This paper argues that the question of the compatibility between competition and solidarity needs to be clarified by distinguishing a variety of possible normative frameworks. Using a core metaphor of a race between runners hired by stadiums, I develop and discuss three ethical frameworks: the emergentist perspective, which considers that competition is in itself the locus of solidarity; the social-democratic perspective, which views solidarity as the main counterweight to the abrasive effects of competition – without, however, calling (...) into question the system that generates this competition; and the oppositional perspective, which considers solidarity as an implication of the desire to assist the victims of asymmetrical social power, unfairly distributed through competition, and therefore sees ‘genuine’ solidarity as a means to subvert competitive logic itself. In each case, I deconstruct the fundamental ‘axioms’ that underlie the approach, and I gradually demonstrate why there are compelling ethical arguments for a radical subversion of the logic of competition within a framework of ‘genuine’ solidarity. Thus, while the social-democratic perspective trumps the emergentist perspective, it is in turn trumped by the oppositional perspective. The basic idea is that competition which is statically fair, tends to become dynamically unfair, revealing a deep-lying source of structural alienation. This requires a renewed view of the nature of agents’ rationality, however, and an abandonment of some cherished beliefs and prejudices concerning the alleged fairness of competition in market economies. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhism, Christianity, and Modern Science:A Response to Masao AbeFrank FairAfter number of years of teaching philosophy of science, a few years ago I took up the challenge of teaching philosophy of religion. As one might imagine, it has always seemed to me to be important that our religious convictions harmonize with our best scientific knowledge of how the world works, and this became a more interesting issue when the (...) change in my teaching assignment brought me into contact with the work of Masao Abe, the eminent Japanese Buddhist scholar. His essay "Religion and Science in the Global Age—Their Essential Character and Mutual Relationship" (Abe 1985: 241–248) challenged me to expand my thinking to consider not only how theistic religions such as Christianity relate to science, but also to consider how nontheistic religions, such as Buddhism, might fare when interacting with modern science.In his essay on religion and science Abe expressed his agreement with the thought of Keiji Nishitani in this way:1. It is necessary for each religion to re-examine the basis of its world view. For any religion its world view is not like clothes that one can change whenever one pleases. A world view is to religion what water is to a fish. It is the indispensable condition through which religion can actually come into existence. Water is neither the life of the fish as such, nor its body, yet it is fundamentally linked to both. For a religion to change its world view is a matter no less fatal to it than for a fish to change from salt water to fresh.2. What is even more crucial and important is that each religion re-examine and reinterpret that tradition's understanding of God or the 'ultimate' and His or its relation to human beings and the world. With regard to this second point, Buddhism which is fundamentally non-theistic, is in a somewhat different situation from Christianity, which is basically theistic. (Abe 1985: 244–245)Abe continues: "Theistic answers to the question 'why' in Christianity, such as the 'will of God' and the 'rule of God' are incompatible with modern scientific answers to the question 'how.' This is because the former strongly emphasize the personality of the ultimate while the latter is essentially impersonal" (Abe 1985: 245). In this [End Page 67] discussion, I will follow Abe's lead and consider the question of whether Buddhism is more compatible with modern science than Christianity.Christianity and Modern Science: Tensions and HarmoniesOne set of issues causing tension between modern science and Christianity has to do with history. Briefly, ideas about the creation of the universe, about the special creation of humankind, and about miracles, as in the claims about the resurrection of Jesus, are ideas about the action of God in history. These ideas relate the stance that Abe attributed to Christianity as involving an attempt to answer "why" questions about meaning and purpose, an attempt which he feels brings Christianity into conflict with modern science. I will give a brief account of what I take to be the current state of the discussion about each of these matters, and my point is to argue that Abe's conclusion about the relative superiority of Buddhism over Christianity in relation to modern science is premature at best.The Creation of the UniverseThe rise of the Big Bang theory, which traces the origin of the universe back to a tremendously powerful event several billion years ago, at first gave comfort to traditional ideas of divine creation. However, it soon became apparent that this comfort was ambiguous at best. It was not clear, for instance, that one could really prove on the basis of observational evidence that there was an absolute starting point those many billions of years ago, or whether the totality of things could be going through a huge set of cycles. Then there is the issue that even if there is a "First Cause" responsible for the Big Bang, this does not automatically give evidence that the First Cause is a personal being who cares about us or has any immediate involvement in our lives. The First Cause... (shrink)

