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)

Liberal theories of justice have been rightly criticized for two things by care theorists. First, they have failed to deal with private care relations’ inherent (inter)dependency, asymmetry and particularity. Second, they have been shown unable properly to address the asymmetry and dependency constitutive of care workers’ and care-receivers’ systemic conditions. I apply Kant’s theory of right to show that current care theories unfortunately reproduce similar problems because they also argue on the assumption that good care requires only virtuous (...) private individuals. Giving up this assumption enables us to solve the problems regarding both private care relations and systemic injustice. (shrink)

‘Justice’ is spoken of in two ways: the lawful and the fair. The law is a human construct that is devoted to the advantage of all, or to the advantage of the best, or to the advantage of those in power or to the advantage of those representing it – let it be the politician, the media, the TV presenter, the filmmaker. Thus, the law serves the production or the preservation of happiness within politics and business. The law commands (...) us to act according to the mean. A well-written law follows the mean well and a poorly written law does not. On the other hand, fairness is a principle sometimes materialised through the law and the given justice system. Fairness is the ultimate value pursued by both the common law and civil law traditions. However, its distribution through the law and the representation of this delivery varies. Does this mean that a different kind of justice is distributed? Through the teachings of Aristotle, this essay aims to deconstruct the notion of justice, by breaking down its two ingredients, the lawful and the fair, and by analysing the effect of their representation in modern European society. The relativity attached to the notion of justice is not a modern phenomenon, but a philosophical matter that can be analysed and indeed explained through the teachings of Aristotle and its contemporary students. The analysis will be developed in the context of convergent Europe, focusing on the role of the media and courts especially in relation to criminal justice. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of (...) Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

Emotion recognition systems (ERS) offer the ability to identify the emotions of others, based on an analysis of their facial expressions and regardless of culture, ethnicity, context, gender or social class. By claiming universalism in the expression as well as in the recognition of emotions, we believe that ERS present significant risks of causing great harm to some individuals, in addition to targeting, in some contexts, specific social groups. Drawing on a wide range of multidisciplinary knowledge - including philosophy, psychology, (...) computer science and anthropology - this research project aims to identify the current limitations of ERS and the main risks that their use brings, with the goal of providing a clear and robust analysis of the use of ERS and their contribution to greater social justice. Pointing to technical limitations, we refute, on the one hand, the idea that ERS are able to prove the causal link between specific emotions and specific facial expressions. We support our argument with evidence of the inability of ERS to distinguish facial expressions of emotions from facial expressions as communication signals. On the other hand, due to the contextual and cultural limitations of current ERS, we refute the idea that ERS are able to recognise, with equal performance, the emotions of individuals, regardless of their culture, ethnicity, gender and social class. Our ethical analysis shows that the risks are considerably more numerous and important than the benefits that could be derived from using ERS. However, we have separated out a specific type of ERS, whose use is limited to the field of care, and which shows a remarkable potential to actively participate in social justice, not only by complying with the minimum requirements, but also by meeting the criterion of beneficence. While ERS currently pose significant risks, it is possible to consider the potential for specific types to participate in social justice and provide emotional and psychological support and assistance to certain members of society. (shrink)

Emotion recognition systems (ERS) offer the ability to identify the emotions of others, based on an analysis of their facial expressions and regardless of culture, ethnicity, context, gender or social class. By claiming universalism in the expression as well as in the recognition of emotions, we believe that ERS present significant risks of causing great harm to some individuals, in addition to targeting, in some contexts, specific social groups. Drawing on a wide range of multidisciplinary knowledge - including philosophy, psychology, (...) computer science and anthropology - this research project aims to identify the current limitations of ERS and the main risks that their use brings, with the goal of providing a clear and robust analysis of the use of ERS and their contribution to greater social justice. Pointing to technical limitations, we refute, on the one hand, the idea that ERS are able to prove the causal link between specific emotions and specific facial expressions. We support our argument with evidence of the inability of ERS to distinguish facial expressions of emotions from facial expressions as communication signals. On the other hand, due to the contextual and cultural limitations of current ERS, we refute the idea that ERS are able to recognise, with equal performance, the emotions of individuals, regardless of their culture, ethnicity, gender and social class. Our ethical analysis shows that the risks are considerably more numerous and important than the benefits that could be derived from using ERS. However, we have separated out a specific type of ERS, whose use is limited to the field of care, and which shows a remarkable potential to actively participate in social justice, not only by complying with the minimum requirements, but also by meeting the criterion of beneficence. While ERS currently pose significant risks, it is possible to consider the potential for specific types to participate in social justice and provide emotional and psychological support and assistance to certain members of society. (shrink)

