Joseph Raz claims that there can be reason to do the impossible; but partial compliance with reason is better than non-compliance and the closer one gets to complying with reason, the better. I propose some exceptions.

Sometimes, people who are otherwise eligible to donate blood are unduly deferred from donating. “Unduly” indicates a gap where a deferral policy misstates what exposes potential donors to risk and so defers more donors than is justified. Since the error is at the policy-level, it’s natural and understandable to focus criticism on reformulating or eliminating the offending policies. Policy change is undoubtedly the right goal because the policy is what prevents otherwise safe eligible donors from donating needed blood. But focusing (...) exclusively at the policy-level passes over a largely undiscussed question: if policy change takes time and there is an urgent need for blood now, then what should unduly deferred donors do in the meanwhile? Blood banks and federal agencies recommend that deferred donors donate their time or money until they become eligible, but blood is a non-fungible good: donated cash or volunteered time cannot replace a transfusion. Further, this request ignores that otherwise eligible donors could safely donate their blood in addition to their time and money. Here is the central question I will focus on in this paper: is a donor morally justified in lying on a questionnaire to donate blood if they justifiably believe that their blood poses no risk to a recipient and knows that honestly answering a donor questionnaire would unduly defer them from donating? (shrink)

People often fail to comply with the demands of morality. Partial compliance theory takes this noncompliance or its possibility into account in the formulation of moral requirements for people to comply with, or in the evaluation of people’s actions against those requirements. This chapter critically engages with recent work on partial compliance theory. It examines the relationship between noncompliance and injustice, assesses different ways of doing partial compliance theory, sketches the relationship between partial compliance theory and (...) other central methodological debates in moral and political philosophy, and considers whether it is reasonable to issue moral requirements without examining what would happen if everyone did their part. (shrink)

In the global justice literature, growing attention has been given to problems particular to a globalised economy such as tax competition. Political philosophers have started to reflect on how these problems intersect with theories of global justice. This paper explores the idea according to which action-guiding principles of justice can only be formulated at such intersections. This is the starting point from which I develop a ‘non-ideal theory’ of global justice. The methodology of this theory posits that principles of justice (...) are formulated according to the practice they are intended to regulate. Individual practices provide insights about the formulation of principles, for the non-ideal circumstances that prevent the realisation of justice are only revealed through the interpretation of each practice. With regard to the content of principles, I reject the notion that non-ideal theory is applied ideal theory. I offer instead an overview of the main features of a conception of justice for a non-ideal world based on the ideas of compliance, fact-sensitivity, feasibility and path-dependence. The contribution of this paper is twofold: to provide the conceptual framework for an action-guiding non-ideal theory of global justice and to show why this theory is well-suited to address problems of a globalised economy, such as tax competition. (shrink)

This article asks whether our moral duties are created by others’ non-compliance and whether we should fulfill them or not. For example, do we need to donate more of our income to eradicate world poverty because billionaires do not donate? If so, how much should we donate? In short, should we make up for others’ defaulting on their moral duties – and if so, how and to what extent? Such situations are called non-ideal circumstances in political philosophy. With the (...) increasing importance of non-ideal theories of justice and ethics, the question of how we should act in non-ideal situations has received more attention in the ethics literature in recent years. This article poses and addresses the question of whether we should take up the slack when others do not comply with their own moral duty. This article examines how consequentialism and contractualism might respond to non-ideal situations of taking up the slack and then defends a contractualist-constructivist approach to dealing with these situations. (shrink)

Based on three recently published books on climate justice, this article reviews the field of climate ethics in light of developments of international climate politics. The central problem addressed is how idealised normative theories can be relevant to the political process of negotiating a just distribution of the costs and benefits of mitigating climate change. I distinguish three possible responses, that is, three kinds of non-ideal theories of climate justice: focused on (1) the injustice of some agents not doing their (...) part; (2) the policy process and aiming to be realistic; and (3) grievances related to the transition to a clean-energy economy. The methodological discussion underpinning each response is innovative and should be of interest more generally, even though it is still underdeveloped. The practical upshot, however, is unclear: even non-ideal climate justice may be too disconnected from the fast-moving and messy climate circus. (shrink)

Typically, fair machine learning research focuses on a single decision maker and assumes that the underlying population is stationary. However, many of the critical domains motivating this work are characterized by competitive marketplaces with many decision makers. Realistically, we might expect only a subset of them to adopt any non-compulsory fairness-conscious policy, a situation that political philosophers call partial compliance. This possibility raises important questions: how does partial compliance and the consequent strategic behavior of decision subjects affect the (...) allocation outcomes? If k% of employers were to voluntarily adopt a fairness-promoting intervention, should we expect k% progress (in aggregate) towards the benefits of universal adoption, or will the dynamics of partial compliance wash out the hoped-for benefits? How might adopting a global (versus local) perspective impact the conclusions of an auditor? In this paper, we propose a simple model of an employment market, leveraging simulation as a tool to explore the impact of both interaction effects and incentive effects on outcomes and auditing metrics. Our key findings are that at equilibrium: (1) partial compliance by k% of employers can result in far less than proportional (k%) progress towards the full compliance outcomes; (2) the gap is more severe when fair employers match global (vs local) statistics; (3) choices of local vs global statistics can paint dramatically different pictures of the performance vis-a-vis fairness desiderata of compliant versus non-compliant employers; (4) partial compliance based on local parity measures can induce extreme segregation. Finally, we discuss implications for auditors and insights concerning the design of regulatory frameworks. (shrink)

What should we do when we won't do as we ought? Suppose it ought to be that the procrastinating professor accept the task of reviewing a book, and actually review the book. It seems clear that given he won't review it, he ought not to accept the task. That is a genuine moral obligation in light of less than perfect circumstances. I want to entertain the possibility that a set of such obligations form something like a 'practical morality'; that which (...) we ought to do given that we're unlikely or unwilling to do much of what ideal morality demands. If it is possible to give a coherent account of these kinds of obligations, then it is possible to entertain the idea that these obligations are in fact what morality demands. The conceptual truths about justice (good, right, fairness) that come from ideals are one thing; the actions that morality demands of people given their actual circumstances are quite another. In this paper I will ask about the kinds of facts that can be used to establish a more circumscribed set of obligations than we get from the orthodox view about moral obligation. (shrink)

The strongest arguments for the permissibility of geoengineering (also known as climate engineering) rely implicitly on non-ideal theory—roughly, the theory of justice as applied to situations of partial compliance with principles of ideal justice. In an ideally just world, such arguments acknowledge, humanity should not deploy geoengineering; but in our imperfect world, society may need to complement mitigation and adaptation with geoengineering to reduce injustices associated with anthropogenic climate change. We interpret research proponents’ arguments as an application of a (...) particular branch of non-ideal theory known as “clinical theory.” Clinical theory aims to identify politically feasible institutions or policies that would address existing (or impending) injustice without violating certain kinds of moral permissibility constraints. We argue for three implications of clinical theory: First, conditional on falling costs and feasibility, clinical theory provides strong support for some geoengineering techniques that aim to remove carbon dioxide from the atmosphere. Second, if some kinds of carbon dioxide removal technologies are supported by clinical theory, then clinical theory further supports using those technologies to enable “overshoot” scenarios in which developing countries exceed the cumulative emissions caps that would apply in ideal circumstances. Third, because of tensions between political feasibility and moral permissibility, clinical theory provides only weak support for geoengineering techniques that aim to manage incoming solar radiation. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, (...) and highlights areas for future research in the field. (shrink)

