Distributive justice deals with allocations of goods and bads within a group. Different principles and results of distributions are seen as possible ideals. Often those normative approaches are solely framed verbally, which complicates the application to different concrete distribution situations that are supposed to be evaluated in regard to justice. One possibility in order to frame this precisely and to allow for a fine-grained evaluation of justice lies in formal modelling of these ideals by metrics. Choosing (...) a metric that is supposed to map a certain ideal has to be justified. Such justification might be given by demanding specific substantiated axioms, which have to be met by a metric. This paper introduces such axioms for metrics of distributive justice shown by the example of needs-based justice. Furthermore, some exemplary metrics of needs-based justice and a three dimensional method for visualisation of non-comparative justice axioms or evaluations are presented. Therewith, a base worth discussing for the evaluation and modelling of metrics of distributive justice is given. (shrink)

Need considerations play an important role in empirically informed theories of distributive justice. We propose a concept of need-based justice that is related to social participation and provide an ethical measurement of need-based justice. The β-ε-index satisfies the need-principle, monotonicity, sensitivity, transfer and several »technical« axioms. A numerical example is given.

In attempts to compare different distributions with regards to need, so-called “measures of need-based distributive justice” have emerged in recent years. Each of the proposed measures relies on a single dimension of need that is taken into account. This is shown to be problematic since humans experience different kinds of need that appear to be incommensurable. A strategy to deal with this problem is introduced by using multidimensional measures.

Measures of need-based justice that have been proposed lately rely on a single dimension of need that is taken into account. This is shown to be problematic since humans experience different kinds of need that appear to be incommensurable.

We present a vignette study conducted with a quota sample of the German population (n = 400). Subjects had to redistribute a good between two hypothetical persons who contributed equally to the available amount but differed in quantity needed and the reason for their neediness. On a within-subjects level, we tested for the effects of need, accountability, and resource availability on their third-party distribution decisions. Between subjects, we further varied the kinds of needs: The persons either needed the good (...) as a means to survive, to live a decent life, to participate in society, or to be autonomous. Despite equal productivity, the mean share allocated to the needier person was significantly higher than an equal share. However, this share turned out significantly smaller when the needier person was accountable for needing more than the other. Nonetheless, even if accountable, the needier person still got a share larger than their contribution would suggest. When there was a surplus of resources, the needier person got an even higher share than when resources were scarce. (shrink)

The purpose of this introduction is two-fold. First, it is to provide readers unfamiliar with the debates on practice-dependence with the insight necessary to fully comprehend the different contributions to this volume. Second, it is to make readers already well versed in practice-dependence more sensible to the substantive nature of this view and to provide them with a workable typology. After establishing a first distinction between metaphysical, relational and practice-dependent conceptions of justice, I draw a line, among practice-dependent views, (...) between institutionalism and cultural conventionalism. I complete the typology by differentiating between three forms of institutionalism according to how they regard the institutional fact, namely the fact that individuals are always already placed in a state of submission to existing institutions. Whereas de facto institutionalism describes this fact as a mere factual reality which imposes itself upon human beings, de jure institutionalism regards it as a practical necessity that stands in need of justification to each and every individual. Finally, moral institutionalism accounts for the institutional fact in terms of moral duty , namely the duty to contribute to the emergence of a state of affairs in which everyone’s freedom of choice is respected. (shrink)

In a recent article, Marilyn Baffoe-Bonnie offers three arguments for conducting CRISPR/Cas9 biotechnology research to cure sickle-cell disease (SCD) based on addressing historical and current injustices in SCD research and care. I show that her second and third arguments suffer from roughly the same defect, which is that they really argue for something else rather than for conducting CRISPR/Cas9 research in particular. For instance, the second argument argues that conducting this gene therapy research would improve the relationship between SCD (...) sufferers (who are mostly of African descent) and health care providers. But really what is essential in improving this relationship is for those providers to genuinely care and be concerned, and this could be lacking even with the CRISPR research being done. Indeed, this relationship could be improved even without that research being done, as long as there is genuine concern. Thus, this argument actually argues for the need for genuine concern. As for the third argument, one (of two) problems arises because it claims that CRISPR research for SCD should be pursued because the benefits would be shared by even non-research-participants, as non-participants would be encouraged. However, this argues for any research for SCD, not for CRISPR research in particular. I conclude that a better justice-based argument will use only Baffoe-Bonnie’s first argument, which is based on historic neglect of an actual cure for SCD (going beyond merely management or transplant therapies). (shrink)

