Some moral principles require agents to do more than their fair share of a common task, if others won’t do their fair share – each agent’s fair share being what they would be required to do if all contributed as they should. This seems to provide a strong basis for objecting to such principles. For it seems unfair to require agents who have already done their fair share to do more, just because other agents won’t do (...) their fair share. The philosopher who has written most about this issue, however, Liam Murphy, argues that it is not unfair to do so, at least in the standard sense of that term. In this paper, I give Murphy’s reasons for saying this, explain why I think he’s wrong, and then say a little about why this issue might be important. (shrink)

Research projects sponsored by rich countries or companies and carried out in developing countries are often described as exploitative. One important debate about the prevention of exploitation in research centres on whether and how clinical research in developing countries should be responsive to local health problems. This paper analyses the responsiveness debate and draws out more general lessons for how policy makers can prevent exploitation in various research contexts. There are two independent ways to do this in the face of (...) entrenched power differences: to impose restrictions on the content of benefit-sharing arrangements, and to institute independent effective oversight. Which method should be chosen is highly dependent on context. (shrink)

This research investigates 3- and 5-year-olds' relative fairness in distributing small collections of even or odd numbers of more or less desirable candies, either with an adult experimenter or between two dolls. The authors compare more than 200 children from around the world, growing up in seven highly contrasted cultural and economic contexts, from rich and poor urban areas, to small-scale traditional and rural communities. Across cultures, young children tend to optimize their own gain, not showing many signs of self-sacrifice (...) or generosity. Already by 3 years of age, self-optimizing in distributive justice is based on perspective taking and rudiments of mind reading. By 5 years, overall, children tend to show more fairness in sharing. What varies across cultures is the magnitude of young children's self-interest. More fairness (less self-interest) in distributive justice is evident by children growing up in small-scale urban and traditional societies thought to promote more collective values. (shrink)

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

If dangerous climate change is to be avoided, it is vital that carbon sinks such as tropical rainforests are protected. But protecting them has costs. These include opportunity costs: the potential economic benefits which those who currently control rainforests have to give up when they are protected. But who should bear those costs? Should countries which happen to have rainforests within their territories sacrifice their own economic development, because of our broader global interests in protecting key carbon sinks? This essay (...) develops an argument from the “principle of fairness,” which seeks to establish that outsiders should pay states with rainforests so as to share the costs of protection. If they do not, they can be condemned for free-riding on forest states. The argument is, I suggest, compelling and also capable of enjoying support from adherents of a wide variety of positions on global justice. (shrink)

This chapter provides a critical overview and interpretation of fair subject selection in clinical and social scientific research. It first provides an analytical framework for thinking about the problem of fair subject selection. It then argues that fair subject selection is best understood as a set of four subprinciples, each with normative force and each with distinct and often conflicting implications for the selection of participants: fair inclusion, fair burden sharing, fair opportunity, and (...) class='Hi'>fair distribution of third-party risks. It then defends an approach to navigating the conflicting imperatives of these subprinciples, one which privileges the need to include epistemically distinct groups in research, before concluding by considering the most pressing research questions regarding fair subject selection. (shrink)

Although the principle of fair subject selection is a widely recognized requirement of ethical clinical research, it often yields conflicting imperatives, thus raising major ethical dilemmas regarding participant selection. In this paper, we diagnose the source of this problem, arguing that the principle of fair subject selection is best understood as a bundle of four distinct sub-principles, each with normative force and each yielding distinct imperatives: (1) fair inclusion; (2) fair burden sharing; (3) fair opportunity; (...) and (4) fair distribution of third-party risks. We first map out these distinct sub-principles, and then identify the ways in which they yield conflicting imperatives for the design of inclusion and exclusion criteria, and the recruitment of participants. We then offer guidance for how decision makers should navigate these conflicting imperatives to ensure that participants are selected fairly. (shrink)

Distribution of responsibility is one of the main focus areas in discussions about climate change ethics. Most of these discussions deal with the distribution of responsibility for climate change mitigation at the international level. The aim of this paper is to investigate if and how these principles can be used to inform the search for a fair distribution of responsibility for climate change adaptation on the local level. We found that the most influential distribution principles on the international level (...) were in turn built on one or more of seven basic principles: (P1) equal shares, (P2) desert, (P3) beneficiary pays, (P4) ability, (P5) self-help, (P6) limited responsibility for the worst off, and (P7) status quo preservation. It was found that all the basic principles, but P1, P3, and P7, are to some extent translatable to local climate adaptation. Two major problems hamper their usefulness on the local level: (1) several categories of agents need to take on responsibility; and (2) emissions do not work as a base for all principles. P4, P5, and P6 are applicable to local adaptation without changes. P4 is of particular importance as it seems to solve the first problem. P2 is applicable only if the second problem is solved, which can be achieved by using risk of harm instead of emissions as the basis for desert. (shrink)

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can generate (...) a duty of fairness and those who argue that only some voluntary action of consent or acceptance of the good can generate such a duty. I defend a version of the principle of fairness that holds that it is the person’s reliance on a scheme for the provision of some product or service that generates duties of fairness to share in the burdens of sustaining the scheme. And, on this version, the principle of fairness is politically significant: regardless of whether the citizen has a duty to obey the law, she will still have important political duties of fairness generated by her reliance on the various public goods provided by those society-wide cooperative schemes sustained by the sacrifices of her fellow citizens. (shrink)