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

Thomas Pogge and Andrew Kuper suggest that we should promote an ‘institutional’ solution to global poverty. They advocate the institutional solution because they think that non-governmental organizations (NGOs) can never be the primary agents of justice in the long run. They provide several standard criticisms of NGO aid in support of this claim. However, there is a more serious problem for institutional solutions: how to generate enough goodwill among rich nation-states that they would be willing to commit themselves to supranational (...) institutional reforms. In the current international political climate, the implementation of such institutional reforms introduces several intractable problems, including difficulties of global coordination and enforcement. I defend the solution of NGO aid from the criticisms presented by Pogge and Kuper, and propose how it might be reformed. My main suggestion is that all practising NGOs should be required to be ‘accountable for reasonableness’ in the sense that Norman Daniels and James Sabin have outlined. (shrink)

Faik Kurtulmuş’s exploration of the epistemic basic structure (EBS) invites us to think about the generation, dissemination, and absorption of knowledge in a society, emphasizing the role of institutions in determining epistemic outcomes. Moreover, Kurtulmuş—in joint work with Gürol Irzık—offers a normative take on the EBS from the viewpoint of the theory of justice and does not shy away from drawing specific policy recommendations. Thus, a powerful, innovative concept is used to extend an influential theory and draw out its practical (...) implications. What more is there to wish for? A project of such ambition inevitably faces serious challenges. I address the issue of the alignment between the ideal and non-ideal elements of Kurtulmuş’s theory with an eye toward the practicalities of social reform. My central claim is that the philosophers striving to promote distributive epistemic justice need to think carefully about whom they intend to address with their proposals and how to persuade such addressees. I also maintain that emphasis on a holistic approach to social reform represents a major hindrance to its pragmatic success. (shrink)

Principles of distributive justice bind macro-level institutional agents, like the state. But what does justice require in non-ideal circumstances, where institutional agents are unjust or do not e...

The suite of secretive national security programs initiated in the US since 9/11 has created debate not only about the merits of targeted killing, torture, secret detention, cyberwar, global signals intercepts, and data-mining, but about the very secrecy in which these programs were conceived, debated by government officials, and implemented. Law must be revealed to those who are expected to comply with its demands. Law is a mere pretext for coercion if the laws permitting the government to coerce people for (...) non-compliance are concealed. The purpose of this essay is to determine whether inhabitants of a liberal state—a type of state tracing the legitimacy of its coercive actions to the consent of the governed—also need to know the internal protocols and legal findings of the government agencies ostensibly serving them. To put this question another way, what, if anything, may government agencies in liberal states keep secret? (shrink)

It’s widely accepted that normativity is not subject to truth values. The underlying reasoning is that truth values can only be predicated of descriptive statements; normative statements are prescriptive, not descriptive; thus truth value predicates cannot be assigned to normative statements. Hence, deonticity lacks logical semantics. This semantic monism has been challenged over the last decades from a series of perspectives that open the way for legal logics with imperative semantics. In the present paper I will go back to Kant (...) and review his understanding of practical judgments, presenting it as supported by a pluralistic semantics. From this perspective a norm of Law is a logical expression that includes as content a generic description of a possible behavior by a generality of juridical agents, and assigns to that content the assertion of its obligatory character, accompanied by a disincentive for non-compliance. From this perspective legal norms can be syntactically formalized and assigned appropriate semantic values in such terms that they can be incorporated into valid inferential schemes. The consequence is that we can put together legal logics that handle both the phenomenal and the deontic dimensions of legality. (shrink)

Although vaccines are considered an efficient public health tool by medical experts, in different countries, people’s confidence in them has been decreasing. COVID-19 has elevated medical scientists’ and practitioners’ social reputation, and it may have reduced global vaccination hesitancy. Still, this alone will not altogether remove the existent frictions that prevent people from complying with vaccination schedules. This paper will review the common causes behind vaccination hesitancy. It will also explore different types of public policy interventions that health experts in (...) governments and institutions employ to fight vaccine hesitancy and non-compliance. The main objective of this article is to argue that, considering the nature of the issue (vaccine hesitancy and its causes), among the various possibilities, policies based on behavioral insights can provide an effective instrument to remove those frictions. Among them, special attention will be devoted to nudges which promise efficiency while avoiding some of the ethical and political costs of other interventions, thanks to their libertarian paternalistic frame. The article concludes by suggesting that public health policymakers should consider the libertarian paternalistic approach of nudges when deploying interventions that aim at changing people’s attitudes and behavior. (shrink)

Abstract: We face objections against punishing financial firms and managers for producing risks for the financial system – that it’s either paternalistic or inefficient. Against the first: financial crises are so damaging that governments and deposit insurance funds have to intervene – an implicit guarantee to creditors. This is controversial from the perspective of political morality: it implies using resources from the public for the benefit of better-off people who willingly incur risks. So, we begin by studying a possible justification (...) for this arrangement from the ‘incentives argument’ derived from the Rawls difference principle, in the light of G. Cohen’s criticisms. Against the second: we cannot completely dispense with coercive instruments - mainly for the moral hazard entailed by the implicit guarantee. Therefore, we conclude the threat of liability must have a punitive and a preventive character, extending to non-compliance with norms on risk even before generating major economic effects. Keywords: Incentives, Responsibility, Moral Hazard, Justice, Finances JEL Classification: D63, G28, K42 -/- Resumo: Enfrentamos duas objeções à punição de instituições financeiras e gestores pela produção de riscos ao sistema financeiro – que seria paternalista e ineficiente. Contra a primeira: crises financeiras prejudicam tanto a economia que governos e fundos garantidores são obrigados a intervir – uma garantia implícita aos credores. Isso é polêmico da perspectiva da moralidade política: implica utilizar recursos do público em benefício de pessoas em melhor situação que voluntariamente incorrem em riscos. Na primeira seção, estudamos justificar esse arranjo a partir do “argumento do incentivo”, decorrente do princípio da diferença de Rawls, à luz das críticas de G. Cohen. Contra (b), arguimos que não podemos prescindir completamente de instrumentos coercitivos – mormente pelo risco moral decorrente da garantia implícita. Logo, é preciso que a ameaça de responsabilização tenha um caráter punitivo e preventivo, se estendendo ao descumprimento de normas sobre risco mesmo sem gerar efeitos econômicos maiores. Palavras-chave: Incentivos, Responsabilidade, Risco Moral, Justiça, Finanças JEL Classification: D63, G28, K42 -/- (This is a translation of the working paper "Equality and Responsibility"). (shrink)

