In spite of advances in medicine and public health, malaria and other mosquito‐borne diseases are on the rise worldwide. Although vaccines, genetically modified mosquitoes and safer insecticides are under development, herein we examine a promising new approach to malaria control through better repellents. Current repellents, usually based on DEET, inhibit host finding by impeding insect olfaction, but have significant drawbacks. We discuss how comparative genomics, using data from the Anopheles genome project, allows the rapid identification of members of three protein (...) classes critical to insect olfaction: odorant‐binding proteins, G‐protein‐coupled receptors, and odorant‐degrading enzymes. A rational design approach similar to that used by the pharmaceutical industry for drug development can then be applied to the development of products that interfere with mosquito olfaction. Such products have the potential to provide more complete, safer and longer lasting protection than conventional repellents, preventing disease transmission by interrupting the parasite life cycle. BioEssays 25:1011–1020, 2003. © 2003 Wiley Periodicals, Inc. (shrink)

The author defends the ancient claim that justice is at bottom a body of social conventions. Recent analytical and empirical concepts and results from the social sciences together with insights and arguments of past masters of moral and political philosophy are integrated into a new game-theoretic conventionalist analysis of justice.

Abstract Benefit sharing as envisaged by the 1992 Convention on Biological Diversity (CBD) is a relatively new idea in international law. Within the context of non-human biological resources, it aims to guarantee the conservation of biodiversity and its sustainable use by ensuring that its custodians are adequately rewarded for its preservation. Prior to the adoption of the CBD, access to biological resources was frequently regarded as a free-for-all. Bioprospectors were able to take resources out of their natural habitat and develop (...) commercial products without sharing benefits with states or local communities. This paper asks how CBD-style benefit-sharing fits into debates of justice. It is argued that the CBD is an example of a set of social rules designed to increase social utility. It is also argued that a common heritage of humankind principle with inbuilt benefit-sharing mechanisms would be preferable to assigning bureaucratic property rights to non-human biological resources. However, as long as the international economic order is characterized by serious distributive injustices, as reflected in the enormous poverty-related death toll in developing countries, any morally acceptable means toward redressing the balance in favor of the disadvantaged has to be welcomed. By legislating for a system of justice-in-exchange covering nonhuman biological resources in preference to a free-for-all situation, the CBD provides a small step forward in redressing the distributive justice balance. It therefore presents just legislation sensitive to the international relations context in the 21st century. (shrink)

For more than twenty years, Peter Vanderschraaf’s work has combined rigorous game-theoretic analysis, innovative use of (social) scientific method, and normative analysis in the context of the social contract. Vanderschraaf’s work has influenced a significant interdisciplinary field of study and culminated in the publication of his book, Strategic Justice: Convention and Problems of Balancing Divergent Interests (OUP, 2019). Building upon his previous work, Vanderschraaf developed a new theory of justice (justice-as-convention) that, despite a mutual advantage approach, considers (...) the most vulnerable members of society and defends the egalitarian bargaining solution. To advance his theory, Vanderschraaf proposes an account of conventions that updates and systematizes David Lewis’s account of conventions, drawing on contemporary developments in game theory and economics. This topical collection brings together game theorists, philosophers, economists, and political scientists to discuss themes from Vanderschraaf’s work. The collection bridges a gap among disjoint but closely related literatures in game theory, bargaining theory, formal philosophy, rationality, equality, justice, and the social contract in order to advance dialogue among scholars in this rich and growing field of study. (shrink)

Hume and contemporary Humeans contend that moral sentiments form the sole and sufficient basis of moral judgments. This thesis is criticised by appeal to Hume’s theory of justice, which shows that basic principles of justice are required to form and to maintain society, which is indispensable to human life, and that acting according to, or violating, these principles is right, or wrong, regardless of anyone’s sentiments, motives or character. Furthermore, Hume’s theory of justice shows how the principles (...) of justice are artificial without being arbitrary. In this regard, Hume’s theory belongs to the unjustly neglected modern natural law tradition. Some key merits of this strand in Hume’s theory are explicated by linking it to Kant’s constructivist method of identifying and justifying practical principles (à la O’Neill), and by showing how and why Hegel adopted and further developed Kant’s constructivism by re-integrating it with Hume’s central natural law concern with our actual social practices. (Slightly revised English translation by the author of „Von der Konvention zur Sittlichkeit. Humes Begründung einer Rechtsethik aus nach-Kantischer Perspektive“, on which see below.). (shrink)

Promise keeping and the virtue of integrity are understandable only if the sense of justice and of injustice doesn't come from nature but results from education and of some of the most inventive human conventions. We comment this argument that we find in the Treatise of Nature, book III and present how it impacts the notion of retribution and punishment in general.