According to the principle that ‘ought’ implies ‘can’, it is never the case that you ought to do something you cannot do. While many accept this principle in some form, it also has its share of critics, and thus it seems desirable if an argument can be offered in its support. The aim of this paper is to examine a particular way in which the principle has been defended, namely, by appeal to considerations of fairness. In a nutshell, the idea (...) (due to David Copp) is that moral requirements we cannot comply with would be unfair, and there cannot be unfair moral requirements. I discuss several ways of spelling out the argument, and argue that all are unsatisfactory for a variety of reasons. (shrink)

There appear to be few ways available to improve the prospects for international cooperation to address the threat of global warming within the very short timeframe for action. I argue that the most effective and plausible way to break the ongoing pattern of delay in the international climate regime is for economically powerful states to take the lead domestically and demonstrate that economic welfare is compatible with rapidly decreasing GHG emissions. However, the costs and risks of acting first can be (...) very large. This raises the question of whether it is fair to expect some states to go far ahead of others in an effort to improve the conditions for cooperation. I argue that a costly obligation to act unilaterally and to accept weak initial reciprocity can be justified and does not violate standards of fair burden sharing. Rather, the costs of creating the underlying conditions within which we can hope to achieve meaningful international cooperation are non-­‐ideal burdens for which we can appropriately assign fair shares. (shrink)

The COVID-19 pandemic has helped to clarify the fair and equitable allocation of scarce medical resources, both within and among countries. The ethical allocation of such resources entails a three-step process: (1) elucidating the fundamental ethical values for allocation, (2) using these values to delineate priority tiers for scarce resources, and (3) implementing the prioritisation to faithfully realise the fundamental values. Myriad reports and assessments have elucidated five core substantive values for ethical allocation: maximising benefits and minimising harms, mitigating (...) unfair disadvantage, equal moral concern, reciprocity, and instrumental value. These values are universal. None of the values are sufficient alone, and their relative weight and application will vary by context. In addition, there are procedural principles such as transparency, engagement, and evidence-responsiveness. Prioritising instrumental value and minimising harms during the COVID-19 pandemic led to widespread agreement on priority tiers to include health-care workers, first responders, people living in congregate housing, and people with an increased risk of death, such as older adults and individuals with medical conditions. However, the pandemic also revealed problems with the implementation of these values and priority tiers, such as allocation on the basis of population rather than COVID-19 burden, and passive allocation that exacerbated disparities by requiring recipients to spend time booking and travelling to appointments. This ethical framework should be the starting point for the allocation of scarce medical resources in future pandemics and other public health conditions. For instance, allocation of the new malaria vaccine among sub-Saharan African countries should be based not on reciprocity to countries that participated in research, but on maximally reducing serious illness and deaths, especially among infants and children. (shrink)

In Ethics for a Broken World : Imagining Philosophy after Catastrophe, Tim Mulgan applies a number of influential moral and political theories to a “broken world ”: a world of environmental catastrophe in which resources are insufficient to meet everyone’s basic needs. This paper shows that John Rawls’ conception of justice as fairness has very different implications for a broken world than Mulgan suggests it does. §1 briefly summarizes Rawls’ conception of justice, including how Rawls uses a hypothetical model – (...) the “original position” – to argue for principles of justice. §2 explains how Mulgan uses a variation of Rawls’ original position – a broken original position – to argue that justice as fairness requires a “fair survival lottery” in a broken world. §3 shows that the parties to a broken original position have reasons not to agree to such a survival lottery. §4 then shows that Mulgan’s argument hangs upon a false assumption: that there are no viable options to adopt in a broken world besides some kind of survival lottery. Finally, §5 shows that the parties to a broken original position would instead rationally agree to a scheme of equal rights and opportunities to earn or forfeit shares of scarce resources on the basis of each person’s comparative contribution to human survival. (shrink)

It is often argued that our obligations to address structural injustice are collective in character. But what exactly does it mean for ‘ordinary citizens’ to have collective obligations visà- vis large-scale injustice? In this paper, I propose to pay closer attention to the different kinds of collective action needed in addressing some of these structural injustices and the extent to which these are available to large, unorganised groups of people. I argue that large, dispersed and unorganised groups of people are (...) often in a position to perform distributive collective actions. As such, ordinary citizens can have massively shared obligations to address structural injustice through distributive action, but, ultimately, such obligations are ‘collective’ only in a fairly weak sense. (shrink)

The article by MacKay and Saylor (2020) claims that the principle of fair subject selection yields conflicting imperatives (e.g. in the case of pregnant women) and should be understood as “a bundle of four distinct sub-principles” (i.e. fair inclusion, burden sharing, opportunity, distribution of third-party risks), each having conflicting normative recommendations (MacKay and Saylor 2020). The authors also offer guidance as to how we should navigate between subprinciples that may conflict with each other. The problem is a crucial (...) one since fair subject selection is one of the principles regulating clinical research that produces generalizable knowledge with the potential of improving people’s health. Therefore, there may be cases where the way in which participants are selected directly influences the generalizability (or its lack) of the clinically relevant knowledge and its value (if any) to different groups. In my commentary article, written from the philosophical perspective, I notice a number of interrelated problems which I believe have not been discussed thoroughly in the target article: (1) the precise way in which health care priority setting should influence the content of health research priority setting and fair inclusion principles; (2) the distinction between group and individual benefits and burdens from clinical research; (3) the reference class problem in medical research. (shrink)

