Many have argued that individuals should receive income in proportion to their contribution to society. Others have believed that it would be fairer if people received income in proportion to the effort they expend in so contributing, since people have much greater control over their level of effort than their productivity. I argue that those who believe this are normally also committed, despite appearances, to increasing the social product — which undermines any sharp distinction between effort- and productivity-based distributive proposals. (...) However, effort-based proposals do emphasise more the importance of people having control over factors affecting their income. The second set of problems I consider is how to implement policies which hold true to this emphasis. I show that there are major problems with the accuracy of using any objective criteria to measure the level of effort a person is expending. Moreover, once any such criteria are employed the problem of ‘moral hazard’arises because people modify their behaviour in such a way as to maximise their income while minimising their effort. This violates the original motivation for using effort. Because of this and other empirical considerations, I argue that productivity may well be a better criterion on which to distribute income even if one is motivated by the same concerns which have prompted effort-based proposals. (shrink)

Matt Zwolinski argues that libertarians “should see the Basic Income Guarantee (BIG)—a guarantee that all members will receive income regardless of why they need it—as an essential part of an ideally just libertarian system.” He regards the satisfaction of a Lockean proviso—a stipulation that individuals may not be rendered relevantly worse off by the uses and appropriations of private property—as a necessary condition for a private property system’s being just. BIG is to be justified precisely because it prevents proviso violations. (...) We deem Zwolinski’s argument a “Direct Proviso-Based Argument” for BIG. We argue that because this sort of argument for the BIG is in tension with other principles libertarians within the Lockean tradition hold dear, specifically prohibitions on seizing legitimately held property and forcing individuals to labor, the Direct Proviso-Based Argument fails. (shrink)

In this paper I shall explain what I take to be the nature of justice; and the method which I shall follow is that of attempting to infer the essential nature of justice from an examination of its actual practical operation. Perhaps the reader will be able to follow the drift of the argument more easily, and be more on his guard against possible misstatements of fact or erroneous inferences, if I mention at the outset the main conclusions to which (...) I hope to lead him. (shrink)

In this article, the author diagnoses the cause of Rand's problematic position on intellectual property. He argues that Rand treats credit as a very thick concept. Rand sees crediting a person with inventing something as granting that person a right to the money embodied in the invention, its sale, and the profits related to licensing reproduction. The author shows that this thick notion of credit leads Rand to make several questionable claims in her arguments for intellectual property rights.

Eric Mack defends a version of John Locke’s proviso. Mack applies his proviso to original appropriations, uses, and systems of private property. His proviso precludes severely disabling the world-interactive powers of others. Mack specifically warns against using concrete features of the natural world as a baseline for determine whether the proviso has been violated. While his proviso is plausible, I argue that he cannot. eschew employing the receptivity of the natural, unowned world to the extent that he suggests. We cannot (...) determine whether one’s powers are disabled or diminished without knowing how receptive the world would be to those powers had a system of private property not arisen. The upshot of this paper is that the requirements of a well-formulated proviso is an empirical matter. (shrink)

1. Aim and Scope of this Paper.—In this paper I shall try to show that “duty” derives its significance from its relation to “interest,” and that the former concept cannot be understood when taken apart from its relation to the latter. Such a doctrine is, I am aware, rejected by some contemporary philosophers; and I shall, I trust, make it sufficiently clear in the sequel why I am unable to accept their view.I am not, however, concerned primarily with criticism of (...) other theories. This paper represents an attempt to interpret a particular province of “the common moral consciousness” and to elicit the principles there implied. I begin by accepting the view that, like natural science, ethics has its data, and that it is the business of ethics to interpret these data which are the contents of the “moral consciousness.” In Section A I discuss various methods which may be used for the discovery of the relevant data, and suggest that initial enquiries can most fruitfully be pursued in the field of law and custom. In Section B I undertake an analysis of the principles of the law relating to promise-keeping. As a result of what is there found, it becomes necessary, in Section C, to discuss the nature of rights and their relation to interests, and, in Section D, the nature of duties and their relation to rights. (shrink)

“Nation” and “nationalism” are not easily defined; mainly, perhaps, because these words, as popularly used, do not have precise meanings. A nation may mean: A people living under a common government,—as when we speak of British or French “nationals"; or A people with a common racial inheritance—the Jews; or A people, inhabiting a certain tract of the earth's surface, with generally common sentiments and habits of thinking, though possibly of mixed race, and part of a wider political society—the English, as (...) distinguished from the Scottish, or Irish, nation. (shrink)

Philosophy is very largely concerned with speculation upon problems of a highly abstract character, but some of the questions with which it deals have important practical aspects; and I think that social philosophy occupies—and rightly occupies—a dominant place in contemporary thought. If post-war policies are to render more secure the lives, the liberties and the happiness of mankind, they must be based upon sound principles; and it is with the intention of throwing certain of these principles into bold relief that (...) I have ventured to choose the realm of politics and culture as the subject of these reflections. (shrink)