In this article, I show why it is necessary to abolish the use of predictive algorithms in the US criminal justice system at sentencing. After presenting the functioning of these algorithms in their context of emergence, I offer three arguments to demonstrate why their abolition is imperative. First, I show that sentencing based on predictive algorithms induces a process of rewriting the temporality of the judged individual, flattening their life into a present inescapably doomed by its past. Second, I (...) demonstrate that recursive processes, comprising predictive algorithms and the decisions based on their predictions, systematically suppress outliers and progressively transform reality to match predictions. In my third and final argument, I show that decisions made on the basis of predictive algorithms actively perform a biopolitical understanding of justice as management and modulation of risks. In such a framework, justice becomes a means to maintain a perverse social homeostasis that systematically exposes disenfranchised Black and Brown populations to risk. (shrink)

This paper endeavors to provide an explanation of health and the make-up of healthcare through distributive justice theories and access to the development of capabilities as the basis of a just healthcare structure. It also looks at matters around first level attention in healthcare as fundamental in the development of capabilities and access to functional diversity. It amounts, therefore, to a redefinition of bioethical contractualism, applied at the structure as basis of justice and the capability development.

This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation (...) like slavery or Jim Crow. While a “patterns” account helpfully directs attention to the effects of policies and practices that make up an institution, it does not fully explain the deep roots of anti-blackness in the criminal justice system in the United States. The paper concludes by defending an ideology-based theory of institutional racism for understanding the criminal justice system because the stereotype of the black criminal has a mutually reinforcing relationship with the patterns of disparate outcome for black people in the criminal justice system. This relationship creates a looping effect where the stereotype of the black criminal fuels the disproportionate involvement of black people in the criminal justice system, and the disproportionate representation of black people with felony records, in prisons, brutalized in police encounters, and so on reinforces the idea that black people are especially prone to criminality. Ideological approaches to racism that integrate attention to the patterns of disparate effect best explain what it means to say that the criminal justice system is racist. (shrink)

The purpose of this article is to continue the discussion on Europe’s converging criminal justice systems. In particular, I test a hypothesis that has recently appeared in the literature, which sees the jurisprudence of the European Court of Human Rights as one of the most significant factors that encourage a harmonization process between the adversarial and inquisitorial criminal justice systems of Europe. This claim is supported by examining the Court’s jurisprudence to identify decisions that led to legislative and (...) policy amendments in the domestic legal orders of the 46 member states of the Council of Europe. This account shows how an interplay currently taking place between judicial, policy, and statutory powers is marking the end of the adversarial-inquisitorial era. Finally, the conclusion identifies the three most important impediments that are likely to hamper this harmonization process. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Adults' judgments regarding punishment can have important social ramifications. However, the origins of these judgments remain unclear. Using the legal system as an example domain in which people receive punishment, the current work employed two complementary approaches to examine how punishment-related concepts emerge. Study 1 tested both 6- to 8-year-olds and adults to ascertain which components of “end-state” pun- ishment concepts emerge early in development and remain stable over time, and which components of pun- ishment concepts change with age. Children, (...) like adults, agreed with and spontaneously generated behavioral explanations for incarceration. However, children were more likely than adults to attribute incarceration to internal characteristics. Neither children nor adults reported that incarceration stems from societal-level factors such as poverty. Study 2 built on the results of Study 1 by probing the extent to which early punishment-related concepts in the legal domain emerge from a specific form of social experience—namely, parental incarceration. Children of incarcerated parents, like children whose parents were not incarcerated, were more likely to re- ference internal and behavioral factors than societal factors when discussing why people come into contact with the justice system. Taken together, these studies clarify how punishment-related concepts arise and therefore contribute to theories of moral psychology, social cognitive development, and criminal justice. (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)

Which political principles should govern global politics? In his new book, Simon Caney engages with the work of philosophers, political theorists, and international relations scholars in order to examine some of the most pressing global issues of our time. Are there universal civil, political, and economic human rights? Should there be a system of supra- state institutions? Can humanitarian intervention be justified?