While there is an extensive literature on how the precautionary principle should be interpreted and when precautions should be taken, relatively little discussion exists about the fair distribution of costs of taking precautions. We address this issue by proposing a general framework for deciding how costs of precautions should be shared, which consists of a series of default principles that are triggered according to desert, rights, and ability to pay. The framework is developed with close attention to the pragmatics (...) of how distributions will affect actual behaviours. It is intended to help decision-makers think more systematically about distributional consequences of taking precautionary measures, thereby to improve decision-making. Two case studies—one about a ban on turtle fishing in Costa Rica, and one about a deep-sea mining project in Papua New Guinea—are given to show how the framework can be applied. (shrink)

AbstractSome sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

Wearable devices are increasingly present in the health context, as tools for biomedical research and clinical care. In this context, wearables are considered key tools for a more digital, personalised, preventive medicine. At the same time, wearables have also been associated with issues and risks, such as those connected to privacy and data sharing. Yet, discussions in the literature have mostly focused on either technical or ethical considerations, framing these as largely separate areas of discussion, and the contribution of wearables (...) to the collection, development, application of biomedical knowledge has only partially been discussed. To fill in these gaps, in this article we provide an epistemic (knowledgerelated) overview of the main functions of wearable technology for health: monitoring, screening, detection, and prediction. On this basis, we identify 4 areas of concern in the application of wearables for these functions: data quality, balanced estimations, health equity, and fairness. To move the field forward in an effective and beneficial direction, we present recommendations for the 4 areas: local standards of quality, interoperability, access, and representativity. (shrink)

In this article I explore two accounts of the Fallacy of Many Questions made famous by the question "Have you stopped beating your wife?" The accounts are from the works of Lennart Aqvist and Noel Belnap, and the two authors differ in their accounts of the fallacy. Then I give my own account based on understanding a facet of erotetic logic, i. e., the logic of questions.

Three recent research reports by Topping and Trickey, by Fair and colleagues, and by Gorard, Siddiqui and Huat See have produced data that support the conclusion that a Philosophy for Children program of one-hour-per-week structured discussions has a marked positive impact on students. This article presents data from a follow up study done three years after the completion of the study reported in Fair et al.. The data show that the positive gains in scores on the Cognitive Abilities (...) Test were still present and had not faded after three years. Given the strength of these confirmations of the positive durable impact of the P4C program of structured discussions and given the relatively low cost of implementing the P4C program, it is recommended that it become a standard part of the school curriculum. (shrink)

The sense of fairness is a central aspect of human moral psychology. Intuitions about fairness lead to many widespread moral beliefs, such as the belief that the punishment should fit the crime or the belief that one deserves a fair share of what one has earned. In The Origins of Fairness, Nicolas Baumard sets out to shed light on the evolutionary origin of these intuitions. He argues that the human sense of fairness is innate and universal, and he offers (...) an account of its evolution that highlights the role of bargaining in early human “cooperation markets.”. (shrink)

Many discussions of love and the family treat issues of justice as something alien. On this view, concerns about whether one's family is internally just are in tension with the modes of interaction that are characteristic of loving families. In this essay, we challenge this widespread view. We argue that once justice becomes a shared family concern, its pursuit is compatible with loving familial relations. We examine four arguments for the thesis that a concern with justice is not at home (...) within a loving family, and we explain why these arguments fail. We develop and defend an alternative conception of the justice-oriented loving family, arguing that justice can—and, for the sake of justice, should—be seen as a family value. (shrink)

At the United Nations climate change conference in 2011, parties decided to launch the “Durban Platform” to work towards a new long-term climate agreement. The decision was notable for the absence of any reference to “equity”, a prominent principle in all previous major climate agreements. Wealthy countries resisted the inclusion of equity on the grounds that the term had become too closely yoked to developing countries’ favored conception of equity. This conception, according to wealthy countries, exempts developing countries from making (...) commitments that are stringent enough for the collective effort needed to avoid dangerous climate change. In circumstances where even mentioning the term equity has become problematic, a critical question is whether scope for a fair agreement is being squeezed out of negotiations. To address this question we set out a conceptual framework for normative theorizing about fairness in international negotiations, accompanied by a set of minimal standards of fairness and plausible feasibility constraints for sharing the global climate change mitigation effort. We argue that a fair and feasible agreement may be reached by (i) reforming the current binary approach to differentiating developed and developing country groups, in tandem with (ii) introducing a more principled approach to differentiating the mitigation commitments of individual countries. These two priorities may provide the basis for a principled bargain between developed and developing countries that safeguards the opportunity to avoid dangerous climate change without sacrificing widely acceptable conceptions of equity. (shrink)