Gordon Barnes accuses Robert Nozick and Eric Mack of neglecting, in two ways, the practical, empirical questions relevant to justice in the real world.1 He thinks these omissions show that the argument behind the Wilt Chamberlain example—which Nozick famously made in his seminal Anarchy, State, and Utopia—fails. As a result, he suggests that libertarians should concede that this argument fails. In this article, we show that Barnes’s key arguments hinge on misunderstandings of, or failures to notice, key aspects of the (...) entitlement theory that undergirds Nozick’s and Mack’s work. Once the theory is properly understood, Barnes’s challenges fail to undermine the Chamberlain example, in particular, and the entitlement theory, in general. (shrink)

Jennifer Bird-Pollan has recently argued that Nozickians are wrong to oppose the estate tax. Promising to argue from within the Nozickian framework, she presses the fundamental point that the estate tax does not violate anyone’s rights: neither the deceased nor their would-be heirs can claim a right to any holdings subject to the estate tax. This paper shows that Bird-Pollan’s discussion fails on three fronts. First, she frequently misinterprets Nozick, and thus does not defend the estate tax from a Nozickian (...) perspective. Second, even if Bird-Pollan is correct in denying that the deceased and their potential heirs have a right to the holdings in question, it does not follow that the estate tax is licit, because Nozickians can oppose it on other grounds. For example, Nozickians may hold that the enforcement of the estate tax will violate other rights people have. The government’s preemptive claims to holdings subject to estate taxes, along with the force required to enforce those claims, are unjustified. The crucial premise motivating these conclusions is the Nozickian denial that our current state possesses the authority to enforce the estate tax. This is the third front on which Bird-Pollan’s argument fails: she must show that Nozickians ought to believe government has the moral authority to enforce the estate tax, yet she makes no effort to do so. (shrink)

The concept of cultural capital has been increasingly used in American sociology to study the impact of cultural reproduction on social reproduction. However, much confusion surrounds this concept. In this essay, we disentangle Bourdieu and Passeron's original work on cultural capital, specifying the theoretical roles cultural capital plays in their model, and the various types of high status signals they are concerned with. We expand on their work by proposing a new definition of cultural capital which focuses on cultural and (...) social exclusion. We note a number of theoretical ambiguities and gaps in the original model, as well as specific methodological problems. In the second section, we shift our attention to the American literature on cultural capital. We discuss its assumptions and compare it with the original work. We also propose a research agenda which focuses on social and cultural selection and decouples cultural capital from the French context in which it was originally conceived to take into consideration the distinctive features of American culture. This agenda consists in 1) assessing the relevance of the concept of legitimate culture in the U.S.; 2) documenting the distinctive American repertoire of high status cultural signals; and 3) analyzing how cultural capital is turned into profits in America. (shrink)

Epistemological differences fuel continuous and frequently divisive debates in the social sciences and the humanities. Sociologists have yet to consider how such differences affect peer evaluation. The empirical literature has studied distributive fairness, but neglected how epistemological differences affect perception of fairness in decision making. The normative literature suggests that evaluators should overcome their epistemological differences by ‘‘translating’’ their preferred standards into general criteria of evaluation. However, little is known about how procedural fairness actually operates. Drawing on eighty-one interviews with (...) panelists serving on five multidisciplinary fellowship competitions in the social sciences and the humanities, we show that Evaluators generally draw on four epistemological styles to make arguments in favor of and against proposals. These are the constructivist, comprehensive, positivist, and utilitarian styles; and Peer reviewers define a fair decision-making process as one in which panelists engage in ‘‘cognitive contextualization,’’ that is, use epistemological styles most appropriate to the field or discipline of the proposal under review. (shrink)

Essays on Philosophy, Politics, & Economics offers a critical examination of economic, philosophical, and political notions, with an eye towards working across all three, so that students and scholars from can expand their perspectives as ...

Psychologists have studied paranormal belief for over a century, but have been concerned with belief in the paranormal rather than disbelief. However, disbelief in the paranormal is a position in its own right and, for many, by no means a self-evident position. An avowal of disbelief is, therefore, a social phenomenon that may involve some interesting discursive work. This article examines the discourse of self-ascribed ‘sceptics’, and analyses how they warrant their expressed position when faced with an ostensibly paranormal event (...) for which they cannot provide a ‘normal’ explanation. We show how, for example, through the use of ‘definitely/something’ constructions, they appeal to an explanation that exists in principle, though the details are not available to them. Such devices can be seen as social and discursive forms of belief maintenance, in that they are designed to maintain a social position established through an avowal of belief. (shrink)

