The formal part of this chapter is concerned with measures of need-based justice. According to the measures we propose, a distribution is unjust (i) the more it deviates from absolute need satisfaction and equal degrees of need satisfaction, (ii) the more the given undersupply could have been mitigated by transfers, or (iii) the more resources are used for oversupply instead of need satisfaction. These measures are compared, i.e., as to the satisfaction of need-oriented relatives of axioms prominent in (...) poverty measurement; and we have a critical eye on the proposals of Jasso and Miller. The empirical part reports on three vignette studies conducted to find out how people evaluate the justice of given distributions and how they distribute goods when aiming at justice. The main goal was to measure the significance ascribed to need. This significance was compared with the significance ascribed to effort or equality; and it was shown that a need’s influence decreases when the corresponding person is accountable for having a higher amount of it. In the third study, we found out that needs that are not directed at bare survival, such as the need for participation in social life, are attributed lower degrees of importance. The chapter concludes with some implications of our research for a theory of need-based justice. (shrink)

Need considerations play an important role in empirically informed theories of distributive justice. We propose a concept of need-based justice that is related to social participation and provide an ethical measurement of need-based justice. The β-ε-index satisfies the need-principle, monotonicity, sensitivity, transfer and several »technical« axioms. A numerical example is given.

Need-based justice is an important ingredient for a pluralistic theory of justice. But how can need-based justice be measured? I will argue that need-based justice cannot be measured by measuring need-satisfaction. This is because need-based justice does not only depend on need-satisfaction, but also on opportunities to avoid or at least mitigate undersupply. Depending on these opportunities, one and the same degree of undersupply can be unjust to different degrees. In this (...) article, I establish a number of desiderata that a measure of need-based justice has to comply with. Resulting measures treat avoidable undersupply as the main source of injustice. (shrink)

Distributive justice deals with allocations of goods and bads within a group. Different principles and results of distributions are seen as possible ideals. Often those normative approaches are solely framed verbally, which complicates the application to different concrete distribution situations that are supposed to be evaluated in regard to justice. One possibility in order to frame this precisely and to allow for a fine-grained evaluation of justice lies in formal modelling of these ideals by metrics. Choosing a (...) metric that is supposed to map a certain ideal has to be justified. Such justification might be given by demanding specific substantiated axioms, which have to be met by a metric. This paper introduces such axioms for metrics of distributive justice shown by the example of needs-based justice. Furthermore, some exemplary metrics of needs-based justice and a three dimensional method for visualisation of non-comparative justice axioms or evaluations are presented. Therewith, a base worth discussing for the evaluation and modelling of metrics of distributive justice is given. (shrink)

In attempts to compare different distributions with regards to need, so-called “measures of need-based distributive justice” have emerged in recent years. Each of the proposed measures relies on a single dimension of need that is taken into account. This is shown to be problematic since humans experience different kinds of need that appear to be incommensurable. A strategy to deal with this problem is introduced by using multidimensional measures.

Measures of need-based justice that have been proposed lately rely on a single dimension of need that is taken into account. This is shown to be problematic since humans experience different kinds of need that appear to be incommensurable.

In recent years an increasing number of political philosophers have begun to ground their arguments in empirical evidence. I investigate this novel approach by way of example. The object of my case study is David Miller’s renewed empirical argument for a needs-based principle of justice. First, I introduce Miller’s argument. Then I raise four worries about the application of his methodology that give rise to corresponding general recommendations for how to do empirical political philosophy. Proponents of this (...) approach should take care to (1) check for inappropriately narrow (and broad) samples, (2) verify studies’ relevance for their empirical hypotheses, (3) adjust their confidence to the available empirical evidence, and (4) properly integrate their hypotheses into their philosophical theorizing. (shrink)

This book develops an empirically informed normative theory of need-based justice, summarizing core findings of the DFG research group FOR2104 “Need-based Justice and Distributive Procedures”. In eleven chapters scholars from the fields of economics, political science, philosophy, psychology, and sociology cover the identification and rationale of needs, the recognition and legitimacy of needs, the dynamics and stability of procedures of distributions according to needs, and the consequences and sustainability of need-based distributions. These (...) four areas are studied from the perspective of two mechanisms of need objectification, the social objectification by the discursive generation of mutual understanding (transparency) and the factual objectification by the transfer of decisions to uninvolved experts (expertise). The volume addresses academics in the fields of justice research, ethics, political theory, social choice and welfare, framing, individual and group decision making, inequality and redistribution, as well as advanced students in the contributing disciplines. (shrink)