Over the last decade, the phenomenon called collaborative economy or sharing economy gained significant dimensions and crossed many sectors of economic and social life, creating new business models. Despite the growing interest, there is no single concept for its definition, manifestations, impacts and business models, while at the same time, digital platforms have allowed its sophisticated development. The seen emergence of sharing economy in Bulgaria brings out the need to study the phenomenon at the national level, its context, development, stakeholders. (...) The aim of this chapter is to shed light on the main manifestations and regulatory issues of the sharing economy in Bulgaria and to discuss its stage of development critically. The first part starts with a review of definition aspects and academic conceptualisation of the sharing economy and key issues. In the second part, aspects of the context and manifestations in the development of the phenomenon are discussed. Then, looking at several national examples of market players, an attempt is made to present the sectoral scope of the sharing economy and its development and to highlight the active stakeholders in the market. The study concludes with a discussion on the policies to be developed at the national level and future research to be carried out in order to catch the potential opportunities and overcome potential barriers. (shrink)

This commentary records, through notes taken by Hermias, Syrianus' seminar on Plato's Phaedrus, one of the world's most influential celebrations of erotic beauty and love. It is the only Neoplatonic commentary on Plato's Phaedrus to have survived in its entirety. Further interest comes from the recorded interventions by Syrianus' pupils - including those by Proclus, his eventual successor as head of the Athenian school, who went on to teach Hermias' father, Ammonius. The second of two volumes of Hermias' commentary, the (...) chapters translated here begin with a discussion of how the discarnate soul is visualised as a winged chariot team whose charioteer may gain some glimpse of beauty itself, which can explain subsequent erotic longing. This volume provides a translation is accompanied by explanatory notes, an introduction detailing the significance and context of the treatise and a scholarly apparatus including multiple indexes, glossaries and a bibliography. (shrink)

This paper will attempt to reposition Ludwig von Mises’s methodological Apriorism and the Austrian economic method firmly in the Aristotelian realist tradition of Apriorism, rather than the more problematic Apriorism associated with Kantian idealism. The author will argue that the Misean method whilst aesthetically Kantian, is far more nuanced than semantics suggest.

Translation and commentary on the only surviving sustained work on Plato's Phaedrus from antiquity.

The evidence is overwhelming that members of particularly wealthy and industry-owning segments of Western societies have much larger carbon footprints than most other humans, and thereby contribute far more than their “fair share” to the enormous problem of climate change. Nonetheless, in this paper we shall counsel against a strategy focused primarily on blaming and shaming and propose, instead, a change in the ethical conversation about climate change. We recommend a shift in the ethical framework from a focus on (...) the role of individual agents and a conversation about guilt; in its place, we propose a relational approach to public health ethics that is centered around the idea of relational solidarity. We begin by briefly reviewing the most common—and woefully inadequate—approach in the West to reducing emissions and responding to the health-related impacts of climate change. We then go on to propose a relational approach to public health ethics as an alternative ethical framework that better fits the moral problems associated with climate change and holds promise for a more meaningful response. (shrink)

Care-supporting policies incentivise women’s withdrawal from the labour market, thereby reinforcing statistical discrimination and further undermining equality of opportunities between women and men for positions of advantage. This, I argue, is not sufficient reason against such policies. Supporting care also improves the overall condition of disadvantaged women who are care-givers; justice gives priority to the latter. Moreover, some of the most advantageous existing jobs entail excessive benefits; we should discount the value of allocating such jobs meritocratically. Further, women who have (...) a real chance to occupy positions of advantage have most likely already enjoyed more than their fair share of opportunities; they lack a claim to more. Women can have a complaint grounded in the expressive disvalue of sexist discrimination. This gives them special claims against men occupying the vast majority of top positions and against their higher share of opportunities for positions of advantage. But their claim does not speak against care-supporting policies. (shrink)

Obstacles to achieving a global climate treaty include disagreements about questions of justice raised by the UNFCCC's principle that countries should respond to climate change by taking cooperative action "in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions". Aiming to circumvent such disagreements, Climate Change Justice authors Eric Posner and David Weisbach argue against shaping treaty proposals according to requirements of either distributive or corrective justice. The USA's climate envoy, Todd Stern, takes (...) a similar position. In this article I explain the practical and theoretical drawbacks of Posner & Weisbach's welfarist perspective and propose an alternative. I show that their arguments fail to rule out John Rawls' non-utilitarian, political conception of international justice and human rights, the Law of Peoples. On this basis I develop a conception of climate justice that highlights implications of some of Rawls' principles and adds a principle for determining fair shares of climate -treaty-related benefits and burdens. I propose this conception as a moral framework for negotiating a treaty that would promote human welfare consistently with requirements of justice, and I argue that a treaty proposal satisfying these requirements could best satisfy Posner & Weisbach's own feasibility criteria. (shrink)

With the existing commitments to climate change mitigation, global warming is likely to exceed 2°C and to trigger irreversible and harmful threshold effects. The difference between the reductions necessary to keep the 2°C limit and those reductions countries have currently committed to is called the ‘emissions gap’. I argue that capable states not only have a moral duty to make voluntary contributions to bridge that gap, but that complying states ought to make up for the failures of some other states (...) to comply with this duty. While defecting or doing less than one’s fair share can be a good move in certain circumstances, it would be morally wrong in this situation. In order to bridge the emissions gap, willing states ought to take up the slack left by others. The paper will reject the unfairness-objection, namely that it is wrong to require agents to take on additional costs to discharge duties that are not primarily theirs. Sometimes what is morally right is simply unfair. (shrink)