The present paper argues that a right to work, defined as social and legal guarantees to fair conditions of employment, should be an essential part of a democratic state with market arrangements. This argument proceeds along the following lines. First, I reconstruct an account of rights that defends the “correlativity” thesis of rights and duties. The basic idea is that a social member’s legitimate demand to something of value, such as gainful employment, implies duties on the part of others (...) to respect and fulfill it. These duties include the following with regard to that demand: avoiding actions that cause the harm, protecting it against standard threats, and otherwise providing aid in case it is deprived. Second, I sketch an outline of what a right to work will entail in terms of the correlative duties just described. This means that respect and fulfillment of the demand will require both social members and the democratic state alike to guarantee fair conditions of employment: first, by forbearing from actions that deprive members of access to work; and second, by protecting members against threats of deprivation and aiding them when they are so deprived. Third, I answer some ethical and empirical objections to the idea of a right to work: that it violates the legal rights of owners and employers, fails to impart self-respect, lacks economic efficiency, and erodes human capital by undermining competitive incentives. Finally, I make some concluding observations that a democratic right to work so conceived is ethically and economically superior to alternative arrangements that neither respect nor fulfill these correlative duties to avoid harm, protect against threats, and provide aid in cases of deprivation. (shrink)

The ‘marketplace of ideas’ is an influential metaphor with widespread currency in debates about freedom of speech. We explore a number of ways competition between ideas might be described as occurring in a marketplace and find that none support the use of the metaphor. We suggest that an alternative metaphor, that of the ‘garden of ideas’, may offer more productive insights into issues surrounding the regulation of speech.

Despite the reality of intersex individuals whose biological markers do not necessarily all point towards a traditional binary understanding of either male or female, the vast majority of sports divide competition into categories based on a binary notion of biological sex and develop policies and regulations to police the divide. In so doing, sports governing bodies (SGBs) adopt an imperfect model of biological sex in order to serve their particular purposes, which, typically, will include protecting the fundamental sporting value (...) of fair competition. Yet, one potential consequence of enforcing such an approach would seem to be the exclusion or marginalization of individuals whose biological development does not fit within the binary model, whether due to genetics or through a choice to undergo medical intervention to better represent a chosen gender identity. Any such exclusion or marginalization will inevitably tend to undermine another fundamental value of sport, that of inclusivity. In the context of those with differences of sex development, SGBs appear to be faced with a difficult problem: dealing with a conflict between two fundamental values of sport. Different approaches to this problem have been suggested, with some academics proposing that sports organisations, in general, ought to prioritise fairness above, while others suggest the need to ‘balance’ competing values or even to prioritise inclusion over fairness. However, it is argued that any of these approaches are, in principle, justifiable as any sport should be free to prioritise or balance its own values. What seems more important for any SGB is the need for a rational and transparent justification of regulations that pursue fair competition at the expense of inclusivity. Furthermore, where fair competition and inclusivity are fundamental values, any such justification would seem to demand adherence to some basic norms. First, the regulations should be built on (and articulate) a consistent and principled basis of what ‘fair competition’ means in a particular sport. Second, any regulations should only exclude or restrict participation to the minimum degree necessary to achieve the sense of fair competition so articulated. Third, SGBs should be transparent about what their values are and where their priorities lie so that participants and other stakeholders are able to make an informed choice as to whether they wish to participate in, support, or be associated with a particular sport. With reference to the adoption of the Eligibility Regulations for Athletes with Differences of Sex Development (the ‘DSD Regulations’) by the International Association of Athletic Federations (IAAF), this article seeks to evaluate whether the approach of the IAAF satisfied these basic requirements. (shrink)

ABSTRACT“Post-truth” politics is often framed as a failure of the competition of idea­s. Yet there are different ways of thinking about the competition of ideas, with different implications for the way we understand its benefits and risks. The dominant way of framing the competition of ideas is in terms of a marketplace, which, however, obscures the different ways ideas can compete. Several theorists can help us think through the competition of ideas. J. (...) S. Mill, for example, avoided the metaphor of the market by focusing, instead, on competition as the testing of arguments in adversarial encounters before a critical audience. Georg Simmel, alternatively, conceived of competition as a form of indirect conflict, where two individuals strive in parallel to gain audience approval. This view emphasizes innovation and creativity in the competition of “all for all.” More recently, theorists have developed the market logic of competition by thinking of a marketplace not for ideas but for rationalizations. This articulates some of the features of Simmel’s view of competition, but underestimates the degrees of constraint required to secure the goods of competition. Ultimately, recognizing these different modes of competition in the public sphere can enrich our theories of deliberative democracy and sharpen our view of the problem of “post-truth” politics. (shrink)

If the global economy seems unfair, how should we understand what a fair global economy would be? What ideas of fairness, if any, apply, and what significance do they have for policy and law? Working within the social contract tradition, this book argues that fairness is best seen as a kind of equity in practice.