The article presents an original needs-based partial theory of human injustice and shows its relationship to existing theories of human need and human liberation. The theory is based on an original typology of three social structural sources of human injustice, a partial theorization of the mechanisms of human injustice, and a needs-based theorization of the nature of human injustice, as experienced by individuals. The article makes a sociological contribution to normative social theory by clarifying the (...) relationship of human injustice to human needs, human rights, and human liberation. The theory contends that human injustice is produced when oppression, mechanistic dehumanization, and exploitation create systematic inequality in opportunities to address human needs, leading to wrongful need deprivation and the resulting serious harm. In one longer sentence, this needs-based partial theory of the sources, mechanisms, and nature of human injustice contends that three distinct social systemic sources—oppression, mechanistic dehumanization, and exploitation—produce unique and/or overlapping social mechanisms, which create systematic inequality in opportunities to address universal human needs in culturally specific ways, thus producing the nature of the human injustice theorized here: wrongfully unmet needs and serious harm. (shrink)

We examine the role of need satisfaction in non-comparative justice ratings about endowments with goods. As normative approaches, we discuss utilitarianism, prioritarianism, and sufficientarianism. Using a vignette experiment, we show that a need context increases the prevalence of prioritarianistic and sufficientarianistic justice ratings, which leads to an ethically problematic sigmoid shape of the justice evaluation function.

The purpose of this introduction is two-fold. First, it is to provide readers unfamiliar with the debates on practice-dependence with the insight necessary to fully comprehend the different contributions to this volume. Second, it is to make readers already well versed in practice-dependence more sensible to the substantive nature of this view and to provide them with a workable typology. After establishing a first distinction between metaphysical, relational and practice-dependent conceptions of justice, I draw a line, among practice-dependent views, (...) between institutionalism and cultural conventionalism. I complete the typology by differentiating between three forms of institutionalism according to how they regard the institutional fact, namely the fact that individuals are always already placed in a state of submission to existing institutions. Whereas de facto institutionalism describes this fact as a mere factual reality which imposes itself upon human beings, de jure institutionalism regards it as a practical necessity that stands in need of justification to each and every individual. Finally, moral institutionalism accounts for the institutional fact in terms of moral duty , namely the duty to contribute to the emergence of a state of affairs in which everyone’s freedom of choice is respected. (shrink)

This paper addresses a theory of intergenerational justice that we refer to as “needs-based sufficientarianism”. According to needs-based sufficientarianism, the present generation ought to enable future generations to meet their basic needs — for example, their needs for drinkable water, food and health care. Our aim is to explain and defend this theory in a programmatic way. First, we introduce what we regard as the most plausible variant of needs-based sufficientarianism. Then (...) we argue that this variant is superior to several alternative ways of thinking about intergenerational justice. In particular, we defend basic needs as the currency of intergenerational justice and sufficiency as its principle. Our arguments for these claims are neither fully comprehensive nor fully conclusive. Yet, we hope that they suffice to show that needs-based sufficientarianism is a major contender, with significant pro tanto advantages over other views. (shrink)

This paper situates the concept of resilience in the context of intergenerational climate justice. It argues that overlooking intergenerational justice questions when it comes to resilience can lead to blind-spots in resilience-building policies. Introducing a sufficientarian basic needs-based conception of justice, it explores the relationship between distributive justice and resilience, linking person-based justice accounts to community- and/or society-based resilience accounts. Based on these discussions, it develops a conception of intergenerational climate (...) resilience and a policy matrix that can assist in assessing policies in terms of intergenerational justice. It argues that taking intergenerational resilience seriously would widen the concept of resilience and lead to difficult trade-offs in terms of mitigation and adaptation. It further discusses a future research agenda into intergenerational climate resilience. (shrink)

The concept of need is often proposed as providing an additional or alternative criterion to cost-effectiveness in making allocation decisions in health care. If it is to be of practical value it must be sufficiently precisely characterized to be useful to decision makers. This will require both an account of how degree of need for an intervention is to be determined and a prioritization rule that clarifies how degree of need and the cost of the intervention interact in determining the (...) relative priority of the intervention. Three common features of health care interventions must be accommodated in a comprehensive theory of need: the probabilistic nature of prognosis (with and without the intervention); the time course of effects; and the fact that the most effective treatments often combine more than one intervention. These common features are problematic for the concept of need. We outline various approaches to prioritization on the basis of need and argue that some approaches are more promising than others. (shrink)

An evidence-based approach to crime and justice policy can go a long way toward ensuring that the best available research is considered in decisions that bear on the public good. However, the term "evidence-based" is characterized by a great deal of rhetoric. Indeed, there remains a marked disjuncture between calls for "evidence-based" policy and an understanding of what it means for policy to be "evidence-based." The calls for evidence-based policy nonetheless provide a powerful foundation (...) for propelling a movement toward bringing about rational, cost-effective, and humane policies for the betterment of society. This handbook showcases the state of research on evidence-based crime and justice policy and the challenges that impede its creation and use. The volume has three core objectives: to promote new and productive ways to think about evidence-based policy; to demonstrate how research can contribute to and guide evidence-based policy in juvenile justice, criminal justice, and alternatives to system responses; and to identify strategies that can increase reliance on evidence-based policy. To meet these objectives, each chapter is guided by several central questions: What do we know about evidence-based policy and practice in crime and justice? How can we improve knowledge of evidence-based policy and practice? How can we promote more use of evidence-based policy and practice? Taken as a whole, the volume emphasizes the critical need for policies that are grounded in high-quality research, that address critical research gaps, and that fully acknowledge the limitations of what extant research can do to inform policy decisions. (shrink)