This article starts off with a historical section showing that deep disagreements among notions of social and political justice are a characteristic feature of the history of political thought. Since no agreement or consensus on distributive justice is possible, the article argues that political philosophers should – instead of continuously proposing new normative theories of justice – focus on analyzing the reasons, significance, and consequences of such kinds of disagreements. The next two sections are analytical. The (...) first sketches five possible reasons for deep disagreements among notions of social and political justice. The second discusses the meta-ethical relevance of the lack of consensus on justice and rejects ethical realism and cognitivism based on the argument from deep disagreements. (shrink)

This article examines Karl Marx’s distributive justice principle “From each according to his ability, to each according to his needs,” contained in the Critique of the Gotha Program (1875). It argues that Marx advocates for “unequal equality,” since the end result of his principle is unequal contribution (due to the contributors’ different abilities) and unequal distribution (due to recipients’ different needs); that Marx’s principle avoids many pitfalls of contemporary desert theories; that while Marx is critical of formal, abstract (...) right (Recht), he maintains that right will be enhanced in the future communist society; that Marx’s attitude toward work is contradictory, since for him work is both “life’s prime want” and a hindrance to the intellectual and social flourishing possible only in leisure time; that the widespread interpretation of the communist society as one of abundance where all needs can be satisfied has scant textual basis; and that Marx’s principle continues to inspire theories of distributive justice and efforts to expand welfare and social services, and endeavors to establish a classless, cooperative society. (shrink)

Palliative care serves both as an integrated part of treatment and as a last effort to care for those we cannot cure. The extent to which palliative care should be provided and our reasons for doing so have been curiously overlooked in the debate about distributive justice in health and healthcare. We argue that one prominent approach, the Rawlsian approach developed by Norman Daniels, is unable to provide such reasons and such care. This is because of a central (...) feature in Daniels' account, namely that care should be provided to restore people's opportunities. Daniels' view is both unable to provide pain relief to those who need it as a supplement to treatment and, without justice-based reasons to provide palliative care to those whose opportunities cannot be restored. We conclude that this makes Daniels' framework much less attractive. (shrink)

The role that need plays in dealing with problems of distributive justice is examined in a series of vignette studies. Among other things, it becomes clear that impartial observers make gradual assessments of justice that depend on the extent to which the observed individuals are endowed with a good. If it is known how high their need for that good is, the assessments are made relative to this reference point. In addition, impartial decision-makers make hypothetical (...) distribution decisions that take into account need, productivity, and accountability. The need of individuals is partially compensated even if they have contributed less to the available amount than they themselves require. However, the willingness to do so decreases if they are accountable for needing more than others or for having contributed less than others. Lastly, both impartial observers and impartial decision-makers distinguish between different types of needs, the fulfillment of which is given different levels of importance. (shrink)

Through modern driver assistant systems, algorithmic decisions already have a significant impact on the behavior of vehicles in everyday traffic. This will become even more prominent in the near future considering the development of autonomous driving functionality. The need to consider ethical principles in the design of such systems is generally acknowledged. However, scope, principles and strategies for their implementations are not yet clear. Most of the current discussions concentrate on situations of unavoidable crashes in which the life of (...) human beings is existentially affected. In this paper, we argue that ethical considerations should be mandatory for any algorithmic decision of autonomous vehicles, instead of a limitation to hazard situations. Such an ethically aligned behavior is relevant because autonomous vehicles, like any other traffic participants, operate in a shared public space, where every behavioral decision impacts the operational possibilities of others. These possibilities concern the fulfillment of a road-user’s safety, utility and comfort needs. We propose that, to operate ethically in such space, an autonomous vehicle will have to take its behavior decisions according to a just distribution of operational possibilities among all traffic participants. Using an application on a partially-autonomous prototype vehicle, we describe how to apply and implement concepts of distributive justice to the driving environment and demonstrate the impact on its behavior in comparison to an advanced but egoistic decision maker. (shrink)

David Braybrooke argues that meeting people’s needs ought to be the primary goal of social policy. But he then faces the problem of how to deal with the fact that our most pressing needs, needs to be kept alive with resource-draining medical technology, threaten to exhaust our resources for meeting all other needs. I consider several solutions to this problem, eventually suggesting that the need to be kept alive is no different in kind from needs to fulfill various projects, (...) and that needs may have a structure similar to rights, with people’s legitimate needs serving as constraints on each other’s entitlements to resources. This affords a set of axioms constraining possible needs. Further, if, as Braybrooke thinks, needs are created by communities approving projects, so that the means to prosecute the projects then come to count as needs, then communities are obliged to approve only projects that are co-feasible given the world’s finite resources. The result is that it can be legitimate not to funnel resources towards endless life-prolongation projects. (shrink)