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, (...) with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Morality is traditionally understood as comprised of two components: justice and mercy. The first component, justice, the universal component of the form, is frequently seen as foundational for any moral system – which poses a challenge of explaining the second component, mercy, the particular component of content. Kantian ethics provides an example of this approach. After formulating his universalist theory of ethics in the Groundwork of the metaphysics of morals and further developing it in the Critique of practical (...) reason, he attempts to use it in order to establish the morality of mercy in the Metaphysics of morals. Yet can universal morality of justice necessitate particular ethics of mercy? Using the example of competitive games, the relations between the ethics of justice and that of mercy are demonstrated, and it is shown that the former does not lead to the latter. Moreover, the universality of the rules of moral behavior can serve as a form for blatant brutality. Analyzing the characteristics of particular morality, we can conclude that physical humanity of the moral object, perceived as such by the subject, is a required condition for mercy. Removal of object's humanity is a necessary step toward an ethical system that allows cruelty – a system that can still be based on universal moral rules. Bhagavad Gītā, on the other hand, can be seen as an example of combining nīṣkāmakarma, the formal, universal ethics of desireless action, with a variety of particular motivations originating in the nature and social context of the moral agent. (shrink)

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore (...) be one of maximum independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. [Note: The publisher offers a 40% discount on this book (conditions apply). Please see the author's website: "Relational Approaches" for details.]. (shrink)

The word “justice” is used in several different ways. First, justice is sometimes understood as moral permissibility applied to distributions of benefits and burdens (e.g., income distributions) or social structures (e.g., legal systems). In this sense, justice is distinguished by the kind of entity to which it is applied, rather than a specific kind of moral concern.

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive (...) class='Hi'>justice. On Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

New biotechnologies have the potential to both dramatically improve human well-being and dramatically widen inequalities in well-being. This paper addresses a question that lies squarely on the fault line of these two claims: When as a matter of justice are societies obligated to include a new biotechnology in a national healthcare system? This question is approached from the standpoint of a twin aim theory of justice, in which social structures, including nation-states, have double-barreled theoretical objectives with regard to (...) human well-being. The first aim is to achieve a sufficient level of well-being in each of six core dimensions. In the special case of healthcare systems, this aim is focally but not exclusively attentive to achieving health sufficiency as one of the core dimensions. The second aim is to combat the emergence and persistence of densely woven patterns of systematic disadvantage that tend to undermine the achievement of a sufficient level of health and the other core elements of well-being of some persons and groups. Judgments about entitlements to health related resources, including new biotechnologies, are made in light of a threshold notion of health sufficiency. What is enough or sufficient health? The answer that is defended here is that sufficient health is enough health for a decent human life, understood as enough health to live a full life course without preventable, significant functional disability or decrement in health, or treatable pain or suffering. When a state must include a new biotechnology in its national healthcare system is also influenced by ancillary concerns about the connection between health and other core dimensions of well-being. What counts as a significant functional impairment or health decrement is thus explicated, in part, in relation to the theory’s sufficiency aim for the other essential dimensions of well-being, and thus for a decent life, overall. Those elements of health that play a critical role in the experience of sufficient reasoning, affiliation, security, respect and self determination are especially important; any loss of health function or capacity that threatens the individual’s prospects for sufficiency in these other dimensions, including the relational egalitiarian concerns they entail, constitutes a significant functional impairment. Within national borders, individuals are thus entitled to those health-related goods and services that are essential for a sufficiency of each of the dimensions of well-being; with regard to self determination and respect, what is sufficient by way of guaranteed access to specific goods and services is going to depend on the implications of such access for where an individual stands in relation to her co-nationals. The content of any entitlement to health-related goods and services is also necessarily dynamic. What can be done for health and the other core dimensions of well-being as a function of technological innovation and diffusion is in constant flux. The paper concludes by considering the implications of this analysis for the conditions under which states are obligated to include access in their healthcare systems to one biotechnology, deep brain stimulation. (shrink)

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...) to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior. (shrink)

Recently, there has been a concerted effort to shift bioethics’ traditional focus from clinical and research settings to more robustly engage with issues of justice and health equity. This broader bioethics agenda seeks to embed health related issues in wider institutional and cultural contexts and to help develop fair policies. In this paper, we argue that bioethicists who ascribe to the broader bioethics’ agenda could gain valuable insights from the interdisciplinary field of environmental justice and transportation justice, (...) in particular. We then proceed to demonstrate the importance of adopting an intersectional approach to transportation and health. The paper concludes with the argument that intersectional gender inequality is of particular importance when studying both health equity and the unequal distribution of burdens associated with transportation systems in local contexts. This essay is meant to be the beginning of a robust conversation concerning health equity, transportation justice, and intersectional distributions of both benefits and burdens. (shrink)