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

Assertoric sentences are sentences which admit of truth or falsity. Non-assertoric sentences, imperatives and interrogatives, have long been a source of difficulty for the view that a theory of truth for a natural language can serve as the core of a theory of meaning. The trouble for truth-theoretic semantics posed by non-assertoric sentences is that, prima facie, it does not make sense to say that imperatives, such as 'Cut your hair', or interrogatives such as 'What time is it?', are truth (...) or false. Thus, the vehicle for giving the meaning of a sentence by using an interpretive truth theory, the T-sentence, is apparently unavailable for non-assertoric sentences. This paper shows how to incorporate non-assertoric sentences into a theory of meaning that gives central place to an interpretive truth theory for the language, without, however, reducing the non-assertorics to assertorics, or treating their utterances as semantically equivalent to one or more utterances of assertoric sentences. Four proposals for how to incorporate non-assertoric sentences into a broadly truth-theoretic semantics are reviewed. The proposals fall into two classes, those that attempt to explain the meaning of non-assertoric sentences solely by appeal to truth conditions, and those that attempt to explain the meaning of non-assertroic sentences by appeal to compliance conditions, which can be treated as one variety of fulfillment conditions for sentences of which truth conditions are another variety. The paper argues that none of the extant approaches is successful, but develops a version of the generalized fulfillment approach which avoids the difficulties of previous approaches and still exhibits a truth theory as the central component of a compositional meaning theory for all sentences of natural language. (shrink)

Nelson's Proof of the Impossibility of the Theory of Knowledge -/- In addressing the possibility of a theory of knowledge, Leonard Nelson noted the contradiction of an epistemological criterion that one would require in order to differentiate between valid and invalid knowledge. Nelson concluded that the inconsistency of such a criterion proves the impossibility of the theory of knowledge. -/- Had the epistemological criterion had a perception, then it would presume to adjudicate on its own truth (thus epistemological circular argument). (...) However, if one were to assume that the criterion is not knowledge, one would then have to justify how this is a criterion for truth - yet this would only be possible when it may be considered as an object of knowledge. One would equally have had to predetermine the criterion in order to determine the truth of this knowledge, thereby providing another circular argument. Ostensibly, every criterion of truth fails at its very own test since it cannot guarantee its own truth, just as Munchausen, contrary to his assertion, could not draw himself out of the swamp by tugging on a tuft of his own hair. -/- Nelson proposed a solution of the epistemological problem (the question of the differentiation between valid and invalid knowledge), that based on Jakob Friedrich Fries' differentiation between proof and deduction. Proof, according to Nelson (in reference to Fries), can be defined as derivation of truth from one statement from another statement. Thus, from the truth in the statement that "all men are mortal", one is then able to say that "Socrates is a man" and thence extrapolate from the truth of the statement that "Socrates is mortal." If knowledge were to be considered somewhat judgmental (in a statement), then an attempt at proof (i.e. recourse to previous judgments) would inevitably lead to an infinite regression in justification, since each judgment would necessitate a further justification from another judgment. Every attempt to prove an epistemological criterion is thus also confronted by this regression in justification. -/- Nelson's attempt at a solution rests on the assumption of the existence of an immediate knowledge as a justification of the truth (mediate) of knowledge. Nelson considers immediate knowledge to be non-judgmental knowledge. These include intuitions (e. g. seeing-the-red-roof) and also philosophical knowledge that pre-exists in his opinion before a judgmental reflexion (immediate) in our reason (e. g. the principle of causality). -/- Proof of the truth of mediate knowledge can be effected by showing its compliance with attendant immediate knowledge (rational truth = correspondence of mediate knowledge with their immediate knowledge). Nelson considered this as a resolution of the circular epistemological argument. In regard to philosophical knowledge, Nelson sees these as subject to deduction and not proof. The following example illustrates the goal of deduction: -/- An approach for deducing the principle of causality: A) Every change has a cause. (The principle of causality) A´) A is a reiteration of an immediate knowledge. (Meta-assertion following A) -/- "A" may not be provable, but A´ may justified, and thus Nelson identified it as a deduction following from A. // reference: http://www.friesian.com/nelproof.htm. (shrink)

The book is a collection of papers and aims to unify the questions of syntax and semantics of language, which are included in logic, philosophy and ontology of language. The leading motif of the presented selection of works is the differentiation between linguistic tokens (material, concrete objects) and linguistic types (ideal, abstract objects) following two philosophical trends: nominalism (concretism) and Platonizing version of realism. The opening article under the title “The Dual Ontological Nature of Language Signs and the Problem of (...) Their Mutual Relations” provides a broad introduction into the problem area connected with this differentiation, while the logic-formal characteristics of the distinction are framed in the work entitled “On the Type-Token Relationships” (Chapter 1). The basic part of the book deals with issues relating to syntax (Chapters 2-4) and semantics of language (Chapters 5-6), as well as pertaining to syntactic-semantic pragmatic questions (Chapters 7-13). Throughout the book, language, categorial language, is characterized syntactically as generated by classical categorial grammar (Chapter 2) and formalized on two opposing levels: as language of expression-tokens (level of tokens) and language of expression-types (level of types). The author’s considerations contained in Chapters 2 and 4 lead to the important philosophical conclusion that in formal-logical syntactic studies on language the assumption that expression-types constitute the primary language layer while expression-tokens make the secondary one, can be neglected; thus, this speaks in favour of the opposing standpoint—the concretistic one—in the ontology of language syntax. In the works “Meaning and Interpretations”, Parts I and II (Chapters 5 and 6), it is underlined, however, that such semantic concepts as: meaning, denotation and interpretation are defined on the types level, yet their formal definitions require making use of notions of the tokens level. The semantic notions introduced in the above-mentioned articles are also used in the following works of the present selection, under the titles: “Three Principles of Compositionality” and “On Metaknowledge and Truth” (Chapters 7 and 8). They formalize two principles of compositionality that are well known in the literature on the subject, deriving from Frege, i.e. those of meaning and of denotation; they are related to the syntactic principle of compositionality which was introduced by the author. All the three principles are, at the same time, three conditions of homomorphism of categorial language algebra into three kinds of non-standard models of language (one syntactic and two semantic ones: intensional and extensional), which allows introducing three definitions of truthfulness into these models. The next two works in the collection, entitled: “On Language Adequacy” and “What is the Sense in Logic and Philosophy of Language” (Chapters 9 and 10) concern adequacy of categorial language syntax along with its dual semantics: intensional and extensional, and categorial compatibility of any of its syntactic categories with two corresponding semantic categories: intensional and extensional, based on the compatibility the syntactic category of each language expression with the ontological category assigned to its denotatum. The well-known problem of categorial compatibility for first-order quantifiers finds its solution in the paper “Categories of First-Order Quantifiers” (Chapter 11). In the work “Logic and Ontology of Language” (Chapter 12), being in a sense a summary of the considerations presented in the preceding chapters of the book, language is treated as an ontological being, characterized in compliance with the logical conception of language proposed by Ajdukiewicz. Application—like throughout the book—of tools of classical logic and set theory has resulted in emergence of a general formal logical theory of syntax, semantics and pragmatics of language, which takes into account duality in the understanding of linguistic expressions as tokens (concretes) and types (abstract objects). In terms that take into account a functional approach to language itself, there comes out an ontological neutrality of logic with respect to existential assumptions relating to the ontological nature of linguistic expressions and their extra-linguistic ontological counterparts. The issues connected with applying logic while explaining the manner of using linguistic tokens and linguistic types to determine notions of language communication are raised and illustrated in the last chapter of the work, bearing the title “A Logical Conceptualization of Knowledge on the Notion of Language Communication”. (shrink)