Marxists claim capitalists unjustly exploit workers, and this exploitation is to show that workers ought to hold more than they do. This paper presents two accounts of exploitation. The Theft Account claims that capitalists steal some of the value to which workers are entitled. The Underpayment Account holds that capitalists are not entitled to pay workers as little as they do, even if the workers are not entitled to the full value they produce. This paper argues that only the Theft (...) Account can explain why workers ought to hold more than they do. The Underpayment Account cannot yield this conclusion. The Theft Account is superior to the Underpayment Account insofar as exploitation is to be an injustice—a wrong that requires the exploited party to hold more. (shrink)

Luck egalitarianism is a fairly prominent theory of justice. While there are many versions of LE, they all agree that, at least to some extent, it is unjust for individuals to lose the opportunity for welfare at least when that loss occurs through no fault of the individual’s own. Many writers take LE to have direct political implications; they write as if the truth of LE entails that resources should be taken from some – perhaps those who enjoy lots of (...) unearned welfare – and delivered to those who suffer through no fault of their own. I argue that luck egalitarians should refocus their thinking on what I call a “Systemic Model” of compensation. This model holds that what matters most to offsetting bad brute luck is that individuals have opportunities to make up for losses of welfare and political systems should be designed to prevent some individuals from capturing resources in a manner that frustrates the ability of others to offset their own losses due to unearned bad luck and political systems should aim to maximize the opportunities individuals have to make up for their own bad luck. (shrink)

: Fabian Wendt proposes combining libertarian foundations with a proviso that requires a just system of private property to ensure that everyone has a sufficient amount of resources to pursue projects. He calls this proviso a sufficiency proviso. This proviso is said to have advantages over all rival provisos “because it better coheres with the […].

Karl Widerquist has recently argued that libertarians face two dilemmas. The first dilemma arises because, contrary to what Widerquist takes libertarians to suggest, there is no conceptual link between robust property rights and the libertarian state. Private property rights can legitimately yield non-libertarian states. Libertarians must thus remain committed either to robust property rights or the libertarian state. I call this the ‘Conceptual Dilemma’. The second dilemma is empirical in nature. Libertarians can try to undermine state property rights by showing (...) that the means by which all present states came to have their property was unjust. However, doing so would presumably undermine almost all the property claims of private individuals. So the dilemma is that libertarians can undermine state property rights only by undermining individual property rights, on the one hand. On the other, libertarians can vindicate private property rights of individuals only by vindicating state property rights. I call this the ‘Empirical Dilemma’. I attempt to defuse both of these dilemmas here. I argue that the Conceptual Dilemma relies on a misunderstanding of the libertarian’s commitments. In particular, I show that libertarians need not think robust property rights can yield states more extensive than Nozick’s minimal state. I then argue that Widerquist ignores libertarian scholarship aimed at meeting the Empirical Dilemma. Many libertarians have attempted to demonstrate that there are legitimate private property rights which are illegitimately disregarded by current states. The upshot of this discussion is that there are no genuine dilemmas posed by Widerquist’s ‘A Dilemma for Libertarians’. (shrink)

This volume of seminal and recent articles by philosophers in the distributive justice debate covers a range of representative positions, including libertarian, egalitarian, desert and welfare theories. The introduction and articles are designed to allow students and professionals to see some of the most influential pieces that have shaped the field, as well as some key critics of these positions. The articles intersect in such a way as to develop an appreciation of the types of theories and the central issues (...) addressed by theories of distributive justice. (shrink)

This integrative review aims to provide a synthesis of research findings of health-care professionals’ knowledge, attitudes and behaviours relating to patient capacity to consent to or refuse treatment within the general hospital setting. Search strategies included relevant health databases, hand searching of key journals, ‘snowballing’ and expert recommendations. The review identified various knowledge gaps and attitudinal dispositions of health-care professionals, which influence their behaviours and decision-making in relation to capacity to consent processes. The findings suggest that there is tension between (...) legal, ethical and professional standards relating to the assessment of capacity and consent within health care. Legislation and policy guidance concerning capacity assessment processes are lacking, and this may contribute to inconsistencies in practice. (shrink)

The paper corrects misrepresentations of Aquinas's understanding of divine simplicity, argues that the reasons he gives for divine simplicity are persuasive ones, and suggests how Aquinas's account of the Trinity can be used to explain how God can be said to exist necessarily. It gives an account of Aquinas's conception of form and individualised form, and shows how Plantinga's criticism of Aquinas's position on divine simplicity rests on a misunderstanding of Aquinas's notion of form. It describes and makes the case (...) for Aquinas's argument that God must be absolutely simply because he is the uncaused cause of all effects, and any real composition in things constitutes an effect. It shows that Brian Davies is mistaken in claiming that Aquinas does not hold God's existence to be logically necessary. It applies Frege's conception of existence to Aquinas's account of God's simplicity and his psychological analogy for the Trinity, in order to explain how God's existence can coherently be said to be logically necessary. (shrink)

Principles of distributive justice are normative principles designed to guide the allocation of the benefits and burdens of economic activity.