This article examines the fairness of business competition in the field of information and communication technologies. In the era of "postcontemporary society" economy, the dominant factor of development is the use of information. The share of business in the field of information and communication technologies in the economy is constantly growing. For businesses, its integration into the Internet, which has become an important market for the sale and promotion of goods and services, is becoming increasingly important. Various digital innovations, (...) social networks, mobile applications, information and communication technologies have become commonplace in today's society, which affects the need to study their impact on business. Technology transfer is the basis of innovative activities of small businesses and a means of their sustainable development, a guarantee of profit and social impact. It is noted that in order to win in the competition, personal brand and trademarks, strategic management and balanced business plans are of special importance. A characteristic feature of leading high-tech companies is the use of digital platforms through which they provide their services. Digital platforms are used for interaction in social networks, use of search and payment systems, exchange of information materials. The need for high start-up costs leads to the difficulty of entering this market and the concentration of large amounts of data in the hands of a small number of players, which carries the threat of monopolization in the market of digital platforms. (shrink)

Both a significant body of literature and the case study presented here show that digital knowledge repositories struggle to attract the needed level of data and knowledge contribution that they need to be successful. This happens also to high profile and prestigious initiatives. The paper argues that the reluctance of researchers to contribute can only be understood in light of the highly competitive context in which research careers need to be built nowadays and how this affects researchers’ quality of life. (...) Competition and managerialism limit the discretion of researchers in sharing their results and in donating their working time. A growing corpus of research shows that academic researchers are increasingly overworked and highly stressed. This corroborates the point that the room for undertaking additional tasks with future and uncertain benefits is very limited. The paper thus recommends that promoters of digital knowledge repositories focus on the needs of the researchers who are expected to contribute their knowledge. In order to treat them fairly and to ensure the success of the repositories, knowledge sharing needs to be rewarded so as to improve the working conditions of contributors. In order to help implementing this researcher-centred approach, the paper proposes the idea of expediential trust: rewards for contributing should be such that rational, self-interested researchers would freely decide to contribute their knowledge and effort trusting that this would make them better off. (shrink)

In this essay, Johannes Giesinger comments on the current philosophical debate on educational justice. He observes that while authors like Elizabeth Anderson and Debra Satz develop a so-called adequacy view of educational justice, Harry Brighouse and Adam Swift defend an egalitarian principle. Giesinger focuses his analysis on the main objection that is formulated, from an egalitarian perspective, against the adequacy view: that it neglects the problem of securing fair opportunities in the competition for social rewards. Giesinger meets this (...) objection by expressing two basic theses: First, he argues that Brighouse and Swift themselves fail to give an adequate account of fair competition; and, second, he shows that the adequacy view provides the theoretical resources to face this problem. (shrink)

The notion of competition depicted in sport literature appears to be inconsistent with the goals of current European soccer competitions. This paper examines two misconceptions of fair competition which are prevalent in these competitions. First, it aims at refuting the view that professional soccer only requires some basic equality of chances beyond the differences in players’ skills and managers’ knowledge of game strategy. In other words, it refutes the view that professional soccer only demands a notion of (...) fair competition understood as fair play. Second, the paper also aims at refuting the view that fair competition, in professional soccer, is simply a matter of financial viability. Hence, it calls for both genuine legal and ethical reforms, since professional soccer competition requires a notion of equality as both a goal and a right. Such a notion, we argue, must conceive of the differences in players’ skills and managers’ knowledge of game strategy as one of the primary factors in establishing a platform founded in fair competition. Therefore, this paper calls for a radical change of attitude toward or a radical approach to fair competition among European sport fans, policy-makers, and administrators. (shrink)

When the assertion that some agent is exploiting a person connotes that the exploitation is morally wrong, what is this wrong? Some maintain that exploitation need not involve unfair division of advantages, but instead is essentially domination for self-enrichment. This essay denies this claim and upholds the idea that exploitation claims concern unfair distribution. Some maintain that the hypothetical fully competitive market exchange price can serve, at least in some contexts, as the standard for assessing whether voluntary interaction is exploitative. (...) This essay denies that the idea of the fully competitive market price can serve in this role. Nor should we accept a pure luck egalitarian claim that would identify fair distribution with the outcome of ideally competitive markets proceeding from fair initial distribution. (shrink)