RésuméOn examine ?on;abord les termes explicites et implicites du contrat de justice selon Rawls. Ensuite on rappelle ľinterprétation ‘procédurale’ que ce dernier donne de ľautonomie kantienne et ľon montre ľinanité de cette interprétation. Cependant la doctrine de Rawls exprime avec bon‐heur une conception sceptique de la justice.SummaryAfter a short examination of the explicit and implicit contract of justice according to Rawls, the reasons afforded by him to give a Kantian foundation to the contract are recalled and rebutted. (...) However Rawls's doctrine remarkably expresses the main argument of a sceptical conception of justice.ZusammenfassungNach einer kurzen Untersuchung des expliziten und impliziten Begriffs des Gesellschaftsver‐trages, wie Rawls ihn versteht, wird die besondere Interpretation erOrtert, die er vom Kantschen Autonomiebegriff gibt. Es wird gezeigt, dass diese unzutreffend ist und dass Rawls Lehre eher auf eine skeptische Auffassung der Gerechtigkeit zutrifft. (shrink)

This third edition book offers a paradigm shift in thinking (from binary to complex) and enables visibility for the intersectionality of multiple identities that range from privileged to oppressed. For example, real people’s heterogeneous racial identities within the same racial group are visible. A paradigm shift in learning (from conceptual to transformative) connects conceptual learning (cognition) to their experience (affect). “.... transformation does not simply emerge due to the individual’s awareness.... but is experienced” (Benetka & Joerchel, 2016, p. 22). Uncensored (...) first-person (subjective) written responses to specific questions to access unconscious and implicit bias will connect the writer’s experience to conceptual learning of diversity, equity, and inclusion. Writing in third person (objective) interrupts the transformative aspect by bypassing the accessibility of inner experience. Writing in first-person connects the writer to their experience which allows the unconscious to be accessed if it is practiced on a regular basis. This book is for everyone who wants to implement diversity, equity, and inclusion measures by learning to access their unconscious bias. Understanding social justice and equity and good intentions alone do not lead to accessing unconscious bias. (shrink)

With the publication of the final report of the WHO Commission on the Social Determinants of Health, it becomes clear that there is considerable convergence between a policy agenda rooted on social epidemiology and one rooted in a concern for human rights. As commentators like Jonathan Mann have argued, concern for human rights and the achievement of social justice can inform and improve public health. In this article, we ask a different question: what does a health perspective adds to (...) the enduring fight for a more just world? We consider three possibilities: (1) that public health, in an inversion of Mann's argument, actually provides useful tools for specifying social injustice; (2) that, contrary to the usual critical stance and assumption of weakness, the institutions of public health bring powerful capacities to the practical promotion of social justice; and (3) that health as a banner mobilizes people who would not be mobilized to act in the name of social justice. (shrink)

With the publication of the final report of the WHO Commission on the Social Determinants of Health, it becomes clear that there is considerable convergence between a policy agenda rooted on social epidemiology and one rooted in a concern for human rights. As commentators like Jonathan Mann have argued, concern for human rights and the achievement of social justice can inform and improve public health. In this article, we ask a different question: what does a health perspective adds to (...) the enduring fight for a more just world? We consider three possibilities: (1) that public health, in an inversion of Mann's argument, actually provides useful tools for specifying social injustice; (2) that, contrary to the usual critical stance and assumption of weakness, the institutions of public health bring powerful capacities to the practical promotion of social justice; and (3) that health as a banner mobilizes people who would not be mobilized to act in the name of social justice. (shrink)