This article presents a remarkable cache of five Attic curse tablets, four of which are published here for the first time. Excavated in situ in a pyre-grave outside the Athenian Long Walls, the texts employ very similar versions of a single binding curse. After situating the cache in its archaeological context, all texts are edited with a full epigraphic commentary. A discussion then follows, in which the most striking features of the texts are highlighted: in addition to the peculiar “first (...) four-year period” that the curses were meant to outlast, and the unparalleled term κυνωτόν, these texts are unusual in that they preserve over a full line of dactylic hexameter. The metrical formulae, combined with the presence of deictic language, may suggest that parts of the archetype curse underpinning these texts once circulated orally, in performative ritual contexts. The cache affords a singular glimpse into the process of curse-creation around 400 BCE, especially the ways in which a curse-writer could customize a fixed template spell to suit a client’s needs and circumstances. These tablets illuminate the shadowy process behind the creation of Athenian curse tablets, and the growing traffic in “magic” by the end of the fifth century BCE. (shrink)

Given the growing centrality of interdisciplinarity to scientific research, gaining a better understanding of successful interdisciplinary collaborations has become imperative. Drawing on extensive case studies of nine research networks in the social, natural, and computational sciences, we propose a construct that captures the multidimensional character of such collaborations, that of a shared cognitive–emotional–interactional platform. We demonstrate its value as an integrative lens to examine markers of and conditions for successful interdisciplinary collaborations as defined by researchers involved in these groups. We (...) show that markers and conditions embody three different dimensions: cognitive, emotional, and interactional; these dimensions are present in all networks, albeit to different degrees; the dimensions are intertwined and mutually constitutive; and they operate in conjunction with institutional conditions created by funders. We compare the SCEI platforms to available frameworks for successful interdisciplinary work. (shrink)

From the ethics perspective, “duty of care” is a difficult and contested term, fraught with misconceptions and apparent misappropriations. However, it is a term that clinicians use frequently as they navigate COVID-19, somehow core to their understanding of themselves and their obligations, but with uncertainty as to how to translate or operationalize this in the context of a pandemic. This paper explores the “duty of care” from a legal perspective, distinguishes it from broader notions of duty on professional and personal (...) levels, and proposes a working taxonomy for practitioners to better understand the concept of “duty” in their response to COVID-19. (shrink)

In recent years, countries have begun to establish ministries of transitional justice as part of political transitions from authoritarianism to democracy or from conflict to peace. This may reflect a broader historical trend in the administration of TJ, which has evolved from isolated offices within a particular ministry to ad hoc cross-ministry coordinating bodies to the establishment of dedicated ministries. The reasons for the establishment of specific ministries to pursue TJ, what we call ministerialization, have not attracted scholarly attention. This (...) article explores the causes and likely consequences of this development. In particular, it applies international relations, comparative politics, and public policy theories to explain the phenomenon. Contrary to some TJ literature that is concerned about hegemonic transnational discourse, international actors have played little to no role in shaping how TJ is bureaucratically managed. Rather, based upon fieldwork in Solomon Islands and Tunisia, the article concludes that ministerialization has been the result of domestic policy entrepreneurship. For TJ ministries to become a norm, however, more transnational actors will need to be convinced of the benefits of such an institutional arrangement. (shrink)

The paper considers the objections to Christianity raised by David Lewis, which accuse Christians of immorality on the grounds of their worshipping a monstrous being who punishes finite evils by the infinite punishment of hell. It distinguishes between the objection that God is a monster because such punishment would be unjust, and the objection that even if damnation is just, God is a monster because he wills or allows the dreadful evil of hell by creating beings that can be justly (...) damned. It asserts that Aquinas’s defence of the traditional Christian doctrine of hell provides an answer to this objection. The traditional doctrine is that those who die having committed serious sins for which they have not repented will be punished by endless mental and physical suffering in hell. Aquinas argues that the endless punishment of the damned is just because the damned endlessly and freely choose evil, and that it is good because the punishment of impenitentsinners, while bad for the sinners, is good absolutely speaking. The basis for his claim that the damned freely choose evil forever is his understanding of practical reason as ultimately motivated by a choice of a particular kind of life to live, and his view that all motivations that are independent of practical reason have a physical basis. The basis for his claim that the punishment of the damned is a good thing absolutely considered is his teleological view of good and evil. The paper defends these bases and their application to the question of damnation. (shrink)

This book offers those who engage in college student research a framework, tool, or guide for understanding the role that theory plays in research. It is organized around five major questions which address the essence of theory, central tenants and concepts of prevailing theories, and insights for future research.