This study aimed to identify the interactive justice and its impact on the organizational loyalty of the Faculty Staff in the Technical University of Palestine-(Kadoorei). In order to achieve this, the researchers used a questionnaire consisting of (22) paragraphs where the first area (10) paragraphs looking at interactive justice, while the second area (12) in the area of organizational loyalty to the Faculty Staff at the university, where it was distributed to (105) individuals from the study sample, and (...) after the process of distribution of the questionnaire was collected and coded and entered into the computer and processed statistically using the statistical package of social sciences. The results of the study indicated that there is a statistically significant effect at the level of significance (α = 0.05) between the interactive justice at the Technical University of Palestine (Kadoorei) at the level of organizational loyalty among the teaching staff of the university. In light of the results of the previous study, the researchers recommended several recommendations, namely, the need for the university to pay attention to the level of interactive justice at department heads and to show more democracy in the decision-making mechanisms of Faculty Staff. (shrink)

The legend of Robin Hood exemplifies a distinct concern of justice neglected by theorists: the distributive results of systemic injustices. Robin Hood’s redistributive activities are justified by the principle that the distributive results of systemic injustices are unjust and should be corrected. This principle has relevance beyond the legend: since current inequalities in the US are results of systemic injustices, the US has good reason to take from the rich and give to the poor.

The convergence of computing, sensing, and communication technology will soon permit large-scale deployment of self-driving vehicles. This will in turn permit a radical transformation of traffic control technology. This paper makes a case for the importance of addressing questions of social justice in this transformation, and sketches a preliminary framework for doing so. We explain how new forms of traffic control technology have potential implications for several dimensions of social justice, including safety, sustainability, privacy, efficiency, and equal access. (...) Our central focus is on efficiency and equal access as desiderata for traffic control design. We explain the limitations of conventional traffic control in meeting these desiderata, and sketch a preliminary vision for a next-generation traffic control tailored to address better the demands of social justice. One component of this vision is cooperative, hierarchically distributed self-organization among vehicles. Another component of this vision is a priority system enabling selection of priority levels by the user for each vehicle trip in the network, based on the supporting structure of non-monetary credits. (shrink)

This Note examines whether, and at which stages, a criminal defendant should be permitted to offer genetic evidence of a predisposition to psychopathy. Drawing on multidisciplinary sources, including the work of legal scholars, neurobiologists, psychologists, and medical researchers, the Note discusses psychopathy, its symptoms, and how it is measured, along with the proposed genetic and environmental causes of the disorder. The Note then examines current evidence rules and trends in the admissibility of genetic evidence at the guilt/innocence phase of criminal (...) trials and at sentencing. After discussing the potential effects of admitting evidence of a genetic basis for psychopathy at both of these phases, the Note concludes that the stigmatizing nature of the disorder and the uncertainty over its causes make it inadvisable to admit this type of evidence at the guilt/innocence phase of trial. However, admitting this evidence at sentencing is not objectionable. (shrink)

In this article, I develop a new account of the liberal view that principles of justice are meant to justify state coercion, and consider its implications for the question of global socioeconomic justice. Although contemporary proponents of this view deny that principles of socioeconomic justice apply globally, on my newly developed account this conclusion is mistaken. I distinguish between two types of coercion, systemic and interactional, and argue that a plausible theory of global justice should (...) contain principles justifying both. The justification of interactional coercion requires principles regulating interstate interference; that of systemic coercion requires principles of global socioeconomic justice. I argue that the proposed view not only helps us make progress in the debate on global justice, but also offers an independently compelling and systematic account of the function and conditions of applicability of justice. -/-. (shrink)

The starting point of this chapter is the observation that at the global level the climate system is failing to produce the outcomes it was set up to produce and as such is lacking consistency integrity. That is, it is failing to act in accordance with its public institutional justification and the values embodied in it. However, emerging so-called polycentric systems are increasingly successful at addressing the challenges of global climatic change, according to economist Elinor Ostrom. The aim of this (...) chapter is to discuss the possibility of applying the integrity approach to polycentric systems, which comprise a multitude of institutional, corporate and individual agents not all of which have a clear public institutional justification. (shrink)