The clear message proposed in this book is that justice matters for morality and desert matters for justice - and that emotions matter for desert, justice and morality. Moreover, and no less importantly, justice education needs to take all those facts into consideration. Kristján Kristjánsson¿s new book falls on the cutting edge of the latest developments in justice discourse, both in philosophy and in the social sciences. Written from a philosophical perspective, it gives an (...) accessible but penetrating exploration of various interlocking and interdisciplinary themes relating to justice. Kristjánsson justifies the necessary interplay between philosophers and social scientists dealing with justice, probes the role of desert in justice and explains the rising interest in the emotionality of justice. He then analyses the main desert-based emotions, connects his discussion to recent trends in developmental and social psychology, offers a moral justification of desert and desert-based emotions, and concludes by applying all those ideas in a close study of how justice and desert should be handled in moral education at school. Kristjánsson deftly weaves together insights from disparate academic areas relevant for justice, in general, and desert, in particular. This is an engaging, eye-opening and provocative book that should excite anyone interested in justice discourse and help generate debate in different areas related to justice: philosophical, psychological and educational. (shrink)

Justice and Needs -/- Is it somehow a requirement of justice that we meet people's needs? So, for instance, do people in need of certain goods necessary to sustain life deserve help from those not (similarly) in need because this is a requirement of justice? According to two recent arguments (one offered by Wiggins and the other offered by Braybrooke), justice requires that needs be met. Wiggins uses a rights-based argument and Braybrooke (...) deploys an argument which relies pivotally on the concept of respect. In this article I examine these two strategies for arguing for a connection between justice and meeting needs and show that both strategies not only fail to establish that needs should be met, but, moreover, both strategies face substantial challenges if they are ever to be successful. -/- . (shrink)

This thesis examines a prima facie tension between the narrow scope of social justice proposed by many liberal, rights-based accounts, and the intuition that we have a strong obligation to help distant people who are in great need. 'Distant people' in this instance are people who do not share our nationality, or those who will come to exist as members of future generations. Ways in which liberal, right-based theories of political philosophy can resolve this tension are examined, (...) and the thesis concludes that a liberal, rights-based account of our obligations to distant people is possible, by understanding the extent of our connections to distant people. (shrink)

From the paper's conclusion: "In conclusion, I have distinguished between two Rawlsian arguments for the SPP [strong precautionary principle] with respect to CCCs [climate change catastrophes]. Although both are persuasive, ultimately the “unbear-able strains” argument provides the most powerful categorical grounds for takingprecautionary action against CCCs. Overall, I have argued that the nature of CCCs requires us to take drastic precautions against further CC that could lead us to passthe tipping points that cause them. This is the case notwithstanding the (...) fact that weare in a state of strong uncertainty with respect to these events; indeed, our stronguncertainty with respect to them—given their nature—makes the case for action toprevent them even more persuasive, from the point of view of justice. Some peopletranslate the strong uncertainty of CCCs into weak uncertainty in order to justifytaking precautionary action using risk assessment.59My argument is complemen-tary to theirs. If divergent approaches to the uncertainty of CCCs neverthelessconverge on the PP, then we have what Cass Sunstein calls an “incompletelytheorized agreement” on a policy, that is, an agreement to which parties divided byoften deep theoretical differences can nevertheless give their assent,60which isall to the good from a political point of view. In the specific case of CC and itspossible catastrophes, the fact that such an agreement has emerged provides asliver of hope in the face of the increasingly dismal prospects for the planetuncovered by CC science as it progresses. At the level of principle, we are agreed,whatever justificatory reasons we advance. What is needed now—in the immedi-ate present—is policy to promote our principles, and the political will to enact it.". (shrink)

Writing in the Business and Politics, Santos and Laczniak (Business and Politics 14(1) 2012) formulated a normative, ethical approach to be followed when marketers e ngage impoverished market segments. It is labeled the integrative justice model (IJM). As noted below, that approach called for authentic engagement, co-creation, and customer interest representation, among other elements, when transacting with vulnerable market segments. Basically, the IJM derived certain operational virtues, implied by moral philosophy, to be used when marketing to the poor. But (...) this well-intentioned approach raises a significant “So what?” question. Are such sentiments anything but lofty aspirations for idealists or are there steps to be taken by society and business managers of goodwill to make the adaptation of the IJM by corporations more likely and pragmatic? This paper begins to layout a roadmap that shows “how and why” the IJM might more likely be vitalized. The crux, as described below, is found in the transformational justice dimensions that are embedded in institutions (and supporting institutional arrangements); such external institutions provide a “power” impetus to assure the ethical rights claims that impoverished consumers have owed to them. In this way, the ideal exchange characteristics for bottom (or base) of the pyramid (BoP) markets argued for in the IJM can become actively transformational. The main contribution of this paper is that it begins to chart out the institutional system elements that need to exercise power in order to deliver a “fairer” marketplace for BoP consumers. (shrink)