Sabine Hohl and Dominic Roser argue that states that emit their fair share of greenhouse gases have a duty to step in for states that emit more than their fair share. In this comment I ask two questions: First, given that Hohl and Roser are right, how relevant is the duty to step in for the polluters in practice? Second, is there such a duty on more non-ideal approaches than the one taken by Hohl and Roser as well? (...) I argue that the duty to step in for the polluters is not very relevant (because of considerations of demandingness and fairness) and that on more extremely non-ideal approaches there may be only a limited duty to take up the slack, or no such duty at all (because the duty must be weighed against other duties, and because states are poorly motivated to act in conformity with it). (shrink)

This paper argues that we hold two key duties to future people: to leave them enough in an absolute sense, and to leave them their fair share. Even if we benefit people by bringing them into existence, we can wrongly exploit our position to take more than our share of benefits. As in paradigm cases of exploitation, just because future people might agree to the ‘bargain’, this does not mean that they receive enough.

ABSTRACTPeople smugglers help transport migrants across international borders without authorization and in return for compensation. Many people object to people smuggling and believe that the smuggling of migrants is an evil trade. In this paper, I offer a qualified defense of people smuggling. In particular, I argue that people smuggling that assists refugees in escaping threats to their rights can be morally justified. I then rebut the objections that people smugglers exploit migrants, have defective motivations, and wrongly violate the law. (...) My conclusion is that people smuggling is sometimes a permissible way of helping refugees to evade unjust immigration restrictions and compelling states to bear their fair share of the global refugee population. (shrink)

A private property account is central to a liberal theory of justice. Much of the appeal of the Lockean theory stems from its account of the so-called `enough-and-as-good' proviso, a principle which aims to specify each employable person's fair share of the earth's material resources. I argue that to date Lockeans have failed to show how the proviso can be applied without thereby undermining a guiding intuition in Lockean theory. This guiding intuition is that by interacting in accordance with (...) the proviso persons interact as free and equal, or as reciprocally subject to the `laws of nature' rather than as subject to one another's arbitrary will. Because Locke's own and contemporary Lockean conceptions of the proviso subject some persons to some other persons' arbitrary will, the proviso so conceived cannot function as it should, namely as a principle that restricts interacting persons' actions reciprocally and thereby enables Lockean freedom under law. (shrink)

Choices of jobs and careers are among the ethically significant choices individuals make. This article argues against the 'maximalist' view that we are ethically required to choose those jobs and careers (among those that are not intrinsically wrong) that are best overall in terms of benfitting others or addressing injustice. Because such choices are often identity-based, the maximalist view is overly demanding, in the way that requiring individuals to marry on the basis of a maximalist demand is too demanding. Job (...) and career choices are instead subject to a stringent, but less demanding, fair share standard, according to which they must enable individuals to do their fair individual share to benefit others or address injustice. (shrink)

Local opposition to infrastructure projects implementing renewable energy (RE) such as wind farms is often strong even if state-wide support for RE is strikingly high. The slogan “Not In My BackYard” (NIMBY) has become synonymous for this kind of protest. This paper revisits the question of what is wrong with NIMBYs about RE projects and how to best address them. I will argue that local opponents to wind farm (and other RE) developments do not necessarily fail to contribute their (...) class='Hi'>fair share to producing a desirable public good (clean energy). In fact, with landscape concerns being at the heart of much protest, the question of fair burden distribution becomes sidelined: landscape impacts cannot be distributed nor compensated for. Protests may be attempts to express a true conflict of (incommensurable) values. Understanding them as such will help us better address NIMBY concerns and overcome such opposition through ensuring procedural justice. (shrink)

Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This paper focuses (...) on issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (shrink)

This chapter discusses major theories of domestic justice in the context of South African Constitutional, statutory and case law. It begins by considering when it is permissible for legislators to restrict civil liberty. South Africa's Parliament has criminalised prostitution, liquor sales on Sundays and marijuana use, actions that few liberals would say should be illegal. However, South African law permits abortion, gambling and homosexual relationships, which many conservatives would criminalise. Is there any deep inconsistency here? Should South Africa become more (...) liberal or less? Then, this essay takes up the issue of the way the law ought to govern the distribution of personal property such as houses, TVs and money. Is it permissible for the state to force those who have acquired wealth without using force or fraud to give some of it to those with less? Libertarians say that it is not permissible, while redistributivists say that it is. If the latter are correct, are wealthy South Africans giving their fair share, and is the South African state redistributing it in the right way? Next, the discussion considers whether the law should protect private property, something that capitalists affirm and socialists deny. Despite its socialist disposition before the end of apartheid, the ANC has decisively promoted private ownership of the means of production. Has this been appropriate? Is there a 'third way' between the communism of the East and the capitalism of the West that South Africa should pursue? The chapter concludes by providing a brief summary of the use of legal coercion in the new South Africa along with readings for further consideration. (shrink)