This essay takes competitive aeromodelling as a test case for certain contentious issues in philosophy of sport. More specifically, I look at the challenge it presents to prevailing ideas of what properly counts as ?sport?, which in turn have their source in other, more basic or deep-rooted preconceptions. Among them are a range of ?common-sense? beliefs about the properly (naturally) human, the mind/body relationship, the role (if any) of scientific-technological innovation as a means of performance enhancement, and ? most (...) fundamentally ? the distinction between nature and culture in so far as it bears on these questions. My approach is broadly deconstructionist in taking them as genuine questions and in pressing hard on those unresolved problems thrown up by any attempt to secure a definition of ?sport? that would pre-emptively exclude any kind of advanced technological adjunct (or Derridean ?supplement?) that seemed to lead outside and beyond the realm of ?natural? human powers, capacities and skills. On the other hand I acknowledge ? as against ?strong?-conventionalist (e.g. Wittgensteinian) approaches ? that the category ?sport? cannot be relativised or culturally contextualised to the point where it loses all determinate sense or normative significance. My main purpose here is to assess various claims and counter-claims by running them past a fairly detailed account of competitive aeromodelling ? or one particular branch thereof ? and the kinds of difficulty it creates not only for conservative, essentialist or naturalising definitions but also for that other reactive trend towards all-out cultural-relativist or social-constructivist doctrines. In addition, though far from incidentally, I want to make the case that this is indeed a sport on any reasonable, fair, or adequately informed reckoning and that its recognition as such might help to clarify certain obscure corners of current philosophical thinking about these issues. (shrink)

Now more than ever it is clear that the global economy needs to be assessed and governed from a moral point of view. Such moral assessment can, however, come in at least two quite different forms. Political philosophers have tended to focus on a range of issues (e.g. poverty, human rights, or general distributive justice) whose basic moral importance is “external” to and wholly independent of how the global economy is socially organized. The result has been relative neglect of a (...) quite different class of “internal” moral issues, which do in various ways depend on the complex legal and social relations that now organize the global economic scene. These include a dizzying array of politically important but poorly understood fairness concerns—concerns such as “non-discrimination,” “special and differential treatment,” “fair trade,” “fair play,” “fair competition,” “level playing fields,” “equitable growth,” “fair wages,” and “exploitation.” My aim in this discussion is to suggest a framework for understanding how several such fairness notions might be systematically connected and have an internal rather than external character. Specifically, I suggest that the content and internal nature of several such fairness notions can be explicated in terms of a more fundamental idea of “structural equity.” From the point of view of political philosophy, the issue turns on the sorts of principles that might ground moral assessment of the global economy. External principles are justified and apply quite independently of what the global economy and its social organization happens to be like. Humanitarian principles are a natural example: in asking whether or not the current global economy is set up so as to bring as many people as possible out of poverty, the assumed goal of poverty reduction can be seen as important and morally necessary quite independently of how the global economy is institutionally organized, and indeed independently of its very existence. Internal principles, by contrast, are not justified, and do not apply, independently of the global economy and its organizing institutions.. (shrink)

This paper is based on the work of Pierre de Coubertin and his view of Olympism. It deals with Coubertin's distinction between two kinds of sport: Olympic sport and world championship sport. I shall examine these two possibilities with respect both to education through sport and to how one lives one's life, and I shall show the necessity of choosing between them, with reference to Coubertin's closing remarks in his speech at the 1925 Olympic Congress in Prague: ?Fair or (...) temple ? sportsmen must make their choice; they cannot expect to frequent both one and the other ? let them choose!? (Coubertin 2000f, 559). I shall address the topic of the choice between these two kinds of sport through the two metaphors in the above quotation: ?fair?, in the sense of a market, or in ancient Greek agora; and ?temple?. Since this is also a choice of the way one lives one's life, the ideas will be worked out from within the philosophy of existence, particularly from the work of Jan Pato?ka, who develops the idea of different ?movements of human existence? in connection with different overall life directions that one might follow. The notion of ?fair? (or agora) is characterised by a human being's following of the prevailing patterns, norms and aims prescribed by society, without much reflection upon his or her individual aims and attitudes. It is described in Heideggerian terms as inauthenticity and in Pato?ka's idea of the second life movement, which is characterised by work, struggle, competition, comparisons, endless striving and self-assertion. Within sport, this is represented by wanting to win at all costs, lack of respect, self-promotion and striving for rewards. The notion of ?temple? is contrasted with the above mentioned character of the fair and is related to a certain clarity about one's existence and striving, one's doing and thinking, as described in Pato?ka's third movement of existence. Within the context of sport this is instantiated as a kind of self-development based on self-understanding and critical reflection, and it is illustrated by Olympism and Olympic sport. (shrink)

In this paper I discuss a new conception that has arrived relatively recently on the scene, in the context of the debate over the inclusion of transwomen (hereafter TW) in female sport. That conception is ‘Meaningful Competition’ (hereafter MC) – a term used by some of those who advocate for the inclusion of TW in female sport if and only if they reduce their testosterone levels. I will argue that MC is not fair. I understand MC as a (...) substitute concept, as an attempt to substitute for the perfectly serviceable concept of fair competition. It is an attempt at conceptual engineering that should be resisted. This is important because some International Federations have accepted MC as good coin, and the underlying theory of MC, which I explicate for the first time, underpins the stance taken by the IOC (International Olympic Committee) in its Framework Document. To establish that the inclusion of TW in female sport meets the criteria of MC in the sense I explicate here, does not show that the inclusion of TW in female sport is fair. Such inclusion is not fair, and the proper currency of sport is fair competition. ‘Meaningful Competition’, on the other hand, is a snare and a delusion. (shrink)

