and that we shouldreject the third. Importantly, I think that we should reject the one version of transnational fair equality of opportunity that most advocates of such a principle appear to endorse. (shrink)

After the 2008 crisis, there were several debates on the bail-out and the lack of accountability of financial institutions; this supposedly affects politica l values such as equality and responsibility: it implies transferring resources from the public (for instance, poor people) to specific economic agents who have chosen to incur certain risks. On the other hand, it is arguable that it would not be up to the regulators to protect investors’ interests, and that there would be more efficient and (...) less burdensome instruments associated with prudential regulation. Our goal is to provide a justification for the bail-out and for holding bankers accountable. In section 2, we present a brief description of the problem in the context of the crisis, followed by a justification for the bail-out through the incentives argument, based on Rawls’s difference principle. In section 3, we provide an ethical discussion over the corresponding moral hazards, and investigate how to mitigate it through coercive measures. (shrink)

Sometimes different partitions of the same space each seem to divide that space into propositions that call for equal epistemic treatment. Famously, equal treatment in the form of equal point-valued credence leads to incoherence. Some have argued that equal treatment in the form of equal interval-valued credence solves the puzzle. This paper shows that, once we rule out intervals with extreme endpoints, this proposal also leads to incoherence.

We show in this paper that the answer to the question in the title is in the negative. In modern optics, Snell’s law of reflection is derived using Leibniz’s calculus method that identifies the least time path, chosen by rays of light in going from a given point A, to another given point B, undergoing reflection at a point P on their way. We demonstrate, taking two examples of reflection: (1) at a plane reflector and (2) at elliptical reflector, that (...) Snell’s law of reflection is not a consequence of least time path principle and, that Leibniz’s method of derivation of Snell’s law of reflection is invalid. In (1), we prove that, if a light ray is reflected at point P on a line, along the least time path APB, then at every point Pi on that line, rays from A are reflected to point B, satisfying Snell’s law. However, paths, APB and APiB do not have equal travel times. In (2), we prove that, if a light ray is reflected along the least time path APB, from focus A to focus B incident at point P on an ellipse, satisfies Snell’s law, then points Pi, not lying on the ellipse, also reflect light rays from A to B, satisfying Snell’s law. However, the paths APB and APiB do not have equal travel times. Thus, both examples prove that least time path is not a criterion for reflection and, that Snell’s law of reflection is not a consequence of least time path principle. (shrink)

In the tradition of just war theory two assumptions have been taken pretty much for granted: first, that there are quite a lot of justified wars, and second, that there is a moral inequality of combatants, that is, that combatants participating in a justified war may kill their enemy combatants participating in an unjustified war but not vice versa. I will argue that the first assumption is wrong and that therefore the second assumption is virtually irrelevant for reality. I will (...) also argue, primarily against Jeff McMahan, that his particular thesis about the moral inequality of “just” and “unjust combatants” is an analytical truth which, however, does hardly apply to anything (there are few if any “unjust combatants” as he defines them). If one takes his thesis less literally, namely in the sense of a thesis about combatants participating in a justified war and combatants participating in an unjustified war, it is correct in principle, but still of little practical relevance even if one disregarded the fact that there are virtually no justified wars. One of the reasons for this is that, contrary to McMahan’s claims, justification does not defeat liability. (shrink)

This project seeks to address the way in which democratic citizens are equal, and the kind of equality of opportunity that follows from this notion of equality. I will then apply this theoretical discussion to public education, a fundamental component of any notion of equality of opportunity. I am asserting principles that may inform questions of equality in any democracy, but I am giving specific content to the way these ideals have been articulated in one particular (...) democracy. Because I ultimately want to make sense of the best realization of these ideals in the American educational system, I will explore these with reference to American political morality. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by (...) the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