It is generally recognised that the potential positive and negative impacts of geoengineering will be distributed unevenly both geographically and temporally. The question of distributive justice in geoengineering thus is one of the major ethical issues associated with geoengineering. Currently, the question of distributive justice in geoengineering is framed in terms of who gets what (potential) benefits and harms from geoengineering, i.e. it is about the distribution of the outcomes of geoengineering. In this paper, I argue (...) that the discussions on distributive justice in geoengineering should not be outcome-based. Instead, it should be risk-based. I identify two problems for framing the question of distributive justice in geoengineering in terms of the distribution of its outcomes, i.e. the ‘if and then’ syndrome and the limited applicability of distributive principles in geoengineering policy, and suggest risk is a more proper object of distribution in the case of geoengineering. Following Hayenhjelm, I argue that the object of distribution in the case of fair distribution of risk should be (i) sources of risks and (ii) precautionary measures. I shall then demonstrate how it can be applied to the question of distributive justice in geoengineering. Finally, I end this paper by exploring the possible responses to the question of distributive justice in geoengineering by three major accounts of distributive justice, i.e. egalitarianism, prioritarianism, and sufficientarianism. (shrink)

The issue of justice after catastrophe is an enormous challenge to contemporary theories of distributive justice. In the past three decades, the controversy over distributive justice has centered on the ideal of equality. One of intensely debated issues concerns what is often called the “equality of what,” on which there are three primary views: welfarism, resourcism, and the capabilities approach. Another major point of dispute can be termed the “equality or another,” about which three positions (...) debate: egalitarianism, prioritarianism, and sufficientarianism. On these topics of distributive justice, authors are concerned with the current difference between the better-off and the worse-off or the present situation of the badly-off. By contrast, it is essential to take account of the past distribution of well-being as well as the present situation in order to explore questions of post-catastrophe justice. Without looking at the pre-disaster distribution of income, preference satisfaction, or basic capabilities among affected people, no present assessment of the damage caused by the disaster could be correct and no proposed remedy adequate. It is true that luck egalitarians assess the current distribution among people by referring to the decision that each individual made. Yet they pay scant attention to the situation in which each one stayed in the past. Therefore, we can legitimately say that most theorists of distributive justice, including luck egalitarians, have failed to give consideration to the past state of each person. -/- To fill this gap in the literature, the present article explores philosophical questions that arise when we take account of each person’s past and present situations in discussing distributive justice regarding public compensation and assistance to survivors and families of victims of natural and industrial disasters. In addressing these novel questions, I develop and refine various concepts, ideas, and arguments that have been presented in the study of distributive justice in normal settings. I tackle two tasks, the first of which is to explore the foundation and scope of luck egalitarianism. Despite the moral appeal it has in many cases, luck egalitarianism has attracted the so-called harshness objection. Some luck egalitarians attempt to avoid this objection in a pragmatic way by combining the luck egalitarian doctrine with the principle of basic needs satisfaction. However, they do not provide any systematic rationale for this combination. In contrast with such pragmatic responses, I seek to offer a principled argument for holding individuals responsible for their choices only when their basic needs are met, by invoking the ideas of respect for human voluntariness and rescue of human vulnerability. Based on this argument, I propose a form of responsibility-sensitive theory, which considers the pre-disaster distribution of well-being as a default position. The second task I take on is to refine sufficientarianism in the context of post-catastrophe justice. Luck egalitarianism with boundaries set by the basic needs principle seems to indicate the potential for sufficientarianism. But major proponents of this view conceive the welfarist assumption, a considerably high standard of well-being, and the controversial treatment of persons staying below the threshold, all of which seem problematic in the post-disaster situation. I try to construct a new version of sufficientarianism by replacing these current features with more robust ones. (shrink)

From the day on which humans are born they need things. Some of these needs seem “basic,” such as our needs for food, water or shelter. Everybody has these needs. We cannot escape them. We also cannot escape the serious harm that arises when these needs remain unsatisfied. It is thus no wonder that in thinking about what we ought to do some researchers have suggested to first and foremost focus on people's basic needs. Such need‐based theories (...) must answer three main questions: What are basic needs? What are their implications for normative questions? And how can these needs and their satisfaction be measured? Proponents must also defend these theories against objections, such as against the objections that the theories are paternalistic, materialistic, and passivity‐promoting. Depending on their goals and contexts (distributive justice, sustainable development, human rights, etc.), appeals to basic needs may take various different forms. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, (...) since history suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (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)

In this paper I discuss justice in the distribution of resources, both within states and across different states. On one influential view, it is always unjust for one person to have less than another through no fault of her own. State borders, on this account, have no importance in determining which distributions are just. I show that an alternative approach is needed. I argue that distributions of wealth are only unjust in so far as they issue from unfair treatment. (...) It follows that not all inequalities in the distribution of goods are unjust. I use these results to explain how state borders do play a role in determining which inequalities are unjust, since some of these inequalities issue from unfair treatment of citizens by the state. (shrink)