The central philosophical task posed by conventions is to analyze what they are and how they differ from mere regularities of action and cognition. Subsidiary questions include: How do conventions arise? How are they sustained? How do we select between alternative conventions? Why should one conform to convention? What social good, if any, do conventions serve? How does convention relate to such notions as rule, norm, custom, practice, institution, and social contract? Apart from its intrinsic interest, convention is important because (...) philosophers frequently invoke it when discussing other topics. A favorite philosophical gambit is to argue that, perhaps despite appearances to the contrary, some phenomenon ultimately results from convention. Notable candidates include: property, government, justice, law, morality, linguistic meaning, necessity, ontology, mathematics, and logic. (shrink)

Peter Vanderschraaf’s Strategic Justice is a powerful elaboration and defense of what he calls ‘justice as mutual advantage’. Vanderschraaf opens Strategic Justice by observing that ‘Plato set a template for all future philosophers by raising two interrelated questions: (1) What precisely is justice? (2) Why should one be just?’. He answers that (1) justice consists of conventions which (2) are followed because each sees that doing so is in her interest. These answers depend upon two (...) conditions which Vanderschraaf calls Baseline Consistency and Negative Mutual Expectations. I contend that the plausibility of the first condition depends upon principles which are prior to Vanderchraaf’s conventions of justice and that the second condition does not account for the interest Vanderschraaf must think we take in those principles. I therefore worry that Vanderschraaf does what he accuses other theorists of justice as mutual advantage of doing: going outside the bounds of justice as mutual advantage. To lay the groundwork for his conditions, Vanderschraaf analyzes the circumstances of justice. I argue that, his claims to the contrary notwithstanding, he does not take the circumstances to be the kind of conditions Hume takes them to be, but that he has good reason to do so. (shrink)

Criticising judges : fair game or off-limits? -- Academics and judges -- Are the judges too powerful? -- Magna Carta and compensation culture -- Does judicial review undermine democracy? -- Liability of public authorities in negligence -- The shifting sands of statutory interpretation -- Time to call it a day : some reflections on finality and the law -- The globalisation of law -- Recent developments in commercial law conference -- The contribution of construction cases to the development of the (...) common law -- What is wrong with human rights? -- Human rights in an age of terrorism -- Religion and the law : some current problems -- The extraterritorial application of the European Convention on Human Rights : now on a firmer footing, but is it a sound one? -- Magna Carta--liberties, customs, and the free flow of trade -- Delay too often defeats justice -- Magna Carta and religion -- Runnymede -- Advocates as protectors of the rule of law -- Litigators--survive and thrive -- The Jackson reforms and civil justice -- Sharpening the public gaze : advances in open justice in England and Wales -- Threats to justice in the twenty-first century -- Halsey 10 years on---the decision revisited -- Arbitration versus litigation -- Arbitration after Brussels I reform -- School speech day -- How my classical education has affected my life -- Valedictory -- Changes in the law in the last 50 years. (shrink)

Conventionalism as a distinct approach to the social contract received significant attention in the game-theoretic literature on social contract theory. Peter Vanderschraaf’s sophisticated and innovative theory of conventional justice represents the most recent contribution to this tradition and, in many ways, can be viewed as a culmination of this tradition. In this article, I focus primarily on Vanderschraaf’s defense of the egalitarian bargaining solution as a principle of justice. I argue that one particular formal feature of this (...) bargaining solution, the baseline consistency requirement, may stand in tension with other features of conventionalism as an approach to the social contract and limit the scope of Vanderschraaf’s theory to societies in which de facto an egalitarian sense of justice evolves. It limits the scope of Vanderschraaf’s theory in the face of moral diversity. A similar limitation applies to Vanderschraaf’s theory of democratic political authority. Despite these minor limitations, Vanderschraaf’s theory can only be seen as a major success and significant contribution to social contract theory. (shrink)

Previous commentators on Plato’s Republic have relied on mistaken assumptions about the requirements for Plato’s theory of justice: that Plato establishes a bi-conditional between proper psychic rule and the performance of conventionally just acts. They believe that if Plato does not establish this bi-conditional, then his theory of justice as a virtue will succumb to the fallacy of irrelevance. I claim Plato need not meet that requirement. A novel interpretation of the arguments of Book IV concerning justice (...) in the soul suffices to dispense with one aspect of the bi-conditional – that conventional justice must imply justice as psychic harmony. Then, situating the theory of justice as psychic harmony in the context of the divided line, and in the dialectical ascent in the education of the philosopher-rulers, I show that the other conditional requirement – that justice in the soul must imply the performance of conventionally just actions – is also mistaken. (shrink)

Conventions and leaders are believed to be the two pillars of justice and order in society. This paper evaluates this proposition and draws attention to two intriguing ways in which these pillars can malfunction. The argument is constructed by creating two new games, Greta’s Dilemma and the Incarceration Game. An awareness of these problems can help us use our ‘moral intention’ to reexamine our own collective behavior and to design prior conventions, which limit the power of the leader.