If we compare it with the fellow notion of liberty, equality has an ambivalent place in modern political thinking. Whilst it counts as one of the fundamental norms, many think that equality is valuable only as a way to realise some features of liberty. I take a historical perspective on this issue, and try to identify some of the pre-modern roots of such an ambivalent attitude towards equality. I do this by using Jacques Rancière’s political model as (...) an analytical framework and by taking a visual route, focusing on classical iconographic representations in which equality was present in the images’ subtexts. Ambrogio Lorenzetti’s allegory of good government is one iconic exposition of equality as a positive condition of civil peace. Already there, however, the positive value of equality is counterposed to the figure of violent retributive justice. Similarly, in the Christian narrative, equality is endorsed as the original condition of creatures under God, but is also associated with violent death. This signals one pre-modern root behind the ambivalence towards equality, particularly when the latter is understood dynamically, as levelling. Such a reversal of value finds an apotheosis, I suggest, in the revolutionary icon of the guillotine, a dramatic representation of equalisation that had a strong influence on modern political thinking. In J. E. Millais’ first painting, of Jesus in the House of his Parents, I find a more positive legacy of Christian equality in modern political thinking. (shrink)

All humans have an equal basic moral status. They possess the same fundamental rights, and the comparable interests of each person should count the same in calculations that determine social policy. Neither supposed racial differences, nor skin color, sex, sexual orientation, ethnicity, intelligence, nor any other differences among humans negate their fundamental equal worth and dignity. These platitudes are virtually universally affirmed. A white supremacist racist or an admirer of Adolf Hitler who denies them is rightly regarded as beyond the (...) pale of civilized dialogue. However, a very simple line of argument developed by Peter Singer challenges our understanding of these platitudes and forces us to rethink the basis and nature of the moral equality of all humans. What I call the “Singer Problem” arises if one accepts that the morally significant cognitive capacities that are relevant to the determination of the fundamental moral status of a being vary from individual to individual by degree. The problem is to specify a moral principle determining fundamental moral status that assigns a superior status to humans compared to other animals on the basis of the superior cognitive capacities of humans but also assigns all human persons an equal fundamental moral status regardless of their differing cognitive capacities. More broadly posed, the problem is to specify moral principles that yield intuitively satisfactory implications for the treatment of human individuals and other individual animals given that cognitive capacities differ across species and individuals. A search for a resolution of the Singer problem leads to disappointing results. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Tom Regan's seafaring dog that is justifiably thrown out of the lifeboat built for four to save the lives of four humans has been the topic of much discussion. Critics have argued in a variety of ways that this dog nips at Regan's Achilles heel. Without reviewing previous discussions, with much of which I certainly agree, this article develops an unexplored approach to exposing the vulnerability of the position that Regan takes on sacrificing the dog to save the humans. It (...) argues that when dealing with the seafaring dog, Regan abandons his own principles, and that this is exactly what he should do. Regan should abandon his view that all subjects-of-a-life have equal inherent worth. (shrink)

Before, during, and after the global financial crisis of 2008, executive pay practices were widely debated and criticized. Economists, philosophers, as well as the man on the street all seem to have strong feelings towards how much, in what ways, and on what grounds executives are paid. This thesis asks whether it is possible to morally justify current executive pay practices and, if so, on what grounds they are justified. It questions those who find no quarrel with pay practices due (...) to their minimally moralized view of the market and – perhaps more importantly – it asks for a sophisticated critique from those who criticize current pay practices. The discussion on just pay is clearly one of distributive justice. One reason for why some people consider CEO pay practices to be (fairly) unproblematic while others find them objectionable stems from the availability of different understandings of, and principles for, just pay. We tend to associate justice in pay with such things as proper incentivization, being the outcome of a fair procedure, being deserved on the basis of effort or contribution, and/or satisfying the ideal of equality. Parts of this thesis are devoted to these different understandings and what they entail for the moral justification of CEO pay. Another reason for the conflicting views on CEO pay stems from how issues of justice go beyond the confines of economics and applied ethics, extending all the way into the domain of political philosophy. Parts of this thesis explore this connection, in particular how the concept of economic desert relates to the broader concept of moral desert. Lastly, I discuss the criticism that the superrich (including executives) are being paid too much and are in possession of too much wealth. The issue at hand here is how to morally justify the interventions that seem suitable to rectify the situation. (shrink)