What is discrimination and what makes wrongful discrimination wrong? Even after an ever-rising tide of research over the course of the past twenty-five or so years these questions still remain hard to answer. Exercising candid and self-critical hindsight, Larry Alexander, who contributed his fair share to this tide, thus remarked: “All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.” If this is true (...) it raises serious doubts as to how wrongful discrimination can be a moral wrong in itself. Also, the question comes up as to who it is who breaches a promise or a fiduciary duty. This paper defends the view that the substance of these remarks is better understood by couching them in a political approach towards discrimination. Against this background, they give rise to real and pressing concerns. Once we conceptualise the realm political along Hobbesian lines as the battleground comprising both the private sphere of the individual and the public sphere of the commonwealth it emerges that discrimination has different significance with regard to these respective spheres. In order to illustrate this, I adopt Kasper Lippert-Rasmussen’s descriptive account of discrimination as „differential treatment on the basis of membership of a socially salient group“ and the common view that wrongful discrimination is wrong because it is harmful, disrespectful, or both. In the private sphere the case can be made for morally permissible cases of discrimination. Sexual discrimination due to sexual self-determination with consequently freely choosing your sexual or romantic partner is the central case in point. Where somebody feels unfairly rejected and consequently hurt neither the charge of harm inflicted nor that of disrespect endured need be justified. No “breach of promises or fiduciary duties” is involved. The case is different, however, when it comes to the fiduciary of power. In discriminating, he who exercises the power of the commonwealth necessarily breaches a promise and a fiduciary duty. Discrimination thus appears to be more of a problem of political philosophy than one of applied ethics. [in German] **************************************************************************************************** ******************** Was ist Diskriminierung und warum ist Diskriminierung verwerflich, wenn sie es denn ist? Dies bleibt ungeachtet der seit fünfundzwanzig Jahren anschwellenden Forschungsliteratur unverändert eine harte Nuss. Larry Alexander, der selbst maßgeblich zu dieser Forschungsliteratur beigetragen hat, merkt daher selbstkritisch an: „All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.“ Wenn dies der Fall ist, stellt sich die Frage, wie moralisch verwerfliche Diskriminierung dann noch an sich verwerflich sein kann. Es stellt sich dann auch die Frage, wer hier ein Versprechen bricht und seine Treuepflichten verletzt. Die leitende Annahme dieses Aufsatzes ist es, dass man dem sachlichen Kern dieser Bedenken Rechnung tragen kann, indem man eine politische Perspektive auf das Phänomen der Diskriminierung einnimmt. Die Bedenken erweisen sich dann als substanziell und zutreffend. Konzeptualisieren wir den Bereich des Politischen mit Thomas Hobbes als das Spannungsfeld, das die private Sphäre des Individuums und die öffentliche Sphäre des Gemeinwesens gegeneinander abgrenzt, wird sichtbar, dass Diskriminierung in diesen Sphären jeweils unterschiedlich zu bewerten ist. Um dies zu verdeutlichen, lege ich Kasper Lippert-Rasmussens deskriptives Verständnis von Diskriminierung als „differential treatment on the basis of membership of a socially salient group“ zugrunde und mache von der in der Diskussion verbreiteten Ansicht Gebrauch, dass das Zufügen von Schaden oder die Verweigerung von Respekt Diskriminierung verwerflich macht. In der privaten Sphäre kann es nun Fälle moralisch zulässiger Diskriminierung geben. Zentral ist die sexuelle Diskriminierung aufgrund der Ausübung einer freien Wahl des eigenen Sexual- oder Liebespartners. Auch wenn sich der Abgewiesene womöglich geschädigt sieht, wird unbilliger Schaden nicht zugefügt und geschul- deter Respekt nicht verweigert. Den Grund finden wir in Alexanders Formel: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt nicht vor. Anders im Fall staatlicher Diskriminierung: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt hier stets vor, da Fälle staatlicher Diskriminierung regelmäßig Machtmissbrauch darstellen: Der Inhaber staatlicher Gewalt verletzt die Treuepflicht, das Mandat unparteilich auszuüben, das getreulich auszuführen er gelobt hat. Diskriminierung erscheint also weniger als ein Problem der angewandten Ethik denn als eines der politischen Philosophie. (shrink)

_ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. (...) Many existing states are democratic legal states, but none satisfies more rigorous requirements of distributive justice. There, citizens who hold assets, in excess of what is just, bear a distributed duty to dedicate that excess toward correcting the injustice. It is an incremental good case not conditioned on the conformity of others who are also wealthier than justice allows, nor on the diligence of the state in meeting its obligations. (shrink)

What are we morally required to do for strangers? To answer this question – a question about the scope of requirements to aid strangers – we must first answer a question about justification: why are we required to aid them (when we are)? The main paper focuses largely on answering the question about justification, but does so in order to arrive at an answer to the question about scope. Three main issues are discussed. First, to what extent should requirements of (...) beneficence – requirements to benefit other people – be seen as generated by people’s rights to receiving aid? Secondly, what is the relationship between requirements of beneficence that apply to us collectively and requirements of beneficence that apply to each of us individually? According to Liam Murphy, our obligations to help distant strangers are fundamentally collective obligations, and any individual obligations we bear are consequently obligations to discharge our “fair share” of these collective obligations. I shall argue that, on the contrary, there are large-scale collective obligations of beneficence that derive from more fundamental individual obligations. My third issue concerns the moral significance of citizenship. What morally relevant difference is there between strangers who are compatriots and those who are not? (shrink)

Given the robust reputation of Nigeria in Africa, as a continental giant, and the need to harness the potentials of the nation to strategically reposition her economy on the global map in the 21st century, the nation is in dire need of speedy development. With a population of over 160 million, the country is blessed with both human and natural resources. Like other African countries, Nigeria has had her fair share of colonial experience which ended on October 1st, 1960 (...) when the nation was granted independence by the British government. Nigeria’s independence is undoubtedly a political phenomenon as the nation still largely depends economically and socially on foreign nations especially developed countries like Britain, America and China. (shrink)