Peter Vanderschraaf’s Strategic Justice provides a defense of the egalitarian bargaining solution. Vanderschraaf’s discussion of the egalitarian solution invokes three arguments typically given to support the Nash bargaining solution. Overall, we reinforce Vanderschraaf’s criticism of arguments in favor of the Nash solution and point to potential weaknesses in Vanderschraaf’s positive case for the egalitarian solution.

The institutional theory of property is that view that property rights are entirely and essentially conventional and are the creatures of states and coercively backed legal systems. In this paper, I argue that, although states and legal systems have a valuable role in defining property rights, the institutional story is not the whole story. Rather, the property rights hat we have reason to recognize as part of justice are partly conventional in character and partly rooted in universal (...) human interests and dispositions. (shrink)

The Convention on Biological Diversity and its Nagoya Protocol established an Access and Benefit Sharing system between utilizers and providers of genetic resources. ABS is understood as a tool that should promote commutative justice between the involved parties. This essay discusses what exactly it is that is being exchanged in the ABS process. It critically analyses moral claims to compensation that are implied by the ABS system for genetic resources. It argues that with the exception of cases in which (...) traditional knowledge is involved, states are not automatically entitled to compensation in return for the utilization of genetic resources growing within their territory. However, biodiversity-rich states that make an effort to protect biodiversity must be compensated for complying with the requests set out in the CBD. Although it acknowledges that the NP is a step towards recognizing this claim, this essay argues that ABS is not the appropriate method to compensate for biodivers... (shrink)

This article surveys five approaches to justice in contemporary Anglo-American legal thought: pure proceduralism, the sources thesis, the semiotic model, the social convention model, and the ‘law and...’ model. Each approach has associated justice with the foundation of the legal structure of rules, principles and the like. The foundation for pure proceduralism has rested in the conditions (such as majority will, freedom of expression, and political equality), external to the pure process. For the sources thesis, the foundation has (...) been the state institutions, such as courts and legislatures and ultimately to the state external to the legal structure. With the semiotic model, the structure of signifying concepts (rules, principles, doctrines and other intelligible objects) takes the foundation as a non-signified concept (such as Hans Kelsen’s Grundnorm) external to the signifying relations inside the structure. For the social convention model, the key has been the observation by a jurist of the regularity of a multiplicity of experienced events and the regularity, in turn, is a concept which abstracts from and unifies the multiplicity into a concept. The final approach, the law and…approach, has assumed that the foundation lies in the external and independent disciplinary discourse, thereby reinforcing the observed legal structure as given. -/- The foundation, in each context, has been considered external to the units and analytical reasoning of the legal structure. The foundation, that is, has been considered neither legal nor illegal. The consequence has been that jurists, working within the structure founded by an externality, cannot access justice. The clue to justice, I suggest, is concealed inside the structure itself: namely in the multiplicity of experienced events which the concepts and signifying relations have enclosed and forgotten. The Paper briefly fleshes out the latter sense of access to justice. (shrink)

INTRODUCTION In my view, justice is entirely conventional; indeed, all of morality consists in conventions that are the result of continual tacit bargaining and adjustment. This is not to say social arrangements are just whenever they are in accordance with the principles of justice accepted in that society. We can use our own principles of justice in judging the institutions of another society, and we can appeal to some principles we accept in order to criticize other (...) principles we accept. To use David Hume's model of the relevant sort of convention, two people rowing a boat each continually adjusts his or her rate of rowing to the other so that they come to row at the same rate, a rate that is normally somewhere between the rate at which each would prefer to row. In the same way the basic principles of justice accepted by people of different powers and resources are the result of a continually changing compromise affecting such things as the relative importance attached to helping others as compared with the importance attached to not harming others. Hume's rowers provide an example of a “convention” that is normally completely tacit. There are other models in which the bargaining can be more explicit, for example when a seller comes to set prices that are acceptable to customers, when employers reach understandings with employees concerning wages, or when political groups influence legislation. I want eventually to consider the implications for moral reasoning and argument of the thesis that principles of justice are entirely the result of implicit bargaining and convention of this sort. (shrink)