Bedürfnisse sind etwas, das uns als Menschen grundlegend bestimmt. Der vorliegende Band fasst eine Reihe von Vignettenstudien zusammen, in denen untersucht wird, welche Rolle Bedürfnisse im Umgang mit Problemen der Verteilungsgerechtigkeit spielen. Während sie in Diskussionen zur Verteilungsgerechtigkeit häufig eher unterrepräsentiert sind, wird hier gezeigt, dass sie eine fundamentale Bedeutung im Denken der Menschen haben. Es wird unter anderem deutlich, dass unparteiischen Beobachter*innen graduelle Gerechtigkeitseinschätzungen von Verteilungssituationen vornehmen, die davon abhängig sind, wie umfangreich die beobachteten Parteien mit einem Gut ausgestattet (...) sind. Wenn außerdem bekannt ist, wie hoch deren Bedarf an jenem Gut ist, finden die Einschätzungen relativ zu diesem Referenzpunkt statt. Außerdem werden in der Rolle von unparteiischen Entscheider*innen hypothetische Verteilungsentscheidungen getroffen, die den Bedarf, die Leistung sowie die Verantwortung der betroffenen Parteien berücksichtigen. Hierbei wird der Bedarf einer Partei auch dann zumindest teilweise kompensiert, wenn diese weniger zu der zur Verfügung stehenden Gütermenge beigetragen hat, als sie selbst benötigt. Die Bereitschaft, den Bedarf einer Partei teilweise zu kompensieren, sinkt jedoch, wenn sie dafür verantwortlich ist, mehr als andere zu benötigen oder weniger als andere beigetragen zu haben. Und sowohl in der Rolle von unparteiischen Beobachter*innen als auch in der Rolle von unparteiischen Entscheider*innen wird zwischen unterschiedlichen Bedarfsarten unterschieden, deren Erfüllung verschiedene Wichtigkeit beigemessen wird. (shrink)

The article presents an original needs-based partial theory of human injustice and shows its relationship to existing theories of human need and human liberation. The theory is based on an original typology of three social structural sources of human injustice, a partial theorization of the mechanisms of human injustice, and a needs-based theorization of the nature of human injustice, as experienced by individuals. The article makes a sociological contribution to normative social theory by clarifying the relationship (...) of human injustice to human needs, human rights, and human liberation. The theory contends that human injustice is produced when oppression, mechanistic dehumanization, and exploitation create systematic inequality in opportunities to address human needs, leading to wrongful need deprivation and the resulting serious harm. In one longer sentence, this needs-based partial theory of the sources, mechanisms, and nature of human injustice contends that three distinct social systemic sources—oppression, mechanistic dehumanization, and exploitation—produce unique and/or overlapping social mechanisms, which create systematic inequality in opportunities to address universal human needs in culturally specific ways, thus producing the nature of the human injustice theorized here: wrongfully unmet needs and serious harm. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

South Africa is a highly distributively unequal country, and its inequality continues to be largely along racial lines. Such circumstances call for assessment from the perspective of contemporary theories of distributive justice. Three such theories—Rawlsian justice, utilitarianism, and luck egalitarianism—are described and applied. Rawls' difference principle recommends that the worst off be made as well as they can be, a standard which South Africa clearly falls short of. Utilitarianism recommends the maximization of overall societal well-being, a goal (...) which South Africa again fails to achieve given its severe inequality and the fact of the diminishing marginal value of money—that a given amount of money tends to produce more utility for a poor person than it does for a rich person. The final theory, luck egalitarianism, aims to make distributions sensitive to individual exercises of responsibility. This view also objects to South Africa's inequality, this time on the basis that the poor are overwhelmingly worse off through no fault or choice of their own. These major theories of distributive justice therefore all propose large-scale redistribution to the benefit of the (predominantly black) poor. Perhaps more surprisingly, all three views also provide support for socio-economic affirmative action, as opposed to South Africa's race-based Black Economic Empowerment. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is, those things any rational person would desire, such as opportunities, liberties, rights, wealth, and the bases of self-respect. Rawls' method of adopting the "original position" is supposed to yield a "fair" way of distributing such goods. A just society would also have the need (unmet in the above work) to ascertain how the victims of injustice ought (...) to be compensated, since history strongly suggests that social contracts are likely to be violated. This paper sets forth the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