While Strawsonians have focused on the way in which our “reactive attitudes”—the emotions through which we hold one another responsible for manifestations of morally significant quality of regard—express moral demands, serious doubt has been cast on the idea that non-blaming reactive attitudes direct moral demands to their targets. Building on Gary Watson’s proposal that the reactive attitudes are ‘forms of moral address’, this paper advances a communicative view of praise according to which the form of moral address distinctive of the (...) praise-manifesting reactive attitudes (approbation, gratitude) is moral invitation. Like moral demand, moral invitation is a species of directive address presupposing its target’s possession of distinctive agential capacities and, when valid, provides its addressee with reason to give the addressor’s directive discursive uptake. While blame’s demands issue imperatival reasons for compliance (e.g. to acknowledge wrongdoing, apologize, etc.), praise’s invitations provide discretionary reasons to accept credit in jointly valuing the significance of the act for the praiser. In addition to its phenomenological plausibility and contribution to the already fecund Watsonian-cum-Strawsonian program, the invitational view helps render intelligible the power of our praise practices to facilitate the formation and enrichment of our interpersonal relationships. (shrink)

Over the years a few authors have argued that Rawls’s ideal theory of justice is useless for the real world. This criticism has been largely ignored by Rawlsians, but in the light of a recent accumulation of such criticisms, some authors (in particular Holly Lawford-Smith, A. John Simmons, Zofia Stemplowska and Laura Valentini) have tried to defend ideal theory. In this article I will recapitulate the precise problem with Rawls’s ideal theory, argue that some of Rawls’s defenders misconceive it, and (...) show that recent attempts to rescue Rawls’s ideal theory from the charge of being useless fail. While there are useful kinds of ideal theory, Rawls’s is not one of them. In addition, Rawls’s very tentative suggestions for some kind of bridge between ideal and non-ideal theory are contradictory insofar as they implicitly presuppose the non-existence of the problem they are meant to solve. Thus, Rawls’s “non-ideal theory” too, is useless, and not so much a theory at all but a set of ad hoc stipulations. Finally, I will show that certain attempts within the global justice debate to use some variation of the original position to directly derive guidelines for the real world are misguided and yield no useful results. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

In his Groundwork of the Metaphysics of Morals, Kant’s desiderata for a supreme principle of practical reasoning and morality require that the subjective conditions under which some action is thought of as justified via some maxim be sufficient for judging the same action as justified by any agent in those conditions. This describes the kind of universalization conditions now known as moral supervenience. But when he specifies his “formula of universal law” (FUL) Kant replaces this condition with a quite different (...) kind of universality: the judgment that some agent could rationally (i.e., without willing the frustration of his own valued ends) will his adoption of some maxim under the condition that this would cause all agents in his world to adopt it as well. Our wills typically lack this efficacy, so requiring that our wills conform to what would be rational for a hypothetical agent in this situation to will is a heteronomous requirement. Several intuitively wrong maxims pass Kant’s test but fail the test of supervenience, because they generate no contradiction in a world of universal compliance but do so in non-ideal worlds, demonstrating the inadequacy of the FUL and the logical superiority of moral supervenience. -/- Note that in the published version the title of this article incorrectly had the word "become" instead "became.". (shrink)

Rawls’s contractualist approach to justice is well known for its adoption of ideal theory. This approach starts by setting out the political goal or ideal and leaves it to non-ideal or partial compliance theory to map out how to get there. However, Rawls’s use of ideal theory has been criticized by Sen from the right and by Mouffe from the left. We critically address these concerns in the context of developing a Rawlsian approach to climate justice. While the importance (...) of non-ideal theory for climate justice is increasingly being understood, its strategic and institutional importance for a Rawlsian approach needs further elaboration. We focus on the role of the Kantian conception of the reasonable and rational powers of persons in Rawls’s work and show how this helps us to develop a partial compliance theory that focuses on the importance of institutions and strategic political action for achieving climate justice. (shrink)

The just war-criterion of legitimate authority – as it is traditionally framed – restricts the right to wage war to state actors. However, agents engaged in violent conflicts are often sub-state or non-state actors. Former liberation movements and their leaders have in the past become internationally recognized as legitimate political forces and legitimate leaders. But what makes it appropriate to consider particular violent non-state actors to legitimate violent agents and others not? This article will examine four criteria, including ‘popular support (...) and representation of a people’; ‘monopoly of violence and effective control over a people’; ‘compliance with international legal and just war standards’; and ‘predisposition to strive for a lasting peace’. It will be shown that out of these four criteria only the first can be defended. Furthermore, it will be illustrated that non-state violent agents may perfectly well satisfy this criterion. In contrast, state actors may clearly fail in this regard. But, it will also become obvious that in exceptional circumstances violent agents do not require explicit approval from the people on whose behalf they act. Finally, the article will argue that – in principle – individuals should be entitled to employ violence for political objectives. (shrink)

Animal ethics has often been criticized for an overreliance on “ideal” or even “utopian” theorizing. In this article, I recognize this problem, but argue that the “nonideal theory” which critics have offered in response is still insufficient to make animal ethics action-guiding. I argue that in order for animal ethics to be action-guiding, it must consider agent-centered theories of change detailing how an ideally just human-animal coexistence can and should be brought about. I lay out desiderata that such a theory (...) of change should suffice so as to be helpful in guiding action. Specifically, a theory of change should determine (1) who needs to do what in order for ideal justice to be achieved in the long run, (2) who should be expected to refuse compliance and how they should be moved to comply, and (3) why specific intermediate steps are necessary. I show how previous “nonideal” contributions, though helpful in other ways, are insufficiently determinate on these points and I sketch a (still somewhat utopian) theory of change for one specific context. This brings animal ethics a crucial step closer to being action-guiding in the real world. (shrink)

This paper addresses the question of how the right to liberty, qua moral right, is best understood, and then how that right can serve as a basic human right of indispensable value. Section I argues that if the right to liberty is understood as a general right to license, then, as Ronald Dworkin argues, it cannot be a basic right in any morally meaningful sense. Sections II, III, and IV consider and reject the view that the right to liberty, as (...) a basic right, comprises unrelated sets of either unilateral or bilateral liberty rights correlating with prima facie duties of non-interference. A new model of the basic right to liberty is offered in section V, and then defended in section VI. This model understands the basic right to liberty as a mutually held and reciprocally respected Hohfeldian power-right enjoyed by all basic-rights holders. In virtue of occupying the position of basic-rights holder and participation in a system of rights-permitted action and duty-required compliance or forbearance, persons come to enjoy emergent liberties that augment respect within the community and the value of having basic rights. (shrink)

Time-tested commons characterize by having instituted sanctioning mechanisms that are sensitive to the circumstances and motivations of non-compliers. As a proposed Global Antimicrobial Commons cannot cost-effectively develop sanctioning mechanisms that are consistently sensitive to the circumstances of the global poor, I suggest concentrating on establishing a wider set of incentives that encourages both compliance and participation.