We created Justice: The Game, an educational, role-immersion game designed to be used in philosophy courses. We seek to describe Justice in sufficent detail so that it is understandable to readers not already familiar with role-immersion pedagogy. We hope some instructors will be sufficiently interested in using the game. In addition to describing the game we also evaluate it, thereby highlighting the pedagogical potential of role-immersion games designed to teach political philosophy. We analyze the game by drawing on (...) our observations as designers and playtesters of Justice, along with feedback from students obtained in focus-groups conducted shortly after playtesting ended. We present evidence that Justice, compared to conventional instructional methods alone, plausibly enhances student learning of philosophical skills and content by requiring them to practice those skills and put their content-area knowledge to use in a highly-motivating and engaging context. (shrink)

ABSTRACT The metaphor of ‘viral modernity’ denotes an era characterized by communal experiences of how viruses, be they in the shape of physical, virtual or symbolic forms, permeate and shape social and cultural life. To think educative justice in viral modernity thus require a radical move beyond the surfaces of conventional paradigms in order to reach at a deep-seated understanding of the phenomena of education and justice itself. Motivated by this ambition, I here present a Badiouan reading (...) of educative justice in relation to the aims and mission of philosophy of education. I start by briefly mapping out current educational philosophical paradigms and their ways of treating the issue of justice. Next, I contrast these orthodoxies to a Badiouan model. My overall ambition is to promote a philosophy of education that avoids philosophical doctrines, old and new, while simultaneously carrying a potential for unveiling the phenomenon of justice as educative truths-in-worlds. (shrink)

Introduction: the grey goose -- The origins of civil society and the function of law -- Justice, ownership, and law -- Natural justice and conventional justice -- Justice and the trading order -- Adjudication and interpretation -- Morality, law, and legislation -- Natural law -- Rights -- The force of law -- The authority and legitimacy of law -- Conclusion.

There are two general classes of social conventions: conventions of coordination, and conventions of partial conflict. In coordination problems, the interests of the agents coincide, while in partial conflict problems, some agents stand to gain only if other agents unilaterally make certain sacrifices. Lewis' (1969) pathbreaking analysis of convention in terms of game theory focuses on coordination problems, and cannot accommodate partial conflict problems. In this paper, I propose a new game-theoretic definition of convention which generalizes previous game-theoretic definitions (Lewis (...) 1969, Vanderschraaf 1995), and which can be used to characterize norms of justice in partial conflict situations. I argue that the key structural property necessary for a social arrangement to be a convention is that it be conditionally self-enforcing, in the sense that: (i) each agent has a decisive reason to follow her end of the arrangement given that she expects all to do likewise, (ii) given a different set of expectations, some agents would have had a decisive reason to deviate, and (iii) these facts are common knowledge. This leads to a definition of convention as a strict correlated equilibrium (Aumann 1974) together with appropriate common knowledge conditions. Examples are given in which it is shown how this more general account of convention can be used to analyze norms of justice as well as coordination problems. It is only a general sense of common interest; which sense all the members of the society express to one another, and which induces them to regulate their conduct by certain rules. I observe, that it will be for my interest to leave another in the possession of his goods, provided he will act in the same manner with regard to me. He is sensible of a like interest in the regulation of his conduct. When this common sense of interest is mutually express'd, and is known to both, it produces a suitable resolution and behavior. And this may properly be call'd a convention or agreement betwixt us,.. (shrink)

Are field medics morally permitted to treat unjust combatants? I distinguish between two kinds of enemy combatants: reactivated ones who will rejoin the fight, and deactivated ones who will not rejoin the fight. Helen Frowe has argued that field medics are not permitted to treat reactivated combatants but is silent about deactivated ones. First, I argue that Frowe’s account plausibly extends to a moral prohibition on treating deactivated combatants in addition to reactivated ones. Second, I argue that the best argument (...) for treating deactivated enemy soldiers extends also to reactivated ones but holds only for groups, which undermines Frowe’s general position. I thus defend the mainstream view, enshrined in the Geneva Convention, that the treatment of deactivated unjust combatants (and maybe, in some cases, reactivated unjust combatants) by partisan or nonpartisan field medics is often all-things-considered morally obligatory. -/- . (shrink)