The problem of standard of care in clinical research concerns the level of treatment that investigators must provide to subjects in clinical trials. Commentators often formulate answers to this problem by appealing to two distinct types of obligations: professional obligations and natural duties. In this article, I investigate whether investigators also possess institutional obligations that are directly relevant to the problem of standard of care, that is, those obligations a person has because she occupies a particular institutional role. I examine (...) two types of institutional contexts: (1) public research agencies – agencies or departments of states that fund or conduct clinical research in the public interest; and (2) private-for-profit corporations. I argue that investigators who are employed or have their research sponsored by the former have a distinctive institutional obligation to conduct their research in a way that is consistent with the state's duty of distributive justice to provide its citizens with access to basic health care, and its duty to aid citizens of lower income countries. By contrast, I argue that investigators who are employed or have their research sponsored by private-for-profit corporations do not possess this obligation nor any other institutional obligation that is directly relevant to the ethics of RCTs. My account of the institutional obligations of investigators aims to contribute to the development of a reasonable, distributive justice-based account of standard of care. (shrink)

Problems in normative ethics paradigmatically concern what it is obligatory or permissible for an individual to do. Yet sometimes, each of us ought to do something individually in virtue of what we ought to do together. Unfortunately, traversing these two different levels at which a moral obligation can arise – individual and collective – is fraught with difficulties that easily lure us into conclusions muddying our understanding of collective obligations. This paper seeks to clearly lay out a systematic problem central (...) to the relation between collective and individual duties in view of alleviating some such confusion and facilitating more concerted attempts at resolving it: Collective duties require individuals to act in order for the collective duty to be fulfilled. Yet typically, a collective duty does not entail any one set of individual duties that would prescribe such contributory actions: The work we need to do in order to fulfil a duty can be allocated differently to the individuals collectively bearing it. Much like in matters of distributive justice, then, deriving individual duties from a collective one requires us to employ a distributive scheme, which raises separate normative concerns that have rarely taken centre stage in the debate so far. (shrink)

Modern money theory is a conjecture concerning fiscal spending and the nature of money. I show that modern money theory provides two interesting insights into distributive justice that have not been addressed in the recent Anglo-American distributive justice literature: (i) that the nature of a sovereign fiat currency allows for some distributive conflicts to be avoided; and (ii) that recent Anglo- American distributive justice theories assume that the economy is at capacity. Based (...) on this, I consider if the policy results of modern money theory can help foster a sense of justice. (shrink)

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

Substantially increased wealth inequality across the developed world has prompted many philosophers, economists and legal theorists to support comprehensive taxes on all forms of wealth. Proposals include levying taxes on the basis of total wealth, or alternatively the change in the value of capital holdings measured from year-to-year. This contrasts with most existing policies that tax capital assets at the point they are transferred from one beneficiary to another through sale or gifts. Are these tax reforms likely to meet their (...) aims of greater economic and political equality? We argue that these policies are likely to fail because, following neoclassical economic theory, they are based on a conception of capital as possessing given values in what amounts to a static equilibrium. This mischaracterizes the dynamic and subjective character of market economies and the contested value of real instantiations of capital goods. This makes them very difficult, often impossible, to value apart from at the point of voluntary transfer or profit realization. This means most taxes levied on a mark-to-market basis will be arbitrary and unfair. We propose alternative policies based on an income realization approach to taxation that are more likely to curb excessive wealth holdings. This includes introducing international treaties that prohibit preferential tax treatment for individual companies and specific sectors, and broadening the income tax base to include the imputed rent of personal housing wealth. (shrink)

This article examines where Kant stands on the question of the redistribution of wealth and income both nationally and globally. Kant is rightly seen as a radical reformer of the world order from a political standpoint seeking a republican, federative worldwide system; can he also be seen as wanting to bring about an equally dramatic shift from an economic perspective? To answer this question we have first of all to address the question of whether he is an egalitarian or an (...) inegalitarian at the national level. Certainly there are certain social and material inequalities within a civil society Kant is prepared to accept and there are some he is not. This would imply that he would affirm certain inequalities at an international level and that there are others upon which he would recommend action. Thus the question arises as to whether or not it is appropriate for Kantians to regard the current enormous inequalities in wealth and income between individuals living in different parts of the globe as scandalous and in need of change. The paper throughout relates the problem of distributive justice within the state to the problem of distributive justice amongst states, arguing that this approach is warranted by Kant's own method. Particular attention is paid to how Kant's own approach to political philosophy may be deployed to underpin a change to a distinctive type of international distributive justice. (shrink)

When faced with multiple claims to a particular good, what does distributive justice require? To answer this question, we need a substantive moral theory that will enable us assign relative moral weights to the parties' claims. But this is not all we need. Once we have assessed the moral weight of each party's claim, we still need to decide what method of distribution to employ, for there are two methods open to us. We could take (...) the winner-take-all approach, and award the good to the party with the strongest claim. On the other hand, we could divide the good proportionally, according to the relative strength of each party's claim. Because the choice between these two methods of distribution can have a dramatic impact on the resulting pattern of distribution, the choice presents a question of justice. But this is a question of justice that is often overlooked. As a result, we currently employ the principle of proportionality far less often than justice actually requires. If we focus on the question of distributive method, however, we are not only better able to understand how certain reasons enter into our all-things-considered moral judgments, we are also able to explain some perplexing but common aspects of our moral beliefs: how rights can be said to have peremptory force, yet still be balanced against other important interests; how justice can sometimes require compromise, yet sometimes require victory; and how a moral theory can avoid being too demanding while still being demanding enough. Key Words: autonomy • equality • indivisibility • inviolability • weighted lotteries • rights. (shrink)