How surprising is the insight, that being equals I in the 15th lecture of the Doctrine of Science 1804/II? It might have been indeed an unexpected turn for his contemporaries in Berlin listening to Fichte for the first time, but should it be surprising for us, having at least since 2012 (the year the last volume of [Gesamtausgabe] appeared) access to all his published and unpublished works? I want to propose a way of reading Fichte, which bypasses two popular and (...) contradictory interpretations of his philosophy in the post-Jena period: (a) the Absolute is the new first principle (hence the I is just a shadow of the much higher being) and (b) his system basically remains unchanged (hence the being is nothing more than the I). At first, I analyze the functions of later Fichte’s improved version of the Kantian and Reinholdian abstract subject-object-symbolism and assign specific content to it. This will shed light on the structure and the first principle of the Doctrine of Science 1804/II. In the second section I give reasons why Fichte calls both God and I “absolute” and “pure being” and explain their relation to each other referring to a thought experiment sometimes used by Kant—an analogy between the divine and human (pure) reason. The analogical thinking of this kind remains within the borders of transcendental philosophy as long as it is used only for certain didactic purposes. (shrink)

The study aimed to identify the creative environment of the technical colleges operating in Gaza Strip. The analytical descriptive method was used through a questionnaire which was randomly distributed to 289 employees of the technical colleges in Gaza Strip with a total number of (1168) employees and a response rate equal to (79.2%) of the sample study. The results confirmed the existence of a high degree of approval for the dimensions of the creative environment with a relative weight of (75.19%) (...) according to the perspective of the employees of the technical colleges in Gaza Strip. The results of the study showed a high level of creative environment (fluency, flexibility, originality, sensitivity to problems) in the technical colleges in Gaza Strip, where the field (fluency) ranked first and relative weight (76.86%), in the second place came the area (sense of problems) and relative weight (74.89%). The field of elasticity came in third place with a relative weight of (74.59%). Finally, the field of originality came in fourth and final rank with a relative weight of (74.41%). The results showed that there are differences between the technical colleges in the principles of the creative environment in all fields and the overall degree except for the field of flexibility. The most available colleges in these principles were the university college of applied sciences, and that was the least of the Faculty of Al-Aqsa Society. The results showed that there were differences according to the age variable in the areas of creative environment only in the sense of problems for age groups (less than 30 years) and (from 40 to 50 years). The researchers suggested a number of recommendations, the need to enhance the dimensions of the creative environment in technical colleges by working to improve the faculties of fluency, flexibility, originality and sensitivity to problems. The need to work on continuity and improve aspects of the creative environment of the colleges and the creation of new and innovative ways to support and develop and support these aspects combined. Necessity of technical colleges to continue to develop the creative environment (fluency, flexibility, originality, sensitivity to problems) for employees by engaging them in specialized training courses for creative thinking and problem solving. Developing work procedures with new innovative methods that will accomplish the various tasks quickly and accurately, and provide the effort, time and costs. The researchers urged more future studies that address the same variables of the current study in the field of creative environment and applied to other sectors. (shrink)

Few have discussed Rawls's arguments for the value of democracy. This is because his arguments, as arguments that the principle of equal basic liberty should include democratic liberties, are incomplete. Rawls says little about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. And, at times, what he does say is unconvincing. My aim is to complete and, where they fail, to reconceive Rawls's arguments and to show (...) that a principle requiring equal political liberty and its fair value is an appropriate component of his theory of justice. (shrink)

Many political and moral philosophers try to reconcile freedom and equality. One such theory is left-libertarianism, which establishes exclusive property rights over one’s own body and egalitarian property rights over natural resources. These rights are realized through the policy of unconditional basic income. Recently, left-libertarianism has come under fire from another similar approach, reciprocal libertarianism. This concept combines exclusive rights over one’s own body with the requirement for an egalitarian distribution of the fruits of social cooperation among those who (...) make a fair contribution to its system. On the face of it, reciprocal libertarians reject basic income because it doesn’t satisfy the fair contribution condition. This article explores the case for a basic income from a reciprocal libertarian perspective. In particular, two institutional regimes will be examined: reciprocal left-libertarianism and libertarian socialism. Each is compatible with a basic income coupled with broader redistribution according to the principle of reciprocity. (shrink)

The equivalence principle between the gravitational motion and the inertial motion is false because a particle or body successively in two any contiguous points while in a gravitational frame they have different kinetic energy, instead they always have equal kinetic energy in an inertial frame.