There can be no doubt that Brian Barry has made an enormous contribution to the clarification of the ideas of justice current in contemporary political thought. In Barry’s Justice as Impartiality he explicitly distinguishes and sets in competition three models of justice: justice as mutual advantage; justice as reciprocity; and justice as impartiality, and he argues that we should prefer the last of these. What I want to do here is to consider four questions. First, what is this (...) competition a competition about? Second, has Barry adequately characterised the contenders? Third, can the competition be won on the grounds Barry suggests? Fourth, is it a competition that we should want to be won by a single theory? By contrast I want to argue that there are advantages in retaining a pluralist perspective in which all three approaches remain in play. (shrink)

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

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

Fair equality of opportunity, a principle that governs the competition for desirable jobs, can seem irrelevant in our actual world, for two reasons. First, parents have broad liberty to raise their children as they see fit, which seems to undermine the fair equality of opportunity–based commitment to eliminating the effects of social circumstances on that competition. Second, we already have a well-established principle for distributing jobs, namely meritocracy, thereby leaving no theater in which fair equality (...) of opportunity can operate. I argue that we can solve both of these problems by conceding, in contrast to previous fair equality of opportunity defenders, that there’s no unique good associated with the right job, while insisting that there is a unique bad associated with the wrong job and holding that fair equality of opportunity should govern the competition to avoid that bad by attaining the right job. This move enables new responses to the two problems previously mentioned. In response to the meritocracy problem, I propose simply accepting that that principle should guide the distribution of jobs and all the associated goods while maintaining that there is room for a separate, non-consequentialist principle whose function is to ensure a fair distribution of chances to avoid the unique bad just identified. In response to the parental liberty problem, I argue that, for any given person, which job will deliver the unique bad I identify is contingent on her skills, and therefore, the way she is raised determines what would constitute a bad employment outcome for her, but doesn’t affect her chances of avoiding that outcome. (shrink)

Ensuring fairness is a capital issue in any sporting competition. However, fairness is a complex concept. We seek here to offer an analysis of the construction and upholding of fairness within comp...

The principle of fair equality of opportunity is regularly used to justify social policies, both in the philosophical literature and in public discourse. However, too often commentators fail to make explicit just what they take the principle to say. A principle of fair equality of opportunity does not say anything at all until certain variables are filled in. I want to draw attention to two variables, timing and currency. I argue that once we identify the few plausible ways (...) we have at our disposal for filling in those variables, it will become apparent that a reasonable version of the principle will be quite narrow. Its usefulness as a justificatory basis for social policies will be limited to those policies that target the distribution of competitive opportunities among people entering majority. (shrink)

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

Fair competition law and public health law talk past each other when discussing pharmaceutical pricing and distribution. The former cannot agree on the relevant definition of consumer welfare. The latter does not fully comprehend the highly complex but inherently collective nature of pharmaceutical drug acquisition in the United States. This essay proposes to inject public health discourse into this debate to enrich it, focus it, and render it more accessible to those who must live by its outcome.

In this article, I first address the ethical considerations about football and show that a meritocratic-fairness view of sports fails to capture the phenomenon of football. Fairness of result is not at centre stage in football. Football is about the drama, about the tension and the emotions it provokes. This moves us to the realm of aesthetics. I reject the idea of the aesthetics of football as the disinterested aesthetic appreciation, which traditionally has been deemed central to aesthetics. Instead, I (...) argue that we should try and develop an agon aesthetics where our aesthetic appreciation is understood as involving and being embedded in our engagement in the game. The drama of football is staged but not scripted. The aesthetics of competitions like football matches—the agon aesthetics—lies in engaging in the conflict that a competition is, while being aware that the conflict is not over ordinary world or everyday life issues, but unnecessary and invented for the very purpose of having a conflict to enjoy. (shrink)

The article considers a surprisingly resilient argument, going back to Adam Smith, for the fairness of proportionate taxation: that proportionate taxation represents the fair way to divide the surplus value produced by social cooperation among all of society's members. The article considers two recent variants on that argument, one by Richard Epstein in Takings and one by David Gauthier in Morals by Agreement. It concludes that the normative and empirical assumptions that underlie these, and all other variants, of the (...) argument are so implausible as to suggest the argument cannot be taken seriously as a defense of proportionate taxation. The article concludes by considering other possible explanations for the enduring attraction of proportionate taxation for political philosophers, particularly those with libertarian and quasi-libertarian leanings. Footnotes I am grateful to participants in faculty workshops at Vanderbilt, NYU, Virginia and Stanford Law Schools and the Qunnipiac College School of Law Conference on Law and Philosophy, as well as the anonymous outside readers for this journal, for their very helpful comments on earlier drafts. (shrink)