A large and important part of social relations is gender relations between men and women. Over time, the manifestation of such relations has often been one of violence, particularly violence against women. Different approaches have been deployed to deal with the experience of gender-based violence (GBV). One popular approach is the human rights framework that suggest that GBV can be addressed by granting certain rights to women. We argue that while a human rights framework holds some promise in resolving (...) GBV, it is limited in some ways because it does not take the cultural perceptions of gender relations that envision gender duties into account. As part of our argument, we show that social relations in African communities ought to be primarily based on the principle of duty to the other, rather than an emphasis on rights. We conclude that there is a need to complement the rights-based approach with a duty-based approach to effectively address GBV. (shrink)

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)

“Informed consent” implicitly links the transmission of information to the granting of permission on the part of patients, tissue donors, and research subjects. But what of the corollary, informed refusal? Drawing together insights from three moments of refusal, this article explores the rights and obligations of biological citizenship from the vantage point of biodefectors—those who attempt to resist technoscientific conscription. Taken together, the cases expose the limits of individual autonomy as one of the bedrocks of bioethics and suggest the need (...) for a justice-oriented approach to science, medicine, and technology that reclaims the epistemological and political value of refusal. (shrink)

Most people have a clear sense of what they mean by disability, and have little trouble identifying conditions they consider disabling. Yet providing a clear and consistent definition of disability is far from straightforward. Standardly, disability is understood as the restriction in our abilities to perform tasks, as a result of an impairment of normal physical or cognitive human functioning. However, which inabilities matter? We are all restricted by our bodies, and are all incapable of performing some tasks, but most (...) of these inabilities are not considered disabilities. If, then, we are to avoid the category of disability becoming overly broad—and thus politically and practically useless—we need some way of picking out the specific inabilities that are disabling. I argue that our answer should be informed by an account of the opportunities individuals are entitled to be able to perform as a matter of justice. Thus, to be disabled is to have these opportunities restricted, and not to deviate from the species norm or lack any ability that might improve our well-being. (shrink)

In a recent article, Marilyn Baffoe-Bonnie offers three arguments for conducting CRISPR/Cas9 biotechnology research to cure sickle-cell disease (SCD) based on addressing historical and current injustices in SCD research and care. I show that her second and third arguments suffer from roughly the same defect, which is that they really argue for something else rather than for conducting CRISPR/Cas9 research in particular. For instance, the second argument argues that conducting this gene therapy research would improve the relationship between SCD (...) sufferers (who are mostly of African descent) and health care providers. But really what is essential in improving this relationship is for those providers to genuinely care and be concerned, and this could be lacking even with the CRISPR research being done. Indeed, this relationship could be improved even without that research being done, as long as there is genuine concern. Thus, this argument actually argues for the need for genuine concern. As for the third argument, one (of two) problems arises because it claims that CRISPR research for SCD should be pursued because the benefits would be shared by even non-research-participants, as non-participants would be encouraged. However, this argues for any research for SCD, not for CRISPR research in particular. I conclude that a better justice-based argument will use only Baffoe-Bonnie’s first argument, which is based on historic neglect of an actual cure for SCD (going beyond merely management or transplant therapies). (shrink)

Leveraging perspectives from social cognitive theory, the attention-based view, and social networks literatures, we tested the relationship between unethical choice and network unethicality, which we define as respondents’ perceptions of their peer advisors’ unethical choices. Although social cognitive theory predicts that perceptions of peer advisor unethical choice are positively associated with unethical choice, we theorize that the nature of this relationship depends on the personality of the actor and the situation. Results from a lagged study suggest that individual and (...) situational variables may act as key buffers to the adverse impact of unethical social influence on ethical choice. Strengths, limitations, and directions for future research are discussed. (shrink)

Writing in the Business and Politics, Santos and Laczniak 2012) formulated a normative, ethical approach to be followed when marketers e ngage impoverished market segments. It is labeled the integrative justice model. As noted below, that approach called for authentic engagement, co-creation, and customer interest representation, among other elements, when transacting with vulnerable market segments. Basically, the IJM derived certain operational virtues, implied by moral philosophy, to be used when marketing to the poor. But this well-intentioned approach raises a (...) significant “So what?” question. Are such sentiments anything but lofty aspirations for idealists or are there steps to be taken by society and business managers of goodwill to make the adaptation of the IJM by corporations more likely and pragmatic? This paper begins to layout a roadmap that shows “how and why” the IJM might more likely be vitalized. The crux, as described below, is found in the transformational justice dimensions that are embedded in institutions ; such external institutions provide a “power” impetus to assure the ethical rights claims that impoverished consumers have owed to them. In this way, the ideal exchange characteristics for bottom of the pyramid markets argued for in the IJM can become actively transformational. The main contribution of this paper is that it begins to chart out the institutional system elements that need to exercise power in order to deliver a “fairer” marketplace for BoP consumers. (shrink)