The book titled The Collaborative Economy in Action: European Perspectives is one of the important outcomes of the COST Action CA16121, From Sharing to Caring: Examining the Socio-Technical Aspects of the Collaborative Economy that was active between March 2017 and September 2021. The Action was funded by the European Cooperation in Science and Technology - COST. The main objective of the COST Action Sharing and Caring is the development of a European network of researchers and practitioners interested in investigating the (...) collaborative economy models, platforms, and their socio-technological implications. The network involves scholars, practitioners, communities, and policymakers. The COST Action Sharing and Caring helped to connect research initiatives across Europe and enabled scientists to develop their ideas by collaborating with peers. This collaboration opportunity represented a boost for the participants’ research, careers, and innovation potential. The main aim of this book is to provide a comprehensive overview of the collaborative economy in European countries with a variety of its aspects for a deeper understanding of the phenomenon as a whole. For this reason, in July 2017, an open call for country reports was distributed among the members of the COST Action Sharing and Caring. Representatives of the member countries were invited to produce short country reports covering: definition of the CE; types and models of the CE; key stakeholders involved; as well as legislation and technological tools relevant for the CE. Submitted reports varied in length and regarding the level of detail included, in accordance with how much information was available in each respective country at the time of writing. Editors of the book have compiled these early reports into a summary report, which was intended as a first step in mapping the state of the CE in Europe. The Member Countries Report on the Collaborative Economy, edited by Gaia Mosconi, Agnieszka Lukasiewicz, and Gabriela Avram that was published on the Sharing and Caring website, represented its first synergetic outcome and provided an overview of the CE phenomenon as interpreted and manifested in each of the countries part of the network. Additionally, Sergio Nassare-Aznar, Kosjenka Dumančić, and Giulia Priora compiled a Preliminary Legal Analysis of Country Reports on Cases of Collaborative Economy. In 2018, after undertaking an analysis of the previous reports’ strengths and weaknesses, the book editors issued a call for an updated version of these country reports. Prof. Ann Light advised the editorial team, proposing a new format for country reports and 4000 words limit. The template included: Introduction, Definition, Key Questions, Examples, Illustration, Context, Developments, Issues, Other Major Players, and Relevant Literature. The new template was approved by the Management Committee in October 2018. The task force that had supported the production of the first series of country reports acted as mentors for the team of authors in each country. The final reports arrived at the end of 2018, bringing the total number of submissions to 30. A call for book editors was issued, and a new editorial team was formed by volunteers from the participants of the COST Action: Andrzej Klimczuk, Vida Česnuityte, Cristina Miguel, Santa Mijalche, Gabriela Avram, Bori Simonovits, Bálint Balázs, Kostas Stefanidis, and Rafael Laurenti. The editorial team organized the double-blind reviews of reports and communicated to the authors the requirements for improving their texts. After reviews, the authors submitted updated versions of their country reports providing up-to-date interdisciplinary analysis on the state of the CE in 2019, when the reports were collected. During the final phase, the chapters were again reviewed by the lead editors together with all editorial team members. At the time, the intention was to update these reports again just before the end of the COST Action Sharing and Caring in 2021 and to produce a third edition. However, the COVID-19 pandemic changed these plans. Thus, this final volume was created by 82 scholars-editors and contributors-and consists of reports on 27 countries participating in the COST Action. M4 - Citavi. (shrink)

The term collaborative economy itself is relatively new, and according to the European Commission, the term is used interchangeably with the term sharing economy. The term SE was frequently used when early models, such as Airbnb or ZipCar, appeared and gained popularity, especially in the United States, but it was afterwards substituted with the term CE in the European contexts. The country reports in this collection often use the two terms interchangeably, further illustrating the fact that a generally agreed definition (...) is still missing. However, the ambition driving the term CE is to create specific European economic models with greater emphasis on the community’s involvement. In Europe, it is still the case that the definition of the CE and SE remains fuzzy, including both non-profit and for-profit models, supported by both monetary and non-monetary exchanges among participants. The phenomenon is complex, covering various fields of activity, as well as operating at various levels, ranging from the international to the national, regional, and local. Some definitions focus mostly on sustainability, while others highlight technological and financial aspects and business models specific to the phenomenon. This chapter is organized as follows. First, a short overview of the basic theoretical approaches to CE is presented. Further, the structure of the book is discussed in detail, and the text closes with a summary. M4 - Citavi. (shrink)

Based on the presentation of a research framework (the shared work of teachers), this text uses an empirical approach to examine the hypothesis of a co-elaboration of the professional situation. To do so, the empirical investigation, based on the Goffman framework, analyzes the process of reconstructing a teaching session (reference situation) over the course of a pedagogical counselling session (support situation) characterized by interaction between a beginning teacher and a trainer. The invalidation of the hypothesis leads to a suggested conceptualization (...) of the professional situation combining definitional approaches (emphasizing the duality between its singularity and its genericity) and methodological approaches. -/- A partir de la présentation d’un cadre de recherche (le travail partagé des enseignants), ce texte soumet à l’empirie l’hypothèse de la co-élaboration de la situation professionnelle. Pour ce faire, en s’appuyant sur le cadre de Goffman, l’enquête empirique analyse le processus de reconstruction d’une séance d’enseignement (situation de référence) au cours d’une séance de conseil pédagogique (situation support) caractérisée par l’interaction entre une enseignante débutante et un formateur. L’invalidation de l’hypothèse débouche sur une proposition de conceptualisation de la situation professionnelle qui combine des approches définitoires (insistant sur la dualité entre sa singularité et sa généricité) et méthodologiques. (shrink)