The author considers that the Penal Sciences face a wide range of human pathogenic issues, ranging from terrorism and human trafficking to corruption and the use of substances and are, thus, the ideal discipline for investigating the various scientific issues and the implementation of the scientific findings arising from such investigations. He also believes that the Penal Sciences, being inextricably linked to human values and constitutional rights, are, by their nature, beneficial towards the promotion and consolidation of values, such as (...) freedom, solidarity and, especially, Social Justice. The latter concept is perceived by the author not only as a form of justice, which provides everyone with their due of proportion to their value, according to the famous saying of Ulpian “suum cuique tribuere”, but rather as a form of restitution from social injustices and as a treatment for social needs, particularly for our fellow human beings who are marginalized by society in conditions of poverty and degradation. It is interesting, at this point, to emphasize that the United Nations, in an important report from 2006 entitled “Social Justice in an Open World. The Role of the United Nations”, defines Social Justice as the fair and compassionate distribution of the fruits of economic growth (“Social Justice in an Open World. The Role of the United Nations”, edited by the International Forum for Social Development, New York: United Nations, 2006, p. 7, available online). The vision, therefore, of a society focused on goals such as combating socio-economic disparities and providing effective assistance for the weaker members of society signifies, especially in this period of Crisis, is a primary objective worthy, according to the author, of captivating us. Perhaps, indeed, the new target for Criminal Policy, following that of Restorative Justice, should now be that of Social Justice and, in fact, with a double project and aim: first for a fairer distribution of social goods and, also, for greater solidarity towards the weaker members of society. Indeed, it is a known fact to those involved with the Penal Sciences, that a dominant contemporaneous trend is that of Restorative Justice, in the sense that Criminal Law and Criminology finally have to address the needs of the victim of a criminal act and to advocate for relevant methods for extrajudicial settlements and for the conciliation of the offender and the victim. Restorative Justice is, hence, based on the triptych of the perpetrator assuming responsibilities for their actions, of restoring, as far as possible, the effects of the injurious actions against the victim and, also, of actively expressing the desire for conciliation with the victim. Certainly it would be greatly desirable if these ideas were to be consolidated within Greek legislation, albeit within the, always progressive, Greek Law for Minors there is a provision for the reformatory conciliation measure, pursuant to article 122 case e of the Greek Penal Code. However, the author believes that in this period of time, a time of profound crisis at all levels, there is need for more than simple offender-victim conciliation. There is a need for this spirit of reconciliation and solidarity to be extended to benefit all those who are experiencing hard times and may, therefore, in their deprivation and frustration, are led to committing crime. The author, at this point, refers to all the socially weak and often marginalized groups of people, who are scientifically characterized as "weak" or "vulnerable" and who try, with great courage, to survive without breaching the threshold of breaking the law. It is apparent here, according to the author, that if Criminal Policy actually aims to provide solutions to the problems of crime, it should not solely be limited to repairing the damage and conciliating the victim and perpetrator, but it should strike against the causative factors of crime and the primarily socio-economic inequalities and other forms of injustice which cause, according to Aristotle in his "Politics" (V. 1301b27, 1301a32 et seq., 1266b40), social reactions, attitudes and – Ι would add - a sequence of serious criminal acts. In other words, another kind of Justice is required in addition to Restorative, so that it may become the mission of our Criminal Policy to eliminate the injustices and inequalities that lead to crime. In view of this direction certain introductory thoughts are developed in this article. (shrink)

This paper will focus on the problem of environmental refugees related to environmental decay and resource loss. Robert Nozick’s distributive justice theory will be used as a theoretical framework to analyze the problem of environmental refugees. The restrictive nature of Nozick’s theory of distribution is rather practical since it meets with many of the current mores regarding wealth accumulation, desert, and aspirations for inheritance. Given our current reluctance to redistribute to prevent the effects of environmental decay, and to (...) pay to prepare for disasters generally, the prospect of a redistributive solution to environmental refugees that permanently alters patterns of ownership is rather unlikely. Nevertheless, given the rather unfortunate possibility of increasing numbers of environmental refugees in the future, a practical means to provide for their well-being needs to be considered. (shrink)