This article starts off with a historical section showing that deep disagreements among notions of social and political justice are a characteristic feature of the history of political thought. Since no agreement or consensus on distributive justice is possible, the article argues that political philosophers should – instead of continuously proposing new normative theories of justice – focus on analyzing the reasons, significance, and consequences of such kinds of disagreements. The next two sections are analytical. The first (...) sketches five possible reasons for deep disagreements among notions of social and political justice. The second discusses the meta-ethical relevance of the lack of consensus on justice and rejects ethical realism and cognitivism based on the argument from deep disagreements. (shrink)

Medical legal partnerships address individual legal needs that can create impediments to health. Little is known about outcomes from medical legal partnerships and their relationship to access to justice. This paper reports outcomes from one medical legal partnership from the perspective of the client, with specific emphasis on impact on health and concepts related to access to justice. We suggest a conceptual model for incorporating medical legal partnerships into a broader framework about access to justice.

Take the mystery out of digital photography and join the fun! You don't need to be a professional photographer or a technology expert to take great digital photos! This down-to-basics guide makes it easy to choose the right camera, understand all its dials and controls, take good pictures, make them look even better with your computer, and print them or share them online for friends and family to enjoy. Do your homework — compare camera features to choose those you need (...) at the price you can afford Practice, practice, practice — learn to use camera settings, how to compose good shots, and how light affects a picture The darkroom is now digital — use free software to organize and edit your photos Learn to share — print your pictures at home or through a service, e-mail them to friends, set up an online photo album, or show them off in a digital picture frame Open the book and find: How to pick the camera that best fits your budget and needs Tips for taking great travel photos Accessories you might want for your camera How to get really good pictures of kids and pets Easy ways to get photos from your camera to your computer Tips and tricks for editing pictures on a computer Good reasons for putting your pictures online. (shrink)

This article describes a new type of medical-legal partnership (MLP) that targets the health and justice concerns of people enmeshed in the U.S criminal justice system: a partnership between clinicians who care for people with criminal system involvement and public defenders. This partnership offers an opportunity to not only improve patient health outcomes but also to facilitate less punitive court dispositions, such as jointly advocating for community-based rehabilitation and treatment rather than incarceration.

To address climate change fairly, many conflicting claims over natural resources must be balanced against one another. This has long been obvious in the case of fossil fuels and greenhouse gas sinks including the atmosphere and forests; but it is ever more apparent that responses to climate change also threaten to spur new competition over land and extractive resources. This makes climate change an instance of a broader, more enduring and - for many - all too familiar problem: the problem (...) of human conflict over how the natural world should be cared for, protected, shared, used, and managed. -/- This work develops a new theory of global egalitarianism concerning natural resources, rejecting both permanent sovereignty and equal division, which is then used to examine the problem of climate change. It formulates principles of resource right designed to protect the ability of all human beings to satisfy their basic needs as members of self-determining political communities, where it is understood that the genuine exercise of collective self-determination is not possible from a position of significant disadvantage in global wealth and power relations. These principles are used to address the question of where to set the ceiling on future greenhouse gas emissions and how to share the resulting emissions budget, in the face of conflicting claims to fossil fuels, climate sinks, and land. It is also used to defend an unorthodox understanding of responsibility for climate change as a problem of global justice, based on its provenance in historical injustice concerning natural resources. (shrink)

This article starts off with a historical section showing that deep disagreements among notions of social and political justice are a characteristic feature of the history of political thought. Since no agreement or consensus on distributive justice is possible, the article argues that political philosophers should – instead of continuously proposing new normative theories of justice – focus on analyzing the reasons, significance, and consequences of such kinds of disagreements. The next two sections are analytical. The first (...) sketches five possible reasons for deep disagreements among notions of social and political justice. The second discusses the meta-ethical relevance of the lack of consensus on justice and rejects ethical realism and cognitivism based on the argument from deep disagreements. (shrink)

Extreme inequality of opportunity leads to a number of social tensions, inefficiencies and injustices. One issue of increasing concern is the effect inequality is having on people’s fair chances of attaining meaningful work, thus limiting opportunities to make a significant positive contribution to society and reducing the chances of living a flourishing life and developing their potential. On a global scale we can observe an increasingly uneven provision of meaningful work, raising a series of ethical concerns that need detailed examination. (...) The aim of this article is to explore the potential of a normative framework based upon the idea of contributive justice to defend a fairer provision of meaningful work. (shrink)