The Pigou-Dalton (PD) principle recommends a non-leaky, non-rank-switching transfer of goods from someone with more goods to someone with less. This Article defends the PD principle as an aspect of distributive justice—enabling the comparison of two distributions, neither completely equal, as more or less just. It shows how the PD principle flows from a particular view, adumbrated by Thomas Nagel, about the grounding of distributive justice in individuals’ “claims.” And it criticizes two competing frameworks for thinking about (...) justice that less clearly support the principle: the veil-of-ignorance framework, and Larry Temkin’s proposal that fairer distributions are those concerning which individuals have fewer “complaints.” -/- The Article also clarifies the relation between the PD principle and prioritarianism. Prioritarians will surely endorse the PD principle (with the “good” individual well-being), but they are also committed to a distinct axiom of separability: the moral value of someone’s well-being change does not depend upon her position relative to others. The PD principle neither implies separability, nor is implied by it. Although prioritarianism is very plausible, the case for the PD principle is yet more compelling than for the combination of that principle with separability. In discussing prioritarianism, we should differentiate between these two, logically independent aspects of the view. -/- . (shrink)

The subtle and complex relation between Confucianism and modern democracy has long been a controversial issue, and it is now again becoming a topical issue in the process of political modernization in contemporary China. This paper argues that there are some quite basic early Confucian values and principles that are not only compatible with democracy, but also may become the theoretic foundation of modern democracy in China. Early Confucianism considers 'the people's will' as the direct representative of 'Heaven's will', with (...) which it legitimizes political power. Confucian theory of 'human nature is good' endorses equal potential good for every man. These principles can be used in reasoning towards a system of democracy. In terms of decision-making, the Confucian 'Doctrine of the Mean' accords with certain democratic principles. The independent personality and committed individualism advocated by early Confucianism is a required civic merit in a democratic society. These fundamental Confucian principles, through contemporary hermeneutics, may provide a philosophic grounding for democracy and support the construction of a democratic system with a Chinese dimension. To get democracy rooted in the spirit of traditional Chinese culture will benefit the healthy and smooth development of democracy in China. (shrink)

When Mill published The Subjection of Women in 1869 he wanted to replace the domination of one sex by the other laws based on ‘a principle of perfect equality’. It is widely complained, however, that even advanced countries have still failed to achieve equality between the sexes. Power and wealth and influence are still overwhelmingly in the hands of men. But equalities of these kinds are not the ones required by the principle of equality that (...) Mill had in mind; and, furthermore, a principle that demanded them would actually be incompatible with Mill’s. The conclusion is not, however, that social policies dealing with men and women are all they should be. It is just that although the fundamental problems of feminism could be – and to a considerable extent still can be – expressed in terms of requirements for justice and equality, we have now reached a stage where concentrating on these ideas can distort the real problems, and may actually impede the kind of progress that is needed. (shrink)

Despite the vast literature on Rawls's work, few have discussed his arguments for the value of democracy. When his arguments have been discussed, they have received staunch criticism. Some critics have charged that Rawls's arguments are not deeply democratic. Others have gone further, claiming that Rawls's arguments denigrate democracy. These criticisms are unsurprising, since Rawls's arguments, as arguments that the principle of equal basic liberty needs to include democratic liberties, are incomplete. In contrast to his trenchant remarks about core (...) civil liberties, Rawls does not say much about the inclusion of political liberties of a democratic sort – such as the right to vote – among the basic liberties. -/- In this paper, I complete some of Rawls's arguments and show that he has grounds for including political liberties, particularly those of a democratic nature, in the principle of equal basic liberty. In doing so, I make some beginning steps toward illustrating the genuinely democratic nature of Rawls's arguments. Rawls believes that a few different arguments can be given for democratic institutions and that these arguments work together to support the value of democracy. In this paper, I focus on Rawls's arguments relating to self-respect. I focus on this set of arguments because they are among the strongest of Rawls's arguments for equal political liberty and its fair value. (shrink)