During the current financial crisis, the need for an alternative to a laissez-faire ethics of capitalism (the Milton Friedman view) becomes clear. I argue that we need an order ethics which employs economics as a key theoretical resource and which focuses on institutions for implementing moral norms. -/- I will point to some aspects of order ethics which highlight the importance of rules, e.g. global rules for the financial markets. In this regard, order ethics (“Ordnungsethik”) is the complement of the (...) German conception of “Ordnungspolitik” which also stresses the importance of a regulatory framework. This framework is needed not to tame the market, but to make it more profitable in the long run. -/- The conception of order ethics relies heavily on contractarianism, especially on James Buchanan’s work. Unlike many other conceptions of ethics, it does not start with an aim to achieve, but rather with an account of what the social world – in which ethical norms have to be implemented – is like. Our social world is different from the pre-modern one. Pre-modern societies played zero-sum games in which people could only gain significantly at the expense of others. And the types of ethics that we are still used to today have been developed within these pre-modern societies. -/- Modern societies, by contrast, can be characterised – by economists and other social theorists alike – as societies with continuous growth. This growth has only been made possible by the modern competitive market economy which enables everyone to pursue his own interests within a carefully devised institutional system. In this system, positive sum games are played, which makes it in principle possible to improve the position of every individual at the same time. Most kinds of ethics, however, resulting from the conditions of pre-modern societies, ignore the possibility of win-win-situations and instead require us to be moderate, to share, to sacrifice, as this would have been functional in zero-sum games. These conceptions distinguish – in more or less strict ways – between self-interest and altruistic motivation. Self-interest, more often than not, is ultimately seen as something evil. -/- Such an ethics cannot be functional in modern societies. Ethical concepts lag behind. Within zero-sum games, it was necessary to call for temperance, for moderate profits, or for a condemnation of lending money at interest. Within positive-sum games, however, the morally desired result of a social process cannot be brought about by changes in motivation, by switching from ‘egoistic’ to ‘altruistic’ motivation. The second theoretical element introduced by order ethics is the distinction between actions and rules, which was already mentioned. Traditional ethics concerns actions: It calls directly for changes in behaviour. This is a consequence of pre-modern conditions as reconstructed before: People in the pre-modern world were only able to control their actions, not so much however the conditions of their actions. In particular, rules like laws, constitutions, social structures, the market order, and also ethical norms have remained stable for centuries. In modern societies, this situation has changed entirely. The rules governing our actions have increasingly come under our control. -/- In this situation, ethics has to focus on rules. Morality must be incorporated in incentive-compatible rules. Direct calls for changes in behaviour without changes in the rules lead only to an erosion of compliance with moral norms. Individuals that continue to behave ‘morally’ will be singled out, because the incentives have not been changed. Moral norms which are to be justified cannot require people to abstain from pursuing their own advantage. People abstain from taking ‘immoral’ advantages only if adherence to ethical norms yields greater benefits over the planned sequence of actions than defection in the single case. Thus ‘abstaining’ is not abstaining in the long run, it is rather an investment in expectations of long-term benefits. By adhering to ethical norms, I become a reliable partner for interactions. The norms do indeed constrain my actions, but they simultaneously expand my options in interactions. And people consent to rules only if these rules hold greater advantages for them, at least in the long run. -/- In general, ethics cannot require people to abandon their individual calculation of advantages. However, it may suggest improving one’s calculation, by calculating in the long run rather than in the short run, and by taking into account the interests of our fellows, as we depend on their acceptance for reaching an optimal level of well-being, especially in a globalized world full of interdependence. -/- The problem of implementation can now be placed at the beginning of a conception of order ethics, justified with reference to the conditions of modern societies I have sketched. Under the conditions of pre-modern societies, an ethics of temperance had evolved that posed simultaneously the problems of implementation and justification. The implementation of well-justified norms or standards could then be regarded as unproblematic, because the social structures allowed for a direct face-to-face enforcement of norms. Pre-modern societies not only favored an ethics of temperance, they also had the instrument of face-to-face-sanctions within their smaller and non-anonymous communities. This instrument is no longer functional in modern anonymous societies, and so we have to face up to the problem of implementation right at the start of our ethical conception. Simultaneously, an order ethics relies on the implementation of sanctions for enforcing incentive-compatible rules. In modern societies, rules and institutions, to a large extent, must fulfil the tasks that were, in pre-modern times, fulfilled by moral norms, which in turn were sanctioned by face-to-face sanctions. Norm implementation in modern societies thus works by setting adequate incentives in order to prevent the erosion of moral norms, which would happen if ‘moral’ actors were systematically threatened with exploitation by other, less ‘moral’ actors. -/- This conception of order ethics is then elaborated further in the area of business ethics. -/- . (shrink)

Duties to reduce global poverty are often portrayed as collective duties to assist. At first glance this seems to make sense: since global poverty is a problem that can only be solved by a joint effort, the duty to do so should be considered a collective duty. But what exactly is meant by a ‚joint‘ or ‚collective‘ duty? This paper introduces a distinction between genuinely cooperative and cumulative collective actions. Genuinely cooperative actions require mutually responsive, carefully adjusted contributory actions by (...) cooperating agents, while contributions to cumulative actions are largely independent. The global affluent’s obligation to combat global poverty is not an obligation to perform a genuinely cooperative action. Instead, for most of us the morally best response is to contribute to existing cumulative endeavours. Our obligation to donate money to suitable organisations is a duty to contribute to cumulative action. Collective actions can produce fixed-sum or incremental goods. A collective obligation to produce a fixed-sum good is not distributive, that is, it is an obligation of the plurality of agents as such. This applies to obligations requiring both genuinely cooperative and cumulative actions. I call these kinds of obligations strongly collective obligations. However, for incremental goods the implications are less clear. There, the parameters for moral compliance are not dictated by problem for remedy as such. Rather, the magnitude of the required good is the sum of individually adequate contributions. What is collectively required depends on what is individually required. I propose to call these kinds of obligations weakly collective obligations. It turns out that we – the affluent – have a collective obligation to combat global poverty only in the weak sense. The obligation is collective in the sense that there is joint necessity and that we must contribute to a collective endeavour. Our donations are intended as contributions to a shared goal. But our duty to combat poverty is not a collective duty in the non-distributive, strong sense. This means that we need not necessarily take up the slack left by others or else stop contributing when others do more than their fair share. (shrink)

The notion of validity for modal languages could be defined in two slightly different ways. The first is the original definition given by S. Kripke, for which a formula φ of a modal language L is valid if and only if it is true in every actual world of every interpretation of L. The second is the definition that has become standard in most textbook presentations of modal logic, for which a formula φ of L is valid if and only (...) if it is true in every world in every interpretation of L. For simple modal languages, “Kripkean validity” and “Textbook validity” are extensionally equivalent. According to E. Zalta, however, Textbook validity is an “incorrect” definition of validity, because: (i) it is not in full compliance with Tarski’s notion of truth; (ii) in expressively richer languages, enriched by the actuality operator, some obviously true formulas count as valid only if the Kripkean notion is used. The purpose of this paper is to show that (i) and (ii) are not good reasons to favor Kripkean valid- ity over Textbook validity. On the one hand, I will claim that the difference between the two should rather be seen as the result of two different conceptions on how a modal logic should be built from a non-modal basis; on the other, I will show the advantages, for the question at issue, of seeing the actuality operator as belonging to the family of two-dimensional operators. (shrink)