As algorithms have become ubiquitous in consequential domains, societal concerns about the potential for discriminatory outcomes have prompted urgent calls to address algorithmic bias. In response, a rich literature across computer science, law, and ethics is rapidly proliferating to advance approaches to designing fair algorithms. Yet computer scientists, legal scholars, and ethicists are often not speaking the same language when using the term ‘bias.’ Debates concerning whether society can or should tackle the problem of algorithmic bias are hampered by conflations (...) of various understandings of bias, ranging from neutral deviations from a standard to morally problematic instances of injustice due to prejudice, discrimination, and disparate treatment. This terminological confusion impedes efforts to address clear cases of discrimination. -/- In this paper, we examine the promises and challenges of different approaches to disambiguating bias and designing for justice. While both approaches aid in understanding and addressing clear algorithmic harms, we argue that they also risk being leveraged in ways that ultimately deflect accountability from those building and deploying these systems. Applying this analysis to recent examples of generative AI, our argument highlights unseen dangers in current methods of evaluating algorithmic bias and points to ways to redirect approaches to addressing bias in generative AI at its early stages in ways that can more robustly meet the demands of justice. (shrink)

Justice and Libertarianism The term ‘justice’ is commonly used in several different ways. Sometimes it designates the moral permissibility of political structures (such as legal systems). Sometimes it designates moral fairness (as opposed to efficiency or other considerations that are relevant to moral permissibility). Sometimes it designates legitimacy in the sense of it being morally impermissible for others to interfere forcibly with the act or omission (e.g., my failing to go to dinner with my mother may be wrong (...) but nonetheless legitimate). Finally, sometimes it designates what we owe each other in the sense of respecting everyone’s rights. Of course, these notions are closely related. What we owe each other may, but need not, be partly based on issues of fairness. Legitimacy and permissibility of political structures are largely, but perhaps not entirely, determined by what rights of non-interference individuals have. Nonetheless, these are distinct notions and we shall focus only on what we owe each other. Justice as what we owe each other is not concerned with impersonal duties (duties owed to no one, i.e., that do not correspond to anyone’s rights). If there are impersonal duties, then something can be just but nonetheless morally impermissible. For brevity, we shall often write of actions being permissible or agents having a moral liberty, but this should always be understood in the interpersonal sense of violating no one’s rights. Libertarianism is sometimes advocated as a derivative set of rules (e.g., derived from rule utilitarian or contractarian doctrines). Here, however, we reserve the term for the natural rights doctrine that agents initially fully own themselves. Agents are full self-owners just in case they own themselves in precisely the same way that they can fully own inanimate objects. Stated slightly differently, full self-owners own themselves in the same way that a full chattel-slaveowner owns a slave. Throughout, we are concerned with moral ownership and not legal ownership.. (shrink)

G.A. Cohen accuses Rawls of illicitly tailoring basic principles of justice to the ‘crooked wood’ of human nature. We are naturally self-interested, for example, so justice must entice us to conform to requirements that cannot be too demanding, whereas Cohen thinks we should distinguish more clearly between pure justice and its pragmatic implementation. My suggestion is that, strictly speaking, Rawls does not rely on facts of any kind to define his constructive procedure or to argue that his (...) principles of justice would be its result – facts only come in to determine whether actual people satisfy the moral conceptions he defines and to determine whether his principles of justice can be stable for the right reasons. A distinguishing feature of normative constructivism, I claim, is that it begins with stipulated models that can include normative and descriptive elements; we then proceed to engage in a priori reflection about what these models presuppose and how they relate to one another. Rawls appeals to commonsense morality to partially define a citizen as someone who is engaged in social cooperation with others and a society as a fair system of cooperation; he then draws from these organizing ideas to characterize the original position for choosing principles of social regulation for societies and citizens so defined. Whether or not there are any actual people or societies that match Rawls’ models is a different matter, and irrelevant to the internal structure of his theory, but if the models do apply to people and societies in the real world then Rawls has given a powerful argument that his principles of justice are the most reasonable for them. Rather than watering down principles of justice to suit human nature, Rawls argues for principles of justice on a priori grounds and hopes that we can live up to the moral self-conceptions that underlie them. (shrink)

Mark Pennington argues political systems should be decentralized in order to facilitate experimental learning about distributive justice. Pointing out the problems with Pennington's Hayekian formulation, I reframe his argument as an extension of the Millian idea of 'experiments in living.' However, the experimental case for decentralization is limited in several ways. Even if decentralization improves our knowledge about justice, it impedes the actual implementation of all conceptions of justice other than libertarianism. I conclude by arguing for the (...) compatibility of egalitarian redistribution with the epistemic virtues of markets pointed out by Hayek. (shrink)