We present a vignette study conducted with a quota sample of the German population (n = 400). Subjects had to redistribute a good between two hypothetical persons who contributed equally to the available amount but differed in quantity needed and the reason for their neediness. On a within-subjects level, we tested for the effects of need, accountability, and resource availability on their third-party distribution decisions. Between subjects, we further varied the kinds of needs: The persons either needed the good (...) as a means to survive, to live a decent life, to participate in society, or to be autonomous. Despite equal productivity, the mean share allocated to the needier person was significantly higher than an equal share. However, this share turned out significantly smaller when the needier person was accountable for needing more than the other. Nonetheless, even if accountable, the needier person still got a share larger than their contribution would suggest. When there was a surplus of resources, the needier person got an even higher share than when resources were scarce. (shrink)

This article lays out a capabilities and justice-based approach to the development of adaptation policy. While many theories of climate justice remain focused on ideal theories for global mitigation, the argument here is for a turn to just adaptation, using a capabilities framework to encompass vulnerability, social recognition, and public participation in policy responses. This article argues for a broadly defined capabilities approach to climate justice, combining a recognition of the vulnerability of basic needs with (...) a process for public involvement. Such an approach can be used to engage stakeholders with varied perceptions of what is at risk, and to develop priorities for adaptation policy. It addresses both individual and community-level vulnerabilities, and acknowledges that the conditions of justice depend on a functioning, even if shifting, environment. (shrink)

Income redistribution and insurance are core functions of welfare states. What role should the EU play in this domain? I examine the purchase of normative theorizing on social justice on this question, focusing on the contrast between three models of EU involvement: the EU as Support, which implies the sharing of resources through intergovernmental transfers; the EU as Provider, which implies EU cross‐border transfers towards individual citizens; the EU as Norm‐setter, which implies that the EU formulates normative policy ideals. (...) I review different accounts of justice for the EU and how they bear on the choice between these models of EU involvement. Conceptions of “background justice” have some purchase in a debate on the EU's role, but that purchase is limited. They need to be complemented by shared conceptions of domestic justice and a degree of moral cosmopolitanism. I argue that a “European Social Union” should be a Support and Norm‐setter in the realm of insurance and redistribution. Through the establishment of interstate insurance, it would be a true “insurance union.” It would engage in interstate redistribution, but there are no compelling reasons of justice for it to become a direct Provider of insurance or redistribution towards individual citizens. (shrink)

Can the need for incentives justify inequality? Starting from this question, Frank Vandenbroucke examines a conception of justice in which both equality and responsibility are involved. In the first part of the inquiry, which explores the implementation of that conception of justice, the justification of incentives assumes that agents make personal choices based only upon their own interests. The second part of the book challenges the idea that a normative conception of distributive justice can be (...) class='Hi'>based on that traditional assumption, i.e. that personal choices are not the subject matter of justice. Thus, Vandenbroucke questions the Rawlsian idea that the primary subject of a theory of justice is the basic structure of society, and not the individual conduct of its citizens. For a society to be really just, the ethos of individual conduct has to serve justice. Non-mathematical readers can skip the formal model proposed in Chapter 3 and understand the rest of the book. (shrink)

David Braybrooke argues that meeting people’s needs ought to be the primary goal of social policy. But he then faces the problem of how to deal with the fact that our most pressing needs, needs to be kept alive with resource-draining medical technology, threaten to exhaust our resources for meeting all other needs. I consider several solutions to this problem, eventually suggesting that the need to be kept alive is no different in kind from needs (...) to fulfill various projects, and that needs may have a structure similar to rights, with people’s legitimate needs serving as constraints on each other’s entitlements to resources. This affords a set of axioms constraining possible needs. Further, if, as Braybrooke thinks, needs are created by communities approving projects, so that the means to prosecute the projects then come to count as needs, then communities are obliged to approve only projects that are co-feasible given the world’s finite resources. The result is that it can be legitimate not to funnel resources towards endless life-prolongation projects. (shrink)

External economic aid has played an important role in Northern Ireland’s peacebuilding process, particularly by funding community-based intervention projects.As a consequence of the Troubles, Northern Ireland suffered from severe socioeconomic inequality. These locally funded projects have fostered social cohesion by encouraging cross community interaction aimed at reducing violence and sectarianism. The NGO projects also promote social justice, reduce inequality, and provide the means to meet people’s basic human needs. The field research for this article was conducted during (...) the summer of 2010 and explores the perceptions of 120 civil society leaders and funding agency development officers on the effectiveness of the aid from the IFI and EU Peace III Fund in creating local social-economic NGOs to promote equity, equality, and social justice. The findings of this study reveal significant diversity in the respondents’ descriptions of the aids’s role in promoting equality, equity, and social justice as well as their expressed hopes and frustrations regarding its overall effectiveness. (shrink)

Through its adoption of the biomedical model of disease which promotes medical individualism and its reliance on the individual-based anthropology, mainstream bioethics has predominantly focused on respect for autonomy in the clinical setting and respect for person in the research site, emphasizing self-determination and freedom of choice. However, the emphasis on the individual has often led to moral vacuum, exaggeration of human agency, and a thin (liberal?) conception of justice. Applied to resource-poor countries and communities within developed countries, (...) autonomy-based bioethics fails to address the root causes of diseases and public health crises with which individuals or communities are confronted. A sociological explanation of disease causation is needed to broaden principles of biomedical ethics and provides a renewed understanding of disease, freedom, medical practice, patient-physician relationship, risk and benefit of research and treatment, research priorities, and health policy. (shrink)