Cosmopolitans hold that our duties of distributive justice to others do not stop at borders. Darrel Moellendorf is among those who defend the view that principles of distributive justice are applicable beyond borders. He suggests as a principle of international justice the global difference principle, which allows inequalities in the distribution of wealth and resources only if they are to the greatest advantage of the least advantaged individuals. In this paper, I try to indicate that Moellendorf’s argument for the global (...) difference principle is far from sustaining it. Instead, I argue for a minimum floor principle of distributive justice on the basis of the idea that each person ought to have an equal standard of living with respect to the fulfillment of their basic interests. I also propose the principle of contribution backed up by the principle of fair equality of opportunity, aiming to equalize background conditions of a competition for socially favored positions, as the basic principles of a complete account of global distributive justice.Kozmopolitanisti drže da se naše dužnosti distributivne pravednosti prema drugima ne zaustavljaju na granicama. Darrel Moellendorf je među onima koji brane gledište da su načela distributivne pravednosti primjenjiva s onu stranu granica. Kao načelo međunarodne pravednosti on predlaže globalno načelo razlike, koje nejednakosti u raspodjeli bogatstva i resursâ dopušta samo ako su one u najveću korist najlošije stojećih individua. U ovome članku pokušavam pokazati da Moellendorfov argument u prilog globalnog načela razlike to načelo nimalo ne potkrepljuje. Umjesto toga argumentiram u prilog načela distributivne pravednosti minimalne razine na osnovi zamisli da bi svaka osoba trebala imati jednaki standard življenja s obzirom na ispunjenje njezinih osnovnih interesa. Ujedno kao osnovna načela potpunog opisa globalne distributivne pravednosti predlažem načelo doprinosa poduprto načelom pravične jednakosti mogućnosti, koje stremi izjednačavanju pozadinskih uvjeta natjecanja za društveno favorizirane pozicije. (shrink)

Donald Mackinnon; Equality of Opportunity as Fair and Open Competition, Journal of Philosophy of Education, Volume 20, Issue 1, 30 May 2006, Pages 69–71, https.

In his latest paper, Loland1 tackles the question of whether athletes with differences of sexual development may compete in the women’s division. The topic is one of the most complex in sport and, as such, is fraught with debate. On one hand, the higher testosterone levels of athletes with DSD means they have an unfair performance advantage over their female competitors. On the other hand, it is argued that women with DSD should be able to compete in the gender division (...) with which they identify, especially as many will have been raised with a clear gender identity. Loland uses the Rawlsian notion of ‘fair equality of opportunity’ in which individuals with similar talents and ambitions should have roughly equivalent prospects for competitive success. For example, in most situations in society, one’s age, biological sex, ethnic and religious background, colour of skin, or sexual orientation are irrelevant to whether an individual should be given a job or is eligible for social welfare. In addition to being irrelevant, these factors are also stable—they are inequalities that ‘individuals cannot control or impact in any significant way’.1 However, Loland recognises that some stable inequalities, such as biological sex and body size, are relevant to FEO in sport. For example, a featherweight boxer may have similar talents and …. (shrink)

Donald Mackinnon; Equality of Opportunity as Fair and Open Competition, Journal of Philosophy of Education, Volume 20, Issue 1, 30 May 2006, Pages 69–71, https.

From the time of the Eastern Han dynasty [A.D. 23-220] onward, Buddhism gradually became a very important ideological tool for the feudal landlord class in China in their establishing their rule over the country. Although Buddhism had its roots in India and was transmitted to China in the form of seeds of ideas, it found even more fertile soil in China and grew into a tall and leafy tree with a stout trunk, casting its protective shadow over the entire (...) Chinese system of feudalism. In the age of feudalism in China, the political power of Buddhism was constantly in competition with that of the Daoist religion in areas populated by the Han people, and there was quite an ebb and flow. However, it is fair to say that in terms of ideological and cultural influence Buddhism enjoyed a great advantage. Naturally, the other imported religions and/or regional religions, which were by and large even weaker than the Daoist religion, were even less of a match for Buddhism. Nevertheless, in terms of China's historical conditions, owing to intermittent class conflict — primarily the revolutionary peasant wars, to a powerful despotic system of concentration of political power and to the conflict of practical interests between secular landlords and monastic landlords — monastic orders who controlled land on the basis of the monastery economy, and also owing to the traditionally powerful influence of Confucianist orthodoxy — all these factors combined to wage war against religion and theology. As a result, the development of Buddhism was greatly hindered, and, unlike the religions of Europe and other Asian countries, it was unable to place religious authority over and above secular political authority or to achieve an absolute monopoly over the realm of ideology and culture. In China, no matter how brightly the star of Buddhism shone and how great and compelling its power and prestige came to be, it still nonetheless always huddled up at the feet of the feudalistic monarchy and was never able to take the place of the orthodoxy of Confucianism. Still, it was indispensable as a supplementary tool of government. (shrink)