ABSTRACT: I argue that Joseph Raz’s service conception of authority cannot convincingly account for the nature and source of democratic authority. It cannot explain why decisions made democratically are more likely to be sound than decisions made non-democratically, and therefore, why democratic decisions might be understood as constituting moral reasons for action and compliance independently of their instrumental dimensions. My argument is that democratic authority cannot be explained completely in terms of the truth or soundness of the outcomes it (...) tends toward. A full account of democratic authority must involve non-instrumental values about the moral caliber of democratic procedures. (shrink)

Bell-type inequalities are proven using oversimplified probabilistic models and/or counterfactual definiteness (CFD). If setting-dependent variables describing measuring instruments are correctly introduced, none of these inequalities may be proven. In spite of this, a belief in a mysterious quantum nonlocality is not fading. Computer simulations of Bell tests allow people to study the different ways in which the experimental data might have been created. They also allow for the generation of various counterfactual experiments’ outcomes, such as repeated or simultaneous measurements performed (...) in different settings on the same “photon-pair”, and so forth. They allow for the reinforcing or relaxing of CFD compliance and/or for studying the impact of various “photon identification procedures”, mimicking those used in real experiments. Data samples consistent with quantum predictions may be generated by using a specific setting-dependent identification procedure. It reflects the active role of instruments during the measurement process. Each of the setting-dependent data samples are consistent with specific setting-dependent probabilistic models which may not be deduced using non-contextual local realistic or stochastic hidden variables. In this paper, we will be discussing the results of these simulations. Since the data samples are generated in a locally causal way, these simulations provide additional strong arguments for closing the door on quantum nonlocality. (shrink)

The conceptual model of United Nations reform - "UN 3.0" includes the General Program of Action on UN Reform, consisting of two stages. The first stage for 2020-2025 envisages the transformation of the main organs of the UN - the General Assembly and the Security Council with measures to improve the effectiveness of the management system, address the "veto problem", problem of financing, improve staff work and administrative and financial control, strengthen UN media, improvement of work with the global civil (...) society. The General Assembly is converted into the General All-Parliamentary Assembly of the UN. In the structure of the Assembly, the Council for Law is being established, which coordinates the activities of UN structures in the field of law. To coordinate the activities of the UN in the field of human rights and civil society, ethical issues, the General all-parliamentary Assembly creates the Council on ethics, human rights and civil society and transforms the Committee on information into the Council on public information and communication with civil society. The structure of the Council includes all UN media. The reform of the UN Security Council is carried out in three sub-stages. At the 1st sub-stage (2020-2021) the Security Council is transformed into the Council of Existential Security (CES). The membership of the CES is increased to 25 member countries, of which five countries have the right of the unconditional (absolute, eternal) veto: Great Britain, France, China, Russian Federation, USA. The General All-Parliamentary Assembly elects 15 new permanent members of the Council of Existential Security with the right of the conditional (limited) veto: Argentina, Australia, Brazil, Canada, Egypt, Germany, India, Indonesia, Italy, Mexico, South Africa, Nigeria, Pakistan , Turkey, Japan (if they fulfill the mandatory restrictive conditions). At this sub-stage, the CES elects also five non-permanent members with the right of a conditional (limited) veto when they meet the mandatory restrictive conditions, with a rotation period of 2 years from geographical regions (or regional unions): Africa, Latin America and the Caribbean, Asia and the Pacific Ocean (2 places), Eastern Europe. On the second sub-stage (2022-2023), subject to the effective activity of the CES of the enlarged composition and compliance with mandatory restrictive conditions, new permanent members of the "Existential Security Council" are elected with the right of a conditional (limited) veto: Iran, Spain, Poland, Saudi Arabia. Members of the CES may be regional unions, whose member countries are not represented in the CES, but still have one vote with the right of a conditional (limited) veto. -/- Two essential levels of the veto: 1. Unconditional (absolute, eternal) veto is the historical right of veto of the five permanent members of the Council of Existential Security - Great Britain, China, Russia, USA, France; 2. Сonditional (limited) veto is the veto of other permanent and non-permanent members of the Council of Existential Security. The right of veto is a unique international school for the achievement of consensus, a school of high democracy for Humanity, a reliable guarantee of the viability of the UN structure. The Council for Existential Security centralises the management of the UN subsidiary bodies with the expansion of their security functions: the Military Staff Committee, the Counter-Terrorism Committee, the Committee for the Prevention of the Spread of Nuclear, Chemical and Biological Weapons, the Sanctions Committees and other committees. On the basis of the decision of the Council of Existential Security, the General All-Parliamentary Assembly creates permanent contingents of UN peacekeeping and counter-terrorism forces. In addition, two Centers are being created in the structure of the Council for Existential Security: the World Center for the Elimination of the Effects of Technogenic and Natural Disasters with branches on all continents and the World Center for the Analysis of Existential Risks and the Overall Security Strategy. The Center is developing the Programs of research and monitoring of global existential threats and risks. In order to increase the level of legitimacy and authority of the Secretary General of the United Nations, the Rules of procedure for elections to this post are changing. Each member country of the Council for Existential Security represents one of the most authoritative candidates for election to the post of Secretary General at the session of the General All-Parliamentary Assembly, with the possibility of nominating candidates from other countries, including those not members of the Council for Existential Security. Elections are held in two rounds during one day of the session of the Assembly. The Legal Committee of the UN General Assembly is developing a Program for the Reform of the Judicial System of the United Nations, which takes into account the proposals of the previous international discussion and determines the scope and terms of the reform of the courts. In accordance with the Program of Action on UN Reform for 2020-2025, reforms are under way in the structure of the Economic and Social Council. The central task of the reform is to strengthen the coordinating role of ECOSOC in the entire system of UN-related specialized agencies, funds and programs related to the Council. The key task of the UN reform is the solution of the financing problem. A unified "UN Open Budget "Solidarity XXI" is being created, including the financing of peacekeeping operations and other expenses. Each country, a member of the United Nations, lists in an established period, once a year, an Existential contribution - the Earth Tax. The Earth Tax for each UN member state is established on the basis of four scales of calculation: Scale I - for 5 permanent members of the Council of Existential Security, who have the right of absolute (absolute) veto; Scale II - for the permanent members of the SEB, who have the right to a conditional (limited) veto; Scale III - for non-permanent members of the SEB, who have the right to a conditional (limited) veto; Scale IV - for all other UN member countries. The program of action on UN reform includes a set of measures to ensure transparent work of the International Civil Service Commission with the involvement of the UN media. To strengthen control functions in the sphere of personnel policy, administrative and financial management, the General All-Parliamentary Assembly of the United Nations establishes the Permanent Commission on Ethics and Administrative and Financial Control. All members of the Commission, members of the Committees and auditors are independent in their activities from the leadership of the United Nations, its funds and programs. The General All-Parliamentary Assembly completes the first stage of the Program of Action on UN Reform in 2025 and, following an open discussion, introduces a single language of international communication - Esperanto and approves it as the official language of the United Nations. With a view to more effective work of the central UN governing bodies in the face of increasing existential threats and risks, reducing the current expenses for the maintenance of the central bodies of the UN, the Council for Existential Security and the General All-Parliamentary Assembly decide on the relocation of the UN headquarters to Iceland. The UN building complex in New York is transferred to preferential use of non-governmental organizations, which contribute to the implementation of the goals of the United Nations. At the second stage of the UN reform in the period 2026-2028, additional necessary transformations are being made in the UN system. At the end of the first stage of the reform, taking into account the reforms carried out by the main organs of the United Nations and the internal improvement of the work of all its structures, the United Nations Program of Action for the years 2026-2028 is being developed. (shrink)