Whatever may be said about contemporary feminists’ evaluation of Descartes’ role in the history of feminism, Mary Astell herself believed that Descartes’ philosophy held tremendous promise for women. His urging all people to eschew the tyranny of custom and authority in order to uncover the knowledge that could be found in each one of our unsexed souls potentially offered women a great deal of intellectual and personal freedom and power. Certainly Astell often read Descartes in this way, and Astell herself (...) has been interpreted as a feminist – indeed, as the first English feminist. But a close look at Astell’s and Descartes’ theories of reason, and the role of authority in knowledge formation as well as in their philosophies of education, show that there are subtle yet crucial divergences in their thought – divergences which force us to temper our evaluation of Astell as a feminist. -/- My first task is to evaluate Astell’s views on custom and authority in knowledge formation and education by comparing her ideas with those of Descartes. While it is true that Astell seems to share Descartes’ wariness of custom and authority, a careful reading of her work shows that the wariness extends only as far as the tyranny of custom over individual intellectual development. It does not extend to a wariness about social and institutional customs and authority (including, perhaps most crucially, the institution of marriage as we see in her Reflection on Marriage). The reason for this is that Astell’s driving goal is to help women to come to know God’s plan for women – both in their roles as human and in their roles as women. According to Astell, while it is true that, as individuals, women must develop their rational capacities to the fullest in order to honor God and his plan for women as human, as members of social institutions, including the institution of marriage, women must subordinate themselves to men, including their husbands, in this case so as to honor God and his plan for women as women. Once we understand the theological underpinnings of her equivocal reaction to authority and custom, we can see that Astell may be considered a feminist in a very tempered way. -/- My second task is to use these initial conclusions to re-read her proposal for single-sexed education that we find in A Serious Proposal to the Ladies. It is true that Astell encourages women to join single-sexed educational institutions for the unique and empowering friendships that women can develop in such institutions. Still, my argument continues, the development of such friendships is not entirely an end in itself. Rather, Astell encourages women to develop such friendships such that they can re-enter the broader world armed with the tools that will help them endure burdensome features of the lives that await them in the world, including their lives as subordinated wives –burdens that Astell does not, in principle, challenge. (shrink)

The lexical priority of fair equality of opportunity in John Rawls’s justice as fairness, which has been sharply criticized by Larry Alexander and Richard Arneson among others, is left almost entirely undefended in Rawls’s works. I argue here that this priority rule can be successfully defended against its critics despite Rawls’s own doubts about it. Using the few textual clues he provides, I speculatively reconstruct his defense of this rule, showing that it can be grounded on our interest in (...) self-realization through work. This reconstructed defense makes liberal use of concepts already present in A Theory of Justice , including the Aristotelian Principle (which motivates the achievement of increasing virtuosity) and the Humboldtian concept of social union (which provides the context for the development of such virtuosity). I also show that this commitment to self-realization, far from violating the priority of right in Rawls’s theory, stems directly from his underlying commitment to autonomy, which is the very foundation of the moral law in his doctrine of right. The reconstituted defense of this priority rule not only strengthens the case for justice as fairness but also has important and controversial implications for public policy. (shrink)