This volume explores various aspects of risk taking. It offers an analysis of financial, entrepreneurial and social risks, as well as a discussion of the ethical implications of empirical findings. The main issues examined in the book are the financial crisis and its implications for business ethics. The book discusses unethical behaviour as a reputational risk (e.g., in the case of Goldman Sachs) and the question is raised as to what extent the financial crisis has changed the banks’ entrepreneurial strategy. (...) The book presents an analysis of the reasons leading to the crisis and identifies them as ethical dilemma structures. In addition, it looks at general questions regarding ethical behaviour and risk taking, such as: To what extent does the social embeddedness or abstraction play a role in guaranteeing ethical behaviour? What conclusions can be drawn from institutional or evolutionary perspectives on risk management? Finally, the book discusses further issues that become factors of risk within and between societies, such as work insecurity, corruption or the problem of facilitation payments as a risk in international transactions. (shrink)

ABSTRACT In this paper I attempt to show that our commonly shared ideas of justice, which include principles of fair distribution and of compensation for past injustices, tend to come into conflict in practice, and generate serious dilemmas for persons in certain positions of authority, such as managers. I identify the source and nature of such dilemmas, and sketch a rough pattern for analysing and partially resolving conflicts between the duty not to discriminate unfairly and the duty to (...) compensate for past unfair discrimination. After stating what I regard as widely shared ideas of justice, I emphasise their application to actual policy decisions of the small‐scale sort, using general precepts for avoiding or minimising conflicts. The precepts include a commitment to the priority of compensatory justice. The paper includes theoretical portions, principally defences of my position against other views on the relationship between compensation and fair distribution. I end with an examination of the virtues and limitations of money as a tool for compensatory social policies. (shrink)

The paper examines a specific approach to the idea of the just price. The approach takes its cue from a basic insight about the nature of exchange, namely, that the latter occurs when both parties to the exchange stand to gain something from it. The distributive question that arises from this observation is how, or according to which principle, we ought to divide such gains. The paper rejects two intuitive answers. The first is that the just price is that at (...) which the gains from exchange are equally distributed between the parties. The second is that the just price is the price at which the party that is worse off prior to the transaction gains as much as possible from it. The problem with the former is that it condones exploitation when one of the two parties is vulnerable. The problem with the latter is that it cannot be plausibly generalized to all transactions. The paper then offers a novel alternative that both preserves the intuitive appeal of the approaches that have been criticized and is able to avoid their weaknesses. This can be achieved by accepting an eclectic distributional ethic with a sufficientarian core. (shrink)

Healthcare package decisions are complex. Different judgements about effectiveness, cost-effectiveness and disease burden influence the decision-making process. Moreover, different concepts of justice generate different ideas about fair distribution of healthcare resources. This paper presents a decision model that is used in medical school in order to familiarise medical students with the different concepts of justice and the ethical dimension of making concrete choices. The model is based on the four-stage decision model developed in the Netherlands by the Dunning (...) Committee and the discussion that followed its presentation in 1991. Having to deal with 10 medical services, students working with the model learn to discern and integrate four different ideas of distributive justice that are integrated in a flow chart: libertarian, communitarian, egalitarian and utilitarian. (shrink)

In this paper, we challenge the usual argument which says that competition is a fair mechanism because it ranks individuals according to their relative preferences between effort and leisure. This argument, we claim, is very insufficient as a justification of fairness in competition, and we show that it does not stand up to scrutiny once various dynamic aspects of competition are taken into account. Once the sequential unfolding of competition is taken into account, competition (...) turns out to be unfair even if the usual fairness argument is upheld. We distinguish between two notions of fairness, which we call U-fairness, where ‘U’ stands for the ‘usual’ fairness notion, and S-fairness, where ‘S’ stands for the ‘sequential’ aspect of competition. The sequential unfairness of competition, we argue, comprises two usually neglected aspects connected with losses of freedom: first of all, there is an ‘eclipse’ of preferences in the sense that even perfectly calculating competitors do not carry out a trade-off between effort and ranking; and second, competitive dynamics leads to single-mindedness because the constraints on the competitors’ choices always operate in the sense of increased competitiveness and, therefore, in the direction of an increased effort requirements. We argue (1) that competition is S-unfair even if it is U-fair, (2) that as S-unfairness increases, the ethical relevance of U-fairness itself vanishes, so that (3) by focusing as they usually do on U-fairness alone, economists neglect a deeper aspect of unfairness. (shrink)