This quantitative study explores the acceptability of Online Learning Action Cell (LAC) practice as a school-based professional development strategy for Tagumpay National High School (TNHS) teachers. The research was motivated by the Department of Education (DepEd) Order No. 35 s. 2016 which prompts public schools to comply with the implementation of LAC sessions because it has a positive impact on teachers’ beliefs and practices resulting in education reforms for learners’ benefit. However, in compliance with DepEd’s policy on maximizing Time-On-Task (...) (DepEd Order No. 9 s. 2005) and the teacher’s conflict of schedule and other ancillary and coordination functions, absences or non-participation in classroom LAC was noted. The viability of offering Online LAC sessions using appropriate media and technologies to provide more options and flexibility for the study is suggested and tested utilizing a conceptual framework drawn from DepEd Order No. 35 s. 2016, Simonson’s Equivalency Theory and Anderson’s Community of Inquiry (COI). A descriptive survey method was used in this study with purposive sampling identifying ten Technology and Livelihood Education (TLE) teachers to pilot the Online LAC based on the memorandum issued by the school head. The subjects went through a week of experience in a LAC session using Facebook (FB) as Learning Management System (LMS) while a researcher-designed survey tool in the form of a Likert-type scale questionnaire was administered via Google forms before and after the online session to measure teacher’s acceptability of Online LAC Session practice. In the analysis, a descriptive statistic shows that pre-post survey results on Online LAC session planning is from ‘moderately acceptable’ to ‘very highly acceptable’; implementation is from ‘acceptable’ to ‘very highly acceptable’, and evaluation is from ‘moderately acceptable’ to ‘very highly acceptable’. TNHS teachers' acceptability of Online LAC session practice increases after their participation in a fully-online learning environment. Limitations, recommendations, future research directions, and conclusions are also included in the study. -/- . (shrink)

Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...) advocates of ‘non-state law’ share the assumption that ‘law beyond the state’ and related legal norms have gained in centrality when compared with previous historical times. While global law, including both public and private global governance law as well as regional occurrences such as EU law, has undergone profound transformations since the structural transformations which followed the de-colonialization processes of the mid-twentieth century, we do not have more global law relatively to other types of law today than in previous historical times. The second deficiency is a methodological one. The vast majority of scholarship on global law is either of an analytical nature, drawing on insights from philosophy, or empirically observing the existence of global law and the degree of compliance with global legal norms at a given moment in time. While both approaches bring something to the table they remain static approaches incapable of explaining and evaluating the transformation of global law over time. The third deficiency is a conceptual-theoretical one. In most instances, global law is understood as a unitary law producing singular legal norms with a planetary reach, or, alternatively, a radical pluralist perspective is adopted dismissing the existence of singular global norms. Both of these approaches however misapprehend the structural characteristics, function and societal effects of global law. Instead a third positon between unitary and radical pluralist perspectives can be adopted through an understanding of global law and its related legal norms as a de-centred kind of inter-contextual law characterised by inter-legality. (shrink)

Every organization, as they grow has many stakeholders like shareholders, employees, customers, vendors, community, etc. For survival and growth, they have to rely upon healthy relations with all these stockholders. Hence organizations need to provide good returns for shareholders but also good jobs for employees, reliable products for consumers, responsible relations with the community and a clean environment. -/- Business ethics is the application of general ethical principles to business dilemmas and encompasses a broader range of issues and concerns than (...) laws do, as everything that is legal is not ethical. Ethics involves learning what is right or wrong, and then doing the right thing -- but "the right thing" is not nearly as straightforward. -/- Business Ethics has the following purposes: - To give people the tools for dealing with moral complexity in business - Business decisions have an ethical component - Ethical implications must be weighed before acting -/- Corporate governance is concerned with the ownership, control and accountability of companies, and how the corporate pursuit of economic objectives relates to a number of wider ethical and societal considerations. It is the application of best management practices, compliance of law in true letter and spirit and adherence to ethical standards for effective management and distribution of wealth and discharge of social responsibility for sustainable development of all stakeholders. -/- Good Corporate Governance is key to Growing Profits and Reputation. It represents the relationship among stakeholders that is used to determine and control the strategic direction and performance of organizations. Accountability is a key element as well as requirement for corporate governance, fortifying the latter in such a way that it provides a transparent template for governing critical decisions, procedures, and activities. -/- Corporate Governance deals with the questions: (1) Who benefits from corporate decisions/senior management actions? (2) Who should benefit from corporate decisions/senior management actions? -/- There are a number of reasons why businesses should act ethically .As behavior is based on values priorities, a mutual effort at all levels to deal with corporate ethics begins with a clear understanding of core values, both individually and organizationally. -/- Good corporate governance begins with a company's own internal practices and policies. While corporate governance issues are common across organizations, each company requires governance principles that are unique in their approach. Good governance is, ultimately, the sine qua non for continued growth and prosperity. -/- Corporate governance ensures that long term strategic objectives and plans are established and that the proper management structure is in place. Companies that provide good governance, both in terms of practices and results can expect the backing not only of investors but of customers too. -/- Corporate Governance represents the moral framework, the ethical framework and the value framework under which an enterprise takes decisions. In the long run ethical behavior has a positive impact on the company's performance. -/- This paper discusses the elements of corporate governance, inter-relationship between business ethics and corporate governance with reference to some of the Indian companies over the years and their impact in this era of globalization and liberalization. (shrink)