This article provides an exposition of restorative justice ethics, briefly explaining how and why its relational constitution enables it to comprise a theory of justice. I then describe how that relational constitution permits it to overlap, and work in tandem, with a wide range of religious and philosophical traditions. Numerous writings in religion and peacebuilding explore the roles that restorative justice has played in transitional justice contexts (Tutu 2000, Abu-Nimer 2001, de Gruchy 2002, Biggar 2003, Walker (...) 2004, Villa-Vicencio 2009). Less examined are cases in which restorative justice aims to provide a sustainable alternative to justice institutions and systems that generate substantial systemic injustices—what peace studies scholars describe as the inter-lacing of structural, cultural, and direct forms of violence (Springs 2015). In part two, then, I make the case that intervening in, and countering, structural and cultural violence, and systemic injustices, is conceptually intrinsic to restorative justice. Moreover, this opens possibilities for restorative justice to present sustainable alternatives to—and work to transform— structural violence occurring in retributive justice systems. Restorative justice can uniquely intervene in these ways, I argue, because of the form of moral and spiritual association its relational constitution engenders. As a test case, I briefly examine its capacity to intervene in the justice system that perhaps leads the world in the levels of structural and cultural violence—the United States. (shrink)

Ideally, should liberals in a pluralistic society be able to agree to abide by a common legal system such that all their disputes are resolved without resort to illegal force? Rawls believes the answer is “yes.” I explain and defend his answer, but I also conclude, focusing on the example of abortion, that the truth is “not necessarily, not always.” Rawls’s conceptions of reasonable citizens and public reason help explain why there is a strong prima facie duty to forswear illegal (...) force. It is based on the duty to respect others, which requires that one be able to justify one's actions to them insofar as they are reasonable and matters of basic justice are at issue. One cannot justify using illegal force to those who reasonably think a law is just; to them it is a form of disrespect. Nonetheless, if one reasonably thinks that a fundamental injustice is tolerated or even established by the law, then one may be no less reasonable than one has reason to be if one uses illegal force, sacrificing this form of respect to right a greater wrong. (shrink)

This paper argues that the Fairtrade certification system represents an illuminating example of the challenge of systematically determining consumer and entrepreneurial responsibilities in our global age. In taking up the central question of what, if anything, may be called ‘just’ or ‘fair’ in Fairtrade, I more precisely argue for a two-fold thesis: that a meaningful evaluation of Fairtrade must consider both an interactional and an institutional understanding of global responsibilities to promote justice and that Fairtrade can be better defended (...) against several popular objections from the perspective of a theory that adequately differentiates between interactional responsibilities and institutional responsibilities of promoting justice under unjust circumstances. (shrink)

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks (...) the authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

Literature frequently describes how ineffective implementation of instructional policy frameworks can make distance learning a lonely and unrewarding academic pursuit, characterized by high student drop-out rates, high failure rates and academic exclusion. In trying to mitigate this catastrophe, academic departments in distance learning institutions utilize learning management systems (LMSs) to stimulate students’ learning experiences. In keeping with techno-progressivism, the researchers (and authors of this paper) turned to extant documentary policy and literature to review – qualitatively – how the University of (...) South Africa’s (Unisa’s) Open Distance Learning Policy (ODLP) promotes academic inclusion and learning agency as cornerstones of student success and social justice, especially in an unequal society like South Africa. The findings revealed the following: 1) Unisa’s ODLP position has the impetus to influence the deployment of the LMS to promote academic inclusion; 2) Practical means of promoting inclusion were mirrored in the provision of manual or electronic learning material, computer laboratories and free internet connectivity in regional centres across all nine provinces of South Africa, as well as in the provision of laptops for National Student Financial Aid Scheme (NSFAS)-funded students, 30 gigabytes of free monthly mobile data to all students, and assistive technologies for students with disabilities; 3) Practical utilization of an LMS to foster self-regulated learning occurred through problem-based individual activities supplemented by asynchronous demonstrative learning material (e.g. audio, video), while collaborative learning agency was enabled through e-tutoring, which afforded students the opportunity to interact with e-tutors and their peers about the learning content; 4) Drawbacks in the use of the LMS stemmed from the insufficiency of assistive learning technologies that are required for students with disabilities to participate fully in online learning, and a corpus of students’ irregular attendance at and participation in e-tutoring discussions and their projection of a negative attitude towards the e-tutors. -/- . (shrink)