This article develops a liberal theory of cultural rights that must be guaranteed by just legal and political institutions. People form their own individual conceptions of the good in the cultural space constructed by the political societies they inhabit. This article argues that only rarely do individuals develop views of what is valuable that diverge more than slightly from the conceptions of the good widely circulating in their societies. In order for everyone to have an equal opportunity to autonomously form (...) their own independent conception of the good, rather than merely following others, culture must be democratically controlled. Equal respect for members of a liberal democracy requires that all citizens have roughly equal opportunities to do things like make movies, publish novels, and exhibit paintings. This article contends that the contemporary American legal order fails to guarantee that all cititizens have roughly equal opportunities to shape and influence their shared culture. Guaranteeing the liberty to do so would require reforms to many areas of law, including applying anti-discrimination law more broadly to the conduct of cultural organizations, expanding fair use protections in copyright law, limiting the ability of businesses to arbitrarily refuse service to customers, and restricting private control of capital in order to democratize the means of cultural production. (shrink)

Observations of animals engaging in apparently moral behavior have led academics and the public alike to ask whether morality is shared between humans and other animals. Some philosophers explicitly argue that morality is unique to humans, because moral agency requires capacities that are only demonstrated in our species. Other philosophers argue that some animals can participate in morality because they possess these capacities in a rudimentary form. Scientists have also joined the discussion, and their views are just as varied as (...) the philosophers’. Some research programs examine whether animals countenance specific human norms, such as fairness. Other research programs investigate the cognitive and affective capacities thought to be necessary for morality. There are two sets of concerns that can be raised by these debates. They sometimes suffer from there being no agreed upon theory of morality and no clear account of whether there is a demarcation between moral and social behavior; that is, they lack a proper philosophical foundation. They also sometimes suffer from there being disagreement about the psychological capacities evident in animals. Of these two sets of concerns—the nature of the moral and the scope of psychological capacities—we aim to take on only the second. In this chapter we defend the claim that animals have three sets of capacities that, on some views, are taken as necessary and foundational for moral judgment and action. These are capacities of care, capacities of autonomy, and normative capacities. Care, we argue, is widely found among social animals. Autonomy and normativity are more recent topics of empirical investigation, so while there is less evidence of these capacities at this point in our developing scientific knowledge, the current data is strongly suggestive. (shrink)

In a beautiful recent essay, the philosopher Walter Sinnott-Armstrong explains the reasons for his departure from evangelical Christianity, the religious culture in which he was brought up. Sinnot-Armstrong contrasts the interpretive methods used by good philosophers and fundamentalist believers: Good philosophers face objections and uncertainties. They follow where arguments lead, even when their conclusions are surprising and disturbing. Intellectual honesty is also required of scholars who interpret philosophical texts. If I had distorted Kant’s view to make him reach a conclusion (...) that I preferred, then my philosophy professor would have failed me. The contrast with religious reasoning is stark. My Christian friends seemed happy to hide serious problems in the Bible and in their arguments. They preferred comfort to intellectual honesty. I couldn’t. To what extent can we, historians of philosophy, claim the virtue of intellectual honesty? Speaking frankly, I do not find the practice criticized by Sinnot-Armstrong’s philosophy professor rare or unusual at all. We very frequently distort the views of past philosophers in order to reach the conclusions we prefer. We just call it “Charitable Interpretation.” In this essay, I discuss and criticize the logic behind so-called charitable interpretations in the history of philosophy. This phenomenon is ubiquitous and is not at all restricted to a particular philosophical strand or ideology. Analytic philosophers and post-modernists, Marxists, liberals, secularists, and fundamentalists, we all engage in the very same domestication project. Even more disturbing than the sheer ideological pervasiveness of this phenomenon is the fact that, on many occasions, superb philosophers and historians take part in this fairly childish endeavor. In the first part of this essay, I discuss the general logic of charitable interpretations in the history of philosophy, mostly by addressing discussions in metaphysics and epistemology. In the second part, I focus on the somewhat less noticed use of charitable interpretations in the study of political philosophy, and point out the quintessential role ideology plays in these discussions. In both parts, I concentrate mostly on the interpretation of Spinoza’s thought. I do so not because I have special fondness for Spinoza (“guilty as charged,” I admit), but because Spinoza is such a beast (and may I add, an enchanting beast) and attracts a disproportionate share of the domestication efforts from historians and philosophers of all creeds and persuasions. In the third and final part of the paper, I will begin to outline an alternative methodology, which suggests that past philosophers can be most relevant to our current philosophical discussion, to the extent that they provide us with well-motivated challenges to our common-sense beliefs. Such challenges have the invaluable virtue of being able to undermine our most fundamental and secure beliefs, and force us to engage with the most fundamental questions. What more can we expect from good philosophy? (shrink)