Ambedkar denounced caste system for violating the respect and dignity of the individual; yet his critique of caste-ridden society also foregrounds the limits of the theory and practice of citizenship and liberal politics in India. Since membership of a caste group was not a voluntary choice, but determined by birth and hence a coercive association, the liberal view of the self as a totally unencumbered and radically free subject seemed plagued with difficulties. Though the nation state envisages a political community (...) co-extensive with one cultural community, it need not, Ambedkar argued, necessarily lead to abolition of discriminatory caste practices in civil society. To restore the cultural rights of stigmatised populations, unredeemed by the nation state, propelled Ambedkar to seek solution in B. (shrink)

This article develops an account of distributive epistemic justice in the production of scientific knowledge. We identify four requirements: (a) science should produce the knowledge citizens need in order to reason about the common good, their individual good and pursuit thereof; (b) science should produce the knowledge those serving the public need to pursue justice effectively; (c) science should be organized in such a way that it does not aid the wilful manufacturing of ignorance; and (...) (d) when making decisions about epistemic risks, scientists should make sure that there aren’t social groups or weighty interests that are neglected. After discussing these requirements, we examine the relationship between discriminatory and distributive epistemic injustice in science and argue that they often compound each other. (shrink)

In this article we develop an account of justice in the distribution of knowledge. We first argue that knowledge is a fundamental interest that grounds claims of justice due to its role in individuals’ deliberations about the common good, their personal good and the pursuit thereof. Second, we identify the epistemic basic structure of a society, namely, the institutions that determine individuals’ opportunities for acquiring knowledge and discuss what justice requires of them. Our main contention is that (...) a systematic lack of opportunity to acquire knowledge one needs as an individual and a citizen because of the way the epistemic basic structure of a society is organized is an injustice. Finally, we discuss how our account relates to John Rawls’s influential theory of justice. (shrink)

Social inequality may obstruct the generation of knowledge, as the rich and powerful may bring about social acceptance of skewed views that suit their interests. Epistemic equality in the context of justification is a means of preventing such obstruction. Drawing on social epistemology and theories of equality and distributive justice, we provide an account of epistemic equality. We regard participation in, and influence over a knowledge-generating discourse in an epistemic community as a limited good that needs to be (...) justly distributed among putative members of the community. We argue that rather than trying to operationally formulate an exact criterion for distributing this good, epistemic equality may be realized by insisting on active participation of members of three groups in addition to credited experts: relevant disempowered groups, relevant uncredited experts, and relevant stakeholders. Meeting these conditions fulfills the political, moral, and epistemic aims of epistemic equality. (shrink)

We report the results of a vignette experiment with a quota sample of the German population in which we analyze the interplay between need, equity, and accountability in third-party distributive decisions. We asked subjects to divide firewood between two hypothetical persons who either differ in their need for heat or in their productivity in terms of their ability to chop wood. The experiment systematically varies the persons’ accountability for their neediness as well as for their productivity. We (...) find that subjects distribute significantly fewer logs of wood to persons who are held accountable for their disadvantage. Independently of being held accountable or not, the needier person is always compensated with a share of logs that exceeds her contribution, while the person who contributes less is punished in terms of receiving a share of logs smaller than her need share. Moreover, there is a domain effect in terms of subjects being more sensitive to lower contributions than to greater need. (shrink)

In this essay, I argue that the objections that have been raised against the view that equality is intrinsically valuable also provide objections to the view that all practical reasons can be explained in terms of value. Plausible egalitarian principles entail that under certain conditions people have claims to an equal share. These claims entail reasons to distribute goods equally that cannot be explained by value if equality has no intrinsic value.

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, (...) and comprehensive theory of equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

This paper examines two ideas of John Rawls that are rarely discussed in conjunction: pure procedural justice (PPJ) and property-owning democracy. Applied to matters of distribu- tion, PPJ orders the establishment of fair procedures under which any private transaction can be considered just. It aims to secure equality without fixating on patterns of distribu- tion. How such an approach is constituted and how it applies to different stages of theori- sation are explored. Three components of PPJ and three guidelines (...) for its institutionalisa- tion are identified. As such, PPJ also provides a backbone to property-owning democracy. The understanding of property-owning democracy as an institution of PPJ helps us assess various interpretations and refinement of property-owning democracy. (shrink)