In this paper, we challenge the usual argument which says that competition is a fair mechanism because it ranks individuals according to their relative preferences between effort and leisure. This argument, we claim, is very insufficient as a justification of fairness in competition, and we show that it does not stand up to scrutiny once various dynamic aspects of competition are taken into account. Once the sequential unfolding of competition is taken into account, competition (...) turns out to be unfair even if the usual fairness argument is upheld. We distinguish between two notions of fairness, which we call U-fairness, where 'U' stands for the 'usual' fairness notion, and S-fairness, where 'S' stands for the 'sequential' aspect of competition. The sequential unfairness of competition, we argue, comprises two usually neglected aspects connected with losses of freedom: first of all, there is an 'eclipse' of preferences in the sense that even perfectly calculating competitors do not carry out a trade-off between effort and ranking; and second, competitive dynamics leads to single-mindedness because the constraints on the competitors' choices always operate in the sense of increased competitiveness and, therefore, in the direction of an increased effort requirements. We argue (1) that competition is S-unfair even if it is U-fair, (2) that as S-unfairness increases, the ethical relevance of U-fairness itself vanishes, so that (3) by focusing as they usually do on U-fairness alone, economists neglect a deeper aspect of unfairness. (shrink)

Argues that outdated institutional structures and higher educational philosophies are negatively contrasting with significant changes in today's faculties and student bodies with a result that higher education is more competitive and less ...

Causation has traditionally been analyzed either as a relation of nomic dependence or as a relation of counterfactual dependence. I argue for a third program, a physicalistic reduction of the causal relation to one of energy-momentum transference in the technical sense of physics. This physicalistic analysis is argued to have the virtues of easily handling the standard counterexamples to the nomic and counterfactual analyses, offering a plausible epistemology for our knowledge of causes, and elucidating the nature of the relation between (...) causation and physical science. (shrink)

Hume offers two ways of reconciling the partiality of people’s feelings with the generality of moral thinking. First, the general point of view in moral evaluation is not that of a disinterested observer, but of another person who has a close relationship with the person to be judged. Here I find something analogous to the idea of Nel Noddings, who attempts to build an ethical theory on the basis of caring relationships. Second, according to Hume, the generality of the rules (...) of justice is also compatible with partial feelings. Such rules allow everyone to pursue his or her goals without fear of violent intervention from others. My idea is that these rules are comparable to those of a competitive game. The idea of fair competition is not necessarily alien to Noddings’ type of ethical theory. As children, human beings normally learn to be fair in competitive games, along with caring for family members and friends. An ethical ideal of fairness may develop through competitions and help people get along with others beyond narrow circles. Taking into account of the competitive elements in relationship between people will be helpful in giving a fuller picture of a broadly Humean, sentimentalist ethical theory. (shrink)

In his main work, The Science of Legislation , the Neapolitan Gaetano Filangieri proposed a set of extensive political and cultural reforms. These reforms were necessary to free eighteenth-century societies from the remnants of feudal institutions that obstructed international peace and economic growth. Filangieri's ideas were shaped by the international political climate between the seven Years’ War and the eve of the French Revolution. Reinterpreting Montesquieu and Genovesi through the influences of French radical and Enlightenment thought , as well (...) as the economics of Hume, Verri and the Physiocrats, he concluded that European modernity was inherently contradictory.From this perspective Filangieri set out to force a clean break between the technical horizons of mercantilism and enlightened absolutism and a society based on civil rights, a fair distribution of wealth and resources, and free trade. Proper ‘scientific’ knowledge of the rules and principles of legislation would allow governments to balance out the natural and cultural factors that characterise individual states, and to identify the appropriate model for social and economic development. If all states acted on their proper interest, international free trade and peaceful competition between states would emerge and the potential for general economic growth be materialised. Thus, the natural equilibrium and ‘universal consensus’ among nations could be restored. (shrink)

All research is immersed in the competition for knowledge, but this is not always governed by fairness. In this opinion article, I elaborate on indicators of unfairness to be found in both evaluation guides and evaluation panels, and I spontaneously offer a number of rules of thumb meant to keep it at bay. Although they are explicitly offered to the Portuguese Foundation for Science and Technology (FCT) and in particular to the evaluation panel for Philosophy, Ethics and Religion of (...) FCT's fifth edition of their Individual Call to Scientific Employment Stimulus, here used as concrete illustrations of unfairness, my rules of thumb are guaranteed to promote fairness in the competition for knowledge in general. (shrink)