From a nonideal justice perspective, this article investigates liability and compensation intheir wider theoretical context to better understand the governance of climate loss anddamage under the United Nations Framework Convention on Climate Change(UNFCCC). The usual rationale for considering compensation takes a backward-looking understanding of responsibility. It links those causing harm directly to its remedy. Thisarticle shows that, under current political circumstances, it is more reasonable to understandresponsibility as a forward-looking concept and thus to differentiate responsibilitieson grounds of capacity and (...) solidarity. The article argues that loss and damage entitlementsinUNFCCCgovernance should be understood as entitlements to a threshold of capabilitiesfor resilience. While compensation merely means redressing the situation ex ante a threat,entitlements to capabilities for resilience can entail more demanding responsibilities ofsupport. This means that Article 8 of the Paris Agreement has much more demandingimplications than it might at first appear. (shrink)

What moral standards ought nation-states abide by when selecting immigration policies? Peter Higgins argues that immigration policies can only be judged by considering the inequalities that are produced by the institutions - such as gender, race and class - that constitute our social world.Higgins challenges conventional positions on immigration justice, including the view that states have a right to choose whatever immigration policies they like, or that all immigration restrictions ought to be eliminated and borders opened. Rather than (...) suggesting one absolute solution, he argues that a unique set of immigration policies will be just for each country. He concludes with concrete recommendations for policymaking. (shrink)

This paper is published as part of special issue on the theme of ‘justice without retribution’. Any attempt to consider how justice may be achieved without retribution has to begin with a consideration of what we mean by justice. The most powerful pleas for justice usually come from those who feel that they have been harmed by the wrongful acts of others. This paper will explore this intuition about justice and will argue that it arises (...) from the central importance of reciprocity, in the form of equity, balance and fairness, in human relationships. This is expressed in our image of justice, one of whose core symbols is a set of scales. I will use a clinical case to illustrate what can happen when criminal harm is not followed by any form of restitution. In this case, the punitive impulse was internalised in the victim and turned against herself in the form of deliberate self harm and, ultimately, death by suicide. I will argue that human relationships largely consist of reciprocal acts of good or harm and that we constantly strive for a balanced reciprocity in our relationships with others. This theme has been played out throughout human history in personal relationships, social customs, legal systems, religion and culture. It is also seen in higher primates. When someone is a victim of wrongful harm, there is a need to take measures to restore the balance which has been lost. I will attempt to draw a distinction between retributivism as the term is usually understood and the application of the principle of reciprocity in criminal justice. This distinction is one that has found expression in what has become known as ‘restorative justice’ as opposed to conventional justice. There are two cardinal features of restorative justice in this context. The first is that it brings offender and victim into a relationship with the aim of repairing the harm that has been caused. The second is that it gives the offender the opportunity to give something back to his victim. I will conclude that our responses to criminal wrong-doing should be based on restorative principles and that punishment can sometimes be part of the process by which moral harm is made good. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume XXIV, Number 1, April 1998, pp. 5-30 Justice and the Foundations of Social Morality in Hume's Treatise JACQUELINE TAYLOR Hume famously distinguishes between artificial virtues and natural virtues, or, at one place, between a sense of virtue that is natural and one that is artificial. The most prominent of the artificial virtues are those associated with the practices of justice. Commentators have devoted much (...) attention to Hume's explanation of what motivates us to be just. But his main concern in the Treatise is to explain why we approve morally of just conduct.1 While there surely are complexities surrounding the issue of the motivation to be just, in one sense Hume's explanation is quite straightforward: self-interest motivates us to establish and follow the conventions of justice. The real interest in his account of the establishment of justice lies in his further explanation of how those conventions transform our moral psychology, and lead us to form shareable moral points of view from which we can reach agreement on the value of characters. My reading of Hume's account in the Treatise is as follows. Hume attributes to us a social morality, the central notion of which is a moral sensibility that has its origins in nature, but that must be extended by social artifice in order to accommodate the various virtues important to cooperative living. I will contend that the moral psychology embodied in a cultivated sense of morality depends on the redirection of our evaluative propensities and therefore requires the sorts of convention that Hume associates with justice.2 My thesis helps to make sense of the structure of Book III: Hume has genuine philosophical reasons for introducing the artificial virtues prior to the natural ones.3 Jacqueline Taylor is at the Department of Philosophy, Tufts University, Medford MA 02155-7059 USA. email: [email protected] 6 Jacqueline Taylor The main goal of this paper is to show that Hume's philosophy has the resources to explain our ability to balance our appraisal of the artificial and natural virtues, since we need both sorts of virtue to live well. As a foil for my view, I want to use the argument advanced by Barry Stroud and others that Hume faces a special difficulty in explaining how we sustain our approval of particular just acts that considered in themselves appear harmful to the public good. Stroud argues that Hume fails to explain what recommends justice as a virtue to us in all cases, and thus fails to capture the concern we have for fairness.4 While Stroud finds in the second Enquiry the seeds of a view, based on our sympathetic approval of what tends to the good of mankind, that could provide the materials for developing a naturalistic account of how we come to have a concern for justice and fairness, he argues that Hume's interest lies squarely in the origin of justice and not in how people develop shared social attitudes (Stroud, 216-218). I disagree with Stroud's pronouncement that Hume fails to explain sufficiently our moral approval of justice, but I must leave to one side discussion of the particular social attitudes of justice, such as concern for fairness. My focus will be on how we cultivate a range of shared attitudes of moral appraisal and the relation of these to justice. Stroud misjudges Hume's project, at least in part, because he neglects the historical context in which Hume was writing, and overlooks some important differences between Hume and his contemporary, Francis Hutcheson.5 In Book II of the Treatise, in a discussion of virtue and vice as causes of pride and humility, Hume signals the reader that in the next book he will examine "the controversy...whether these moral distinctions be founded on natural and original principles, or arise from interest and education" (T 295). The controversy to which he refers is that between moral sense theorists, such as Shaftesbury and Hutcheson, on the one side, and members of the Hobbesian or "selfish" school, which includes Mandeville as well as Hobbes, on the other. As he starts Book III, Hume seems to suggest that his... (shrink)