Résumé: Ce chapitre porte sur les théories de la justice distributive entre générations. La première partie discute trois défis à la possibilité même de parler d’obligations de justice intergénérationnelle : le problème de la non-existence, le problème de la non-identité, la conclusion répugnante. La deuxième partie discute la justification et la définition des obligations de justice à l’égard des générations futures, à partir de trois théories : le suffisantisme, le welfarisme, le principe de juste épargne de Rawls. (...) Cette discussion conclut que : (i) la version la plus plausible du suffisantisme prôné par le célèbre rapport Brundtland est un suffisantisme multiniveaux, qui permet de prioriser la satisfaction des besoins de base des différentes générations tout en reconnaissant l’importance de garantir les aspirations dans un second temps. (ii) Le problème de la malléabilité des préférences futures semble de prime abord une objection décisive contre le welfarisme intergénérationnel : même si nous leur léguions très peu de ressources et un environnement dégradé, nous pourrions apprendre aux générations suivantes à adapter leurs préférences à cette situation. Nous montrons que le welfarisme peut répondre à cette objection. (iii) Une interprétation à la fois suffisantiste et limitiste du principe de juste épargne rawlsien est proposée : l’épargne intergénérationnelle est requise jusqu’à ce que le capital accumulé suffise à maintenir les institutions justes ; sous la forme de croissance des richesses matérielles, l’épargne intergénérationnelle est prohibée au-delà d’une certaine limite car elle érode le sens de la justice. La troisième partie aborde la question de la mise en œuvre de la justice intergénérationnelle en contexte non-idéal. -/- Abstract This chapter is about distributive justice between generations. The first part discusses three challenges to the meaningfulness of talking about obligations of intergenerational justice: the non-existence problem, the non-identity problem, the repugnant conclusion. The second part discusses the justification and definition of justice obligations towards future generations, according to three theories: sufficientarianism, welfarism, Rawls’s just savings principle. This discussion reaches three conclusions. (i) The most plausible version of Brundtland’s sufficientarianism is multilevels sufficientarianism, which enables us to prioritize meeting the basic needs of each generation over the fulfilment of their aspirations, without denying the importance of realizing these aspirations once needs are being met. (ii) At a first glance, the fact that future preferences are malleable seems a problem for intergenereational welfarism and a decisive objection against it. Even if we bequeathed very little resources and a degraded environment to the next generation, we could teach them to adapt their preferences to this situation. We argue that welfarism can answer this objection. (iii) We propose an interpretation of Rawls’s just savings principle that is both sufficientarian and limitarian. Intergenerational savings are required until enough capital is accumulated to maintain just institutions over time. Intergenerational savings in the form of material wealth growth is prohibited beyond a certain limit because it erodes the sense of justice. The third part addresses how to implement intergenerational justice in a non-ideal context. (shrink)

Cox and Fritz state the central problem as the absence of a framework for healthcare policy decisions; but, they overlook the theoretical underpinnings of public law. In response, they propose a two-step procedure to guide fair decision-making. The first step relies on Thomas Scanlon’s ‘contractualism’ for stakeholders to consider whether, or not, they could reasonably reject policy proposals made by others; then in the second step, John Rawls’s principles of justice are applied to these proposals; a fair policy requires (...) to pass both steps. I argue that Cox and Fritz misinterpret Rawls. His theory has two stages: first, public reason is used to generate principles of justice; second, public reason is used to interpret and apply these principles. The second stage requires that proposals are based on the principles of justice from the first stage, and these proposals have to be acceptable to reasonable persons. Thus, Rawls’s theory does not need Scanlonian supplementation. Moreover, the application of Rawls’s theory in Cox and Fritz’s model is confusing. In any case, the problems with applying Rawlsian justice to healthcare can be located elsewhere. First, Rawls’s theory would treat healthcare simply as a ‘primary good’ or resource. Social justice ought to, instead, consider healthcare as an opportunity, in the manner conceived by Amartya Sen. Second, Rawlsian justice rests, ultimately, on the conception of a reasonable person; until and unless the characteristics of reasonable stakeholders are clarified, any model of health justice will remain hostage to the unreasonable. (shrink)