Some forms of defining PNC in Aristotle’s works are as follows: a) Everything must be either affirmed or denied (φάναι ἢ ἀποφάναι). (Met., B, 996b28-29) or: it will not be possible to assert and deny the same thing truly at the same time. (Met., Γ, 1008a36-b1) In other words, ‘contradictory statements (ἀντικειμένας φάσεις) are not at the same time true. (Met., Γ, 1011b13-14) Also, ‘It is impossible that contradictories (ἀντίφασιν) should be at the same time true of the same thing.’ (...) (Met., Γ, 1011b15-16) Also, ‘Opposite statements (ἀντικειμένας φάσεις) can never be true of the same subjects.’ (Met., K, 1062a33-34; 1063b15-17) Also, ‘Of all affirmation or negation one is impossible. (PsA., A, 11, 77a22) b) A thing cannot at the same time be and not be. (Met., B, 996b30-31; Γ, 1006a3-5) This can also be extended to many other similar pairs of opposites: ‘The same thing cannot at the same time be and not be, or admit any other similar pair of opposites.’ (Met., K, 1061b34-1062a2) Also, ‘It will be possible for the same thing to be and not to be, except in virtue of an ambiguity.’ (Met., Γ, 1006b18-19) This is also asserted in another similar way: it is impossible that it should be at the same time true to say the same thing is a thing and is not a thing.’ (Met., Γ, 1006b33-34) c) ‘The same attribute cannot at the same time belong (ὑπάρχειν) and not belong to the same object in the same respect.’ (Met., Γ, 1005b19-21) d) Those positive and negative propositions are said to be contradictory which have the same subject and predicate. (OI, I, 7, 17a33-35) The opposition between an affirmation and a denial makes contradictories (ἀντίφασεως). (PsA., A, 2, 72a11-14) Based on Aristotle’s definition, ‘An affirmation is opposed to a denial in the sense which I denote by the term ‘contradictory’ (ἀντίφατικως), when, while the subject remains the same, the affirmation is of universal character and the denial is not.’ (OI., I, 7, 17b16-19) 1) Characteristics of PNC a) It is the most certain (Met., Γ, 1005b22-23 and b11) and the most indisputable (Met., Γ, 1006a5-6) of all principles. b) It is impossible: to believe its contrary (Met., Γ, 1005b24-30); to be really in that position (Met., Γ, 1008b11-13); and to defend it. (OI, I, 9, 18b17-19) Nonetheless, Aristotle thinks that many of the writers about nature assert the contrary of PNC and use a language opposite to it. (Met., Γ, 1005b35-1006a3) c) It is the starting point of all the other axioms. (Met., Γ, 1005b32-34) d) It is not hypothetical. (Met., Γ, 1005b13-17) e) Contradictories are extremely opposed to each other. (Met., Γ, 1007a1-4) f) Believing in PNC saves substance and essence and not believing in it makes all attributes accidents and there will be nothing as being essentially something. The reason is that something which essentially is a being cannot avoid being that thing. (Met., Γ, 1007a20-29 and b16-18) g) PNC supports plurality of things because otherwise all things will be one: ‘If all contradictories are true of the same subject at the same time, evidently all things will be one. For the same thing will be a trireme, a wall, and a man, if it is equally possible to affirm and deny anything of anything.’ (Met., Γ, 1007b18-22) In fact, PNC supports difference: ‘For if contradictories can be predicated alike of each subject, one thing will in no wise differ from another; for if it differs, this difference will be something true and peculiar to it.’ (Met., Γ, 1008a25-27) h) To accept truth and falsity, whether in an absolute sense (e.g. A is more true than B; or C is less true than D) entails PNC. (Met., Γ, 1008b2-7 and b31-35; 1009a2-5) In fact, PNC is entailed by accepting true affirmation. (Met., K, 1062b7-11) i) Judging and choosing between at least two things entails PNC: you cannot choose one as better than another without a previous judging that one is A and the other not A. (Met., Γ, 1008b18-24) The same is true about avoiding. (Met., Γ, 1008b24-29) j) PNC guarantees speaking and saying anything intelligible because otherwise e.g. saying ‘yes’ means both yes and no. (Met., Γ, 1008b7-13) k) Contradictories do not accept intermediates that means we must either affirm or deny a predicate on a subject and there is no third option. (Met., Γ, 1011b23-24; Met., I, 1055b1-2; PsA., A, 2, 72a11-14; Met., I, 1057a33-36) l) PNC is applicable also to the future time. (OI., I, 9, 19a28-29) m) PNC is presupposed by the least semantic of words. If we accept that each word has a meaning and, thus, signifies something definite, we cannot accept that it has the contradictory meaning and signies contradictory things and this approves PNC. Thus, Aristotle asks the opponent of PNC to say just one word, a significant word and takes this as the demonstration of PNC because by saying the word e.g. ‘man’ you have already signified man and not-man. (Met., Γ, 1005a11-13 and a18-22; 1006a28-31 and b13-15) Therefore, signification entails PNC: ‘He, then, who says this is and is not denies what he affirms, so that what the word signifies, he says it does not signify; and this is impossible. Therefore, if ‘This is’ signifies something, one cannot truly assert the contradictory.’ (Met., K, 1062a16-20) He says again: ‘If the word signifies something and this can be truly asserted of it, it necessarily is this; and it is not possible that that which is necessary should ever not be: it is not possible therefore to make the opposed assertions truly of the same subject.’ (Met., K, 1062a20-23; cf. Met., K, 1062a24-31) n) At Met., 4, 3, 1005b9-10 (check???) PNC is called as principle of things (ἀρχὰς τοῦ πράγματος). (quoted from B215, 517) . (shrink)