This chapter introduces and discusses the concepts that are in-depth articulated in the volume. International migration is presented here as a test bench where the normative limits of institutional order, its contradictions and internal tensions are examined. Migrations allows to call into question classical political categories and models. Pointing at walls and fences as tools that reproduce enormous inequalities within the globalized neo-liberal system, this chapter presents the conceptual tensions and contradictions between migration policies and global justice. We challenge (...) the conceptualization of justice as a relationship between citizens of the same country and the State and argue that, in our globalized world, nation-state cannot constitute the basic unit of the theories of justice. We argue that an integral approach that includes the complex and interconnected forms of structural inequalities and transcends the borders of national sovereign states is required. Avoiding the methodological nationalism and the exclusionary biases that inform current migration and border control policies, this chapter finally places attention on the most marginalized subjects of the migration chain: migrant women workers. We point out the importance of addressing transnational structural inequalities and bringing social reproduction to the center of global justice theories. (shrink)

This study aimed to identify the effect of procedural justice on organizational loyalty from the point of view of Faculty Staff at Palestine Technical University- Kadoorei. It also aimed to identify the differences in the views of the study sample on the study variables according to the years of service. In order to achieve this, the researchers used a questionnaire consisting of (22) paragraphs where the first area (10) paragraphs looking at procedural justice while the paragraphs of the (...) second area and the number of (12) paragraph in the field of organizational allegiance to Faculty Staff at the university, (105) questionnaires were distributed on the sample of the study, and after the process of distribution of the questionnaire was collected and coded and entered into the computer and processed statistically using the statistical program of social sciences (SPSS). One of the most important findings of the study was that the degree of procedural justice at the heads of departments at Palestine Technical University- Kadoorei, from the point of view of Faculty Staff was between the medium and large, where the average arithmetic (3.65). Respondents also showed a high level of organizational loyalty (3.84). The study also showed a statistically significant effect at the level of significance (α = 0.05) for procedural fairness in achieving organizational loyalty, and the absence of differences attributed to years of experience. In the light of the results of the previous study, the researchers recommended several recommendations, the most important of which is to increase the awareness of the workers on the principles of procedural justice, to encourage adherence to them and to indicate their importance in job performance by creating systems and methods that ensure commitment to justice by raising the ability of leaders to build new policies and visions Which would promote the work of institutions. (shrink)

The COVID-19 pandemic has been overwhelming public health-care systems around the world. With demand exceeding the availability of medical resources in several regions, hospitals have been forced to invoke triage. To ensure that this difficult task proceeds in a fair and organised manner, governments scrambled experts to draft triage guidelines under enormous time pressure. Although there are similarities between the documents, they vary considerably in how much weight their respective authors place on the different criteria that they propose. Since most (...) of the recommendations do not come with ethical justifications, analysing them requires that one traces back these criteria to their underlying theories of distributive justice. In the literature, COVID-19 triage has been portrayed as a value conflict solely between utilitarian and egalitarian elements. While these two accounts are indeed the main antipodes, I shall show that in fact all four classic theories of distributive justice are involved: utilitarianism, egalitarianism, libertarianism, and communitarianism. Detecting these in the documents and classifying the suggested criteria accordingly enables one to understand the balancing between the different approaches to distributive justice—which is crucial for both managing the current pandemic and in preparation for the next global health crisis. (shrink)

In this paper I briefly set out Susan Moller Okin’s liberal feminist position and then rehearse a number of criticisms of Okin which together suggest that dismantling the gender system and adopting the principle of androgyny would not be compatible with liberalism. This incompatibility appears to vindicate an extreme feminist critique of liberalism. I argue that nevertheless a liberal feminism is possible. The liberal feminist ought to adopt the principle of parity, that is, guaranteed equal representation of both sexes in (...) parliament, rather than the requirement of androgyny. Parity follows from a conception of procedural justice, for it provides a mechanism which guarantees that the interests of both sexes are fairly represented in the legislature. Parity may also go some way to alleviating the tensions which exist between feminism and multiculturalism. (shrink)

The last two decades have seen a welcome proliferation of the collection and dissemination of data on social progress, as well as considered public debates rethinking existing standards of measuring the progress of societies. These efforts are to be welcomed. However, they are only a nascent step on a longer road to the improved measurement of social progress. In this paper, I focus on the central role that gender should take in future efforts to measure progress in securing human rights, (...) with a particular focus on anti-poverty rights. I proceed in four parts. First, I argue that measurement of human rights achievements and human rights deficits is entailed by the recognition of human rights, and that adequate measurement of human rights must be genuinely gender-sensitive. Second, I argue that existing systems of information collection currently fail rights holders, especially women, by failing to adequately gather information on the degree to which their rights are secure. If my first two claims are correct, this failure represents a serious injustice, and in particular an injustice for women. Third, I make recommendations regarding changes to existing information collection that would generate gender-sensitive measures of anti-poverty rights. Fourth, I conclude by responding to various objections that have been raised regarding the rise of indicators to track human rights. (shrink)