That discrimination exists in courts of law is beyond dispute. In American murder cases, for instance, studies show that blacks who kill a white are much more likely to receive the death penalty than if they kill a black. Indeed, in Georgia, they are 30 times more likely to be condemned, and in Texas a staggering 90 times more likely. Conversely, in Texas, of 143 whites convicted of killing a black, only one was sentenced to die. But how extensive is (...) discrimination in the courtroom? Is it strictly a matter of racial prejudice, or does it respond to a wide range of social factors? In Sociological Justice, eminent legal sociologist Donald Black challenges the conventional notion that law is primarily an affair of rules and that discrimination is an aberration. Law, he contends, is a social process in which bias is inherent. Indeed, Black goes well beyond the documented instances of racial discrimination to show how social status, the degree of intimacy, speech, organization, and numerous other factors all greatly influence whether a complaint will be filed in court, who will win, and what the punishment or other remedy will be. Moreover, he extends his analysis to include not only the litigants, but also the lawyers, the jurors, and the judge, describing how their social characteristics can also influence a case. Sociological Justice introduces a new field of legal scholarship that will have important consequences for the future of law: the sociology of the case. Black discusses how lawyers can use the sociology of the case to improve their practice and, for those interested in reform, he suggests ways to minimize bias in the courtroom. Beyond this, Black demonstrates that modern jurisprudence, with its assumption that like cases will be treated in like fashion, is out of touch with reality. He urges the adoption of a new sociological jurisprudence, with a new morality of law, that explicitly addresses the social relativity of justice. A major contribution to legal scholarship, this thought-provoking volume is essential reading for anyone interested in law and justice in modern society. (shrink)