Knowledge is one of the most important factors determining the development of global economy and overcoming the present existing inequalities. Humankind needs a fair distribution of the potential of knowledge because its big social problems and difficulties today are due to the existence of deep‐going differences in its possession and use. This paper is an attempt to analyze and present certain philosophical arguments and conceptions justifying cooperative decision‐making in the searching for fair distribution of the benefits of knowledge in the (...) globalized world. Made individually or collectively, these decisions do not worsen the status of anyone ‐ rather they can lead to the use of benefits of knowledge in the interest of all people. A fair distribution of resources and achievements of a knowledge‐based economy is of key importance for the future of humankind. There exist three significant roads to justification of cooperative decisionmaking in a global aspect. The main problem here is that of how to ensure equal access of all members of the global society to benefits of knowledge.In this paper are considered communitarianism, J. Habermas` theory of communicative action and public choice theories. The right to participate in activities of the knowledge society and to share in its wealth is related to the use of social and economic benefits. A distributive justice, including such right, could be based on communitarian political and moral values and principles. Any violation of such principles means existence of social injustice, with lasting consequences, including loss of access to natural goods, such as food and water. (shrink)

It is natural to think of political philosophy as being concerned with reflection on some of the ways in which groups of human beings come together to confront together the problems that they face together: in other words, as the domain, par excellence, of collective action. From this point of view it might seem surprising that the notion of collective obligation rarely assumes centre-stage within the subject. If there are, or can be, collective obligations, then these must surely constrain the (...) ways in which we can act collectively. Indeed, one might even suspect that considerations about collective obligations ought to play a central role in demarcating the form that any legitimate form of political organization ought to take. -/- Elsewhere I have argued that we have good reasons for accepting the existence of global collective obligations - in other words, collective obligations which fall on the world’s population as a whole.(Wringe 2006, 2010, forthcoming, under review) For example, the existence of such obligations provides a plausible solution to a problem which is sometimes thought to arise if we think that individuals have a right to have their basic needs satisfied. In this paper, I shall argue that in many situations, forward-looking global obligations give rise to an obligation on individuals to work towards bringing into existence and support an institutional system which will enable their obligations to be met. Call such an obligation the ‘Obligation to Promote Satisfactory Global Institutions.’ I shall also examine a significant challenge to this line of argument, which I call the ‘Pluralist Challenge’ One might suppose that the ‘Obligation to Promote Satisfactory Global Institutions’ could be met by providing strategic support to attempts to modify and extend existing international institutions. After all, creating new institutions is a difficult matter: perhaps it would be better, especially where stringent obligations are concerned, to concentrate on those institutions which we already have. On the other hand, existing international institutions are subject to a range of significant moral and ethical criticisms. It would simply be naïve to suppose that their existence of such institutions is based on an international consensus about what justice requires; and it is not clear how we could motivate individuals who have severe ethical reservations about the existence of such institutions, or why we should wish to. This suggests that those who think that there are global collective obligations, and that such obligations should play an important role in shaping how we think of international distributive justice are faced with a significant dilemma: either support a program of extending and strengthening existing institutions in a way which risks entrenching some existing forms of injustice; or commit oneself to a program of attempting to build new institutions which will have to compete with those institutions we have already and which are unlikely to be in a position to meet help us to discharge our collective obligations at any point in the near future. Neither option seems satisfactory. I shall argue that our response should be to look for plausible ethical constraints on how international institutions should be developed, and suggest that these constraints are likely to take a cosmopolitan form. (shrink)

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

I introduce a distinction between health need and medical need, and raise several questions about their interaction. Health needs are needs that relate directly to our health condition. Medical needs are needs which bear some relation to medical institutions or processes. I suggest that the question of whether medical insurance or public care should cover medical needs, health needs, or only needs which fit both categories is a political question that cannot be resolved definitionally. I also argue against (...) an overly strict definition of medical need on the grounds that this presupposes, wrongly, that medical intervention should always be a last resort. (shrink)

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against (...) discrimination, by discussing examples such as mandatory treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

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

Many hold that distributing healthcare according to medical need is a requirement of equality. Most egalitarians believe, however, that people ought to be equal on the whole, by some overall measure of well-being or life-prospects; it would be a massive coincidence if distributing healthcare according to medical need turned out to be an effective way of promoting equality overall. I argue that distributing healthcare according to medical need is important for reducing individuals' uncertainty surrounding their future medical (...) needs. In other words, distributing healthcare according to medical need is a natural feature of healthcare insurance; it is about indemnity, not equality. (shrink)

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

Many people believe that the research-based pharmaceutical industry has a ‘special’ moral obligation to provide lifesaving medications to the needy, either free-ofcharge or at a reduced rate relative to the cost of manufacture. In this essay, I argue that we can explain the ubiquitous notion of a special moral obligation as an expression of emotionally charged intuitions involving sacred or protected values and an aversive response to betrayal in an asymmetric trust relationship. I then review the most common arguments (...) used to justify the claim that the pharmaceutical industry has a special moral obligation and show why these justifications fail. Taken together, these conclusions call into question the conventional ideologies that have traditionally animated the debate on whether the pharmaceutical industry has special duties of beneficence and distributive justice with respect to the impoverished in dire need of their products. (shrink)