The coronavirus disease 2019 (COVID-19) pandemic has motivated medical ethicists and several task forces to revisit or issue new guidelines on allocating scarce medical resources. Such guidelines are relevant for the allocation of scarce therapeutics and vaccines and for allocation of ICU beds, ventilators, and other life-sustaining treatments or potentially scarce interventions. Principles underlying these guidelines, like saving the most lives, mitigating disparities, reciprocity to those who assume additional risk (eg, essential workers and clinical trial participants), and equal access may (...) compete with one another. We propose the use of a “categorized priority system” (also known as a “reserve system”) as an improvement over existing allocation methods, particularly because it may be able to achieve disparity mitigation better than other methods. (shrink)

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

This paper analyses how Vision Zero (VZ) efforts in New York City (NYC) account for equity and social justice implications of road safety work. VZ policy documents, research literature, popular science and opinion articles on road safety work in the city were studied with a prime focus on equity and social justice. Twelve semi-structured interviews with stakeholders involved in road safety and transport planning in the city and at national level were conducted to gain an in-depth understanding of (...) policy design, the adoption process, and the role of equity considerations in the city's road safety work. The results show that major equity and social justice issues arise in the adoption and implementation of VZ. These issues are primarily related to equity and fairness in the distribution of life saving interventions, the socio-economic impacts of road safety strategies, and the nature of community engagement in policy design and implementation. The findings point to a need for VZ practitioners to give due considerations to equity and social justice implications of VZ policies and strategies. Among others, it supports the need for understanding the nature of past equity and social justice problems in road safety and transport planning in the VZ policy design process. Moreover, the findings suggest the need for empirical studies on the socio-economic implications of VZ strategies and interventions. (shrink)

This article offers a conceptual framework for discussing the role of envy within processes of transitional justice. Transitional justice importantly includes the transformation of intergroup dynamics of interaction in the aftermath of societal conflicts and upheavals. Such transformation aims to realise “interactive” justice in transitional justice by reshaping belief and value systems, and by moulding emotional responses between the involved parties. A nuanced understanding of the emotions at play in intergroup antagonistic dynamics of interaction is thus (...) essential to transitional justice. Among the many emotions that we could address in such scenarios, we target envy. Envy, in its various forms, features prominently in many societal conflicts and upheavals, and has, therefore, the potential to undermine or, conversely, support just intergroup interactions. However, the ambivalent role of this emotion has been scantly analysed in the philosophical literature on transitional justice. We make a start on filling this lacuna by developing a conceptual framework which is necessary to appreciate how envy and its varieties are epistemically and practically relevant to realising interactive justice in transitional justice processes. (shrink)

The paper discusses the possibility that the benefits of pharmacogenomics will not be distributed equally and will create orphan populations. I argue that since these inequalities are not substantially different from those produced by ‘traditional’ drugs and are not generated with the intention to discriminate, their production needs not be unethical. Still, the final result is going against deep-seated moral feelings and intuitions, as well as broadly accepted principles of just distribution of health outcomes and healthcare. I thus propose two (...) provisos that would prevent the most offensive outcomes and moderate the scope of the produced inequalities. The first proviso rejects pharmacogenomics innovations that worsen existing group inequalities and aggravate the disadvantage of communities with a history of discrimination. The second proviso requires that there is a strategy in place to even out as much as possible the distribution of benefits in the future and that a system of compensations is in place for pharmacogenomic orphans. Given that only one moral problem generated by pharmacogenomics has been tackled, the list of provisos might be expanded when other issues are considered. (shrink)

This paper explores the implications of empirical theories of migration for normative accounts of migration and distributive justice. It examines neo-classical economics, world-systems theory, dual labor market theory, and feminist approaches to migration and contends that neo-classical economic theory in isolation provides an inadequate understanding of migration. Other theories provide a fuller account of how national and global economic, political, and social institutions cause and shape migration flows by actively affecting people's opportunity sets in source countries and by admitting (...) people according to social categories such as class and gender. These empirical theories reveal the causal impact of institutions regulating migration and clarify moral obligations frequently overlooked by normative theorists. (shrink)