Please contact me at [email protected] if you are interested in reading a particular chapter or being sent the entire manuscript for private use. -/- The thesis offers a comprehensive argument in favor of a regulationist approach to autonomous weapon systems (AWS). AWS, defined as all military robots capable of selecting or engaging targets without direct human involvement, are an emerging and potentially deeply transformative military technology subject to very substantial ethical controversy. AWS have both their enthusiasts and their detractors, prominently (...) advocating for a global preemptive ban on AWS development and use. Rejecting both positions, the author outlines a middle-of-the-road regulationist approach that is neither overly restrictive nor overly permissive. The disqualifying flaws of the rival prohibitionist approach are demonstrated in the process. After defining the core term of autonomy in weapon systems, the practical difficulties involved in applying an arms control regime to AWS are analyzed. The analysis shows that AWS are an extremely regulation-resistant technology. This feature when combined with their assumed high military utility makes a ban framework extremely costly to impose and enforce. As such it is ultimately very likely to fail at the benefit of the most unscrupulous international actors and at a very substantial risk to those abiding with international law. Consequently, to be ethically viable, a prohibitionist framework would need to offer substantial moral benefits impossible to attain through the rival regulationist approach. The remainder of the thesis undertakes to demonstrate that this is not the case. Comparing the considerations of military and strategic necessity to humanitarian concerns most commonly voiced by prohibitionists requires finding a common denominator for all values being referred to. Consequently, the thesis proceeds to show that both kinds of concerns are ultimately reducible to respect for basic human rights of all stakeholders, and so that the prohibitionist and regulationist approach may ultimately be compared in terms of consequences their adoption would generate for basic human rights realization. The author then evaluates both the potential humanitarian benefits, and the potential humanitarian hazards of AWS introduction. The benefits of leaving frontline combat to machines are outlined, with the unique kinds of suffering that would be abolished by such a development being described in detail. The arguments against AWS adoption are then divided into three classes: arguments related to alleged impossibility of compliance with The Laws of Armed Conflict, non-consequentialist and broad consequentialist arguments. This analysis, which comprises the greater part of the entire thesis, shows that the concerns behind compliance arguments are indeed substantial and have to be accommodated via a complex framework of best practices, regulations and localized restrictions on some kinds of AWS or AWS use in particular environments. They do not, however, justify a universal ban on using all the diverse forms of AWS in all environments. Non-consequentialist objections are found either reducible to other classes of arguments or thoroughly unconvincing, sometimes to the point of being actually vacuous. Broad consequentialist concerns are likewise found to be accommodable by regulation, empirically unfounded or causally disconnected from the actions of legitimate actors acquiring AWS, and therefore irrelevant to the moral permissibility of such actions. The author concludes that the proponents of prohibitionism are unable to point to moral benefits substantial enough to justify the costs and risks inherent in the approach. A global ban is, in fact, likely to have a worse humanitarian impact that well-regulated AWS adoption even if the strategic risks are disregarded. On the other hand, the analysis shows that there indeed exists an urgent need to regulate AWS through a variety of technological, procedural and legal solutions. These include, but are not limited to, a temporary moratorium on anti-personnel AWS use, development of internationally verified compliance software and eventual legal requirement of its employment, a temporary moratorium on AWS proliferation to state actors and a ban on their proliferation to non-state agents. (shrink)

The ethical Principle of Proportionality requires combatants not to cause collateral harm excessive in comparison to the anticipated military advantage of an attack. This principle is considered a major (and perhaps insurmountable) obstacle to ethical use of autonomous weapon systems (AWS). This article reviews three possible solutions to the problem of achieving Proportionality compliance in AWS. In doing so, I describe and discuss the three components Proportionality judgments, namely collateral damage estimation, assessment of anticipated military advantage, and judgment of (...) “excessiveness”. Some possible approaches to Proportionality compliance are then presented, such as restricting AWS operations to environments lacking civilian presence, using AWS in targeted strikes in which proportionality judgments are pre-made by human commanders, and a ‘price tag’ approach of pre-assigning acceptable collateral damage values to military hardware in conventional attritional warfare. The article argues that application of these three compliance methods would result in AWS’ achieving acceptable Proportionality compliance levels in many combat environments and scenarios, allowing AWS to perform most key tasks in conventional warfare. (shrink)

Powerful, technically complex international compliance regimes have developed recently in certain professions that deal with risk: banking (the Basel II regime), accountancy (IFRS) and the actuarial profession. The need to deal with major risks has acted as a strong driver of international co-operation to create enforceable international semilegal systems, as happened earlier in such fields as international health regulations. This regulation in technical fields contrasts with the failure of an international general-purpose political and legal regime to develop. We survey (...) the new global regulatory systems in the actuarial, banking and accounting fields, with a view to showing how the need to deal reasonably with risk has resulted in an international de facto law solidly based on correct abstract principles of probability. (shrink)

I develop a broadly reliabilist theory of non-ideal epistemic rationality and argue that if it is correct we should reject the recently popular idea that the standards of non-ideal epistemic rationality are mere social conventions.

Though there is no international government, there are many international regimes that enact binding regulations on particular matters. They include the Basel II regime in banking, IFRS in accountancy, the FIRST computer incident response system, the WHO’s system for containing global epidemics and many others. They form in effect a very powerful international public sector based on technical expertise. Unlike the public services of nation states, they are almost free of accountability to any democratically elected body or to any legal (...) system. Although by and large they have acted for good, the dangers of long-term unaccountability are illustrated by the travesties of justice perpetrated by the International Labour Organisation Administrative Tribunal. (shrink)

The full compliance assumption has been the focus of much recent criticism of ideal theory. Making this assumption, critics argue, is to ignore the important issue of how to actually make individuals compliant. In this article, I show why this criticism is misguided by identifying the key role full compliance plays in modelling fairness. But I then redirect the criticism by showing how it becomes appropriate when Rawls and other ideal theorists expect their model of fairness to guide (...) real-world political practice. Attempts to establish institutions conforming to this ideal could have undesirable consequences and might even undermine fairness itself. (shrink)

Despite the growing attention to oppression and resistance in social and political philosophy as well as ethics, philosophers continue to struggle to describe and appropriately attribute agency under non-ideal circumstances of oppression and structural injustice. This chapter identifies some features of new accounts of non-ideal agency and then examines a particular problem for such theories, what Serene Khader has called the agency dilemma. Under the agency dilemma, attempts to articulate the agency of subjects living under oppression must on the one (...) hand avoid overemphasizing constraints on agency, and thereby producing paternalistic theories that “deny agency” for oppressed subjects, and on the other hand avoid failing to fully appreciate the effects of oppression on agency, thereby missing crucial features of how oppression unjustly shapes a person’s lived possibilities. This chapter traces this dilemma to a preoccupation with ascribing agency, which produces problematic descriptive and political effects for theorizing agency under oppression: what the author calls an asymmetry problem and a disenfranchisement problem. Finally, the chapter proposes that the agency dilemma might be ameliorated if theorists scrutinize more closely how moral, epistemic, and political agency interact and overlap in life under oppression. (shrink)

Frege-Geach worries about embedding and composition have plagued metaethical theories like emotivism, prescriptivism and expressivism. The sharpened point of such criticism has come to focus on whether negation and inconsistency have to be understood in descriptivist terms. Because they reject descriptivism, these theories must offer a non-standard account of the meanings of ethical and normative sentences as well as related semantic facts, such as why certain sentences are inconsistent with each other. This paper fills out such a solution to the (...) negation problems, following some of the original emotivist ideas about the interplay of interests in conversation. We communicate both to share information and coordinate our actions, and we use distinctively normative language like deontic ‘must’ and ‘may’ to negotiate what people are to do. The kinds of disagreement involved in such negotiation can illuminate the issues with negation and inconsistency. This paper outlines a dynamic semantic system in which these ideas can bear fruit, developing the scorekeeping model of conversation. The result is clarification about what Frege-Geach worries can mean for nondescriptive semantics. (shrink)

The central claim of the Parfitian psychological approach to personal identity is that the fact about personal identity is underpinned by a non-branching psychological continuity relation. Hence, for the advocates of the Parfitian view, it is important to understand what it is for a relation to take or not take a branching form. Nonetheless, very few attempts have been made in the literature of personal identity to define the non-branching clause. This paper undertakes this task. Drawing upon a recent debate (...) between Anthony Brueckner and Harold Noonan on the issue, I present three candidates for the non-branching clause. (shrink)