For Aristotle, a just political community has to find similarity in difference and foster habits of reciprocity. Conventionally, speech and law have been seen to fulfill this role. This article reconstructs Aristotle’s conception of currency as a political institution of reciprocal justice. By placing Aristotle’s treatment of reciprocity in the context of the ancient politics of money, currency emerges not merely as a medium of economic exchange but also potentially as a bond of civic reciprocity, a measure of (...) class='Hi'>justice, and an institution of ethical deliberation. Reconstructing this account of currency in analogy to law recovers the hopes Aristotle placed in currency as a necessary institution particular to the polis as a self-governing political community striving for justice. If currency was a foundational institution, it was also always insufficient, likely imperfect, and possibly tragic. Turned into a tool for the accumulation of wealth for its own sake, currency becomes unjust and a serious threat to any political community. Aristotelian currency can fail precisely because it contains an important moment of ethical deliberation. This political significance of currency challenges accounts of the ancient world as bifurcated between oikos and polis and encourages contemporary political theorists to think of money as a constitutional project that can play an important role in improving reciprocity across society. (shrink)

ABSTRACT The academic discussion concerning justice in education tends to center around questions of equal educational opportunity and the distribution of educational resources. This paper responds to a special issue which collects different approaches to educational justice that move beyond the boundaries set by traditional, hegemonic perspectives in the field. I point to some important strands in which the different papers converge and outline how they attempt to produce a shift in the understanding of educational justice; how (...) they bring into view and touch upon ways of thinking through educational justice which have previously not received attention or been obscured by more conventional paradigms. Different papers do this in different ways, but there is a joint effort to self-critically turn philosophy onto itself as well as a common tendency towards what could be called a shift beyond discourse towards more worldly, materialistic, bodily and embodied notions of justice and injustice. (shrink)

Existing theoretical literature on justice, law, and community typically treats them as ideas studying them through an analytical and rational approach. In this article, I propose to investigate these concepts through aesthetic experience as an attempt to both sharpen our imagination of such concepts and demonstrate they are inseparable. I do this by painstakingly examining the movies Shoplifters by Kore-eda and The House That Jack Built by Von Trier. Rather than focusing on thematic analysis, I claim and show that (...) film form is crucial for aesthetic and affective experience. Furthermore, and against the conventional view, I argue that both movies articulate a spatialized vision of justice defined by its materiality. Together these aspects help us to keep (re)imagining law, justice, and community, and grasp better their worldmaking properties and powers. (shrink)

The book reflects academically on important and relevant ethical fields from a multidimensional South African context. The book challenges conventional borders from different ethical, theological, philosophical, economic and cultural perspectives with insight and expertise and seeks to add academic-ethical value, locally and globally, with its different points of departure deeply embedded in justice. From a mainly qualitative methodological perspective, this scholarly book demonstrates that ethics requires analytical thinking and critical people who, in an existentially and emancipatory way, can (...) help make the world a more just, decent and humane place in which to live. The authors, who represent different academic and cultural backgrounds, present in their respective chapters their research systematically, intersectionally and constructivistically, based on profound theoretical analysis and reasoning. This epistemology results in an act of knowing that actively gives meaning and order to the reality to which it is responding. By doing this, they point out that people are in an ongoing process of becoming more human – allowing ourselves and our fellow human beings to flourish and to reach fuller potential through justice-based ethical reflection and action. (shrink)

This timely and provocative book challenges the conventional wisdom that neoliberal capitalism is incompatible with social justice. Employing public choice and market process theory, Nick Cowen systematically compares and contrasts capitalism with socialist alternatives, illustrating how proponents of social justice have decisive reasons to opt for a capitalism guided by neoliberal ideas. Cowen shows how general rules of property and voluntary exchange facilitate widespread cooperation. Revisiting the works of John Rawls, he offers an interdisciplinary reconciliation of Rawlsian (...) principles with liberal democracy by introducing Robust Property-Owning Democracy, a new form of governance that aims to achieve social justice via practical, liberal means. Chapters address the knowledge problem and the incentive problem that emerge when aiming for a fair distribution of social resources and demonstrate how everyday political bargaining can help achieve just outcomes for all. Utilising insights from philosophy, politics and economics to show the role of market institutions and constitutional government in producing social justice, this book is crucial reading for academics, researchers and students of PPE and the political sciences. Its practical policy proposals will further benefit policymakers interested in mechanisms that spread the benefits of economic growth equitably. (shrink)