Need-claims are ubiquitous within moral and political theory. However, need-based theories are often criticized for being too narrow in scope and too focused on the material preconditions for leading a decent life for grounding a substantial theory of social justice. The aim of this paper is threefold. Firstly, it will investigate the nature and scope of needs by analysing existing conceptualizations of the idea of needs. In so doing, we will get a better understanding of (...) class='Hi'>needs, which will help us to carve out the importance and singularity of basic need claims. Secondly, on the basis of the analysis of needs, it will argue for the concept of a fundamental interest in free social agency, which is much better suited than the idea of basic needs actually to ground a theory of social justice, as it highlights the social and institutional conditions for free agency. Thirdly, using the distinction between basic needs and fundamental interests, it will clarify their respective role in and importance for grounding moral principles. Overall, the paper offers a friendly critique of need-based theories, while arguing for a shift of focus to the idea of fundamental interests. (shrink)

From the day on which humans are born they need things. Some of these needs seem “basic,” such as our needs for food, water or shelter. Everybody has these needs. We cannot escape them. We also cannot escape the serious harm that arises when these needs remain unsatisfied. It is thus no wonder that in thinking about what we ought to do some researchers have suggested to first and foremost focus on people's basic needs. Such (...) need‐based theories must answer three main questions: What are basic needs? What are their implications for normative questions? And how can these needs and their satisfaction be measured? Proponents must also defend these theories against objections, such as against the objections that the theories are paternalistic, materialistic, and passivity‐promoting. Depending on their goals and contexts (distributive justice, sustainable development, human rights, etc.), appeals to basic needs may take various different forms. (shrink)

To a great extent, recent discussion of global obligations has been couched in the language of human rights. I argue that this is a mistake. If, as many theorists have supposed, a normative theory applicable to obligations of global justice must also respect the needs of justice internal to recipient nations, any such theory cannot take human rights as an important moral notion. Human rights are inapplicable for the domestic justice of poor nations, and thus cannot (...) form a plausible basis for international justice. Instead, I propose an alternative basis, a form of welfarist maximizing consequentialism. My alternative is superior to rights-based theories in dealing with the special problems of justice found in poor nations. (shrink)

Carol Gilligan has identified two orientations to moral understanding; the dominant justice orientation and the under-valued care orientation. Based on her discernment of a voice of care, Gilligan challenges the adequacy of a deontological liberal framework for moral development and moral theory. This paper examines how the orientations of justice and care are played out in medical ethical theory. Specifically, I question whether the medical moral domain is adequately described by the norms of impartiality, universality, and equality (...) that characterize the liberal ideal. My analysis of justice -oriented medical ethics, focuses on the libertarian theory of H.T. Engelhardt and the contractarian theory of R.M. Veatch. I suggest that in the work of E.D. Pellegrino and D.C. Thomasma we find not only a more authentic representation of medical morality but also a project that is compatible with the care orientation's emphasis on human need and responsiveness to particular others. (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)

The issue of justice after catastrophe is an enormous challenge to contemporary theories of distributive justice. In the past three decades, the controversy over distributive justice has centered on the ideal of equality. One of intensely debated issues concerns what is often called the “equality of what,” on which there are three primary views: welfarism, resourcism, and the capabilities approach. Another major point of dispute can be termed the “equality or another,” about which three positions debate: egalitarianism, (...) prioritarianism, and sufficientarianism. On these topics of distributive justice, authors are concerned with the current difference between the better-off and the worse-off or the present situation of the badly-off. By contrast, it is essential to take account of the past distribution of well-being as well as the present situation in order to explore questions of post-catastrophe justice. Without looking at the pre-disaster distribution of income, preference satisfaction, or basic capabilities among affected people, no present assessment of the damage caused by the disaster could be correct and no proposed remedy adequate. It is true that luck egalitarians assess the current distribution among people by referring to the decision that each individual made. Yet they pay scant attention to the situation in which each one stayed in the past. Therefore, we can legitimately say that most theorists of distributive justice, including luck egalitarians, have failed to give consideration to the past state of each person. -/- To fill this gap in the literature, the present article explores philosophical questions that arise when we take account of each person’s past and present situations in discussing distributive justice regarding public compensation and assistance to survivors and families of victims of natural and industrial disasters. In addressing these novel questions, I develop and refine various concepts, ideas, and arguments that have been presented in the study of distributive justice in normal settings. I tackle two tasks, the first of which is to explore the foundation and scope of luck egalitarianism. Despite the moral appeal it has in many cases, luck egalitarianism has attracted the so-called harshness objection. Some luck egalitarians attempt to avoid this objection in a pragmatic way by combining the luck egalitarian doctrine with the principle of basic needs satisfaction. However, they do not provide any systematic rationale for this combination. In contrast with such pragmatic responses, I seek to offer a principled argument for holding individuals responsible for their choices only when their basic needs are met, by invoking the ideas of respect for human voluntariness and rescue of human vulnerability. Based on this argument, I propose a form of responsibility-sensitive theory, which considers the pre-disaster distribution of well-being as a default position. The second task I take on is to refine sufficientarianism in the context of post-catastrophe justice. Luck egalitarianism with boundaries set by the basic needs principle seems to indicate the potential for sufficientarianism. But major proponents of this view conceive the welfarist assumption, a considerably high standard of well-being, and the controversial treatment of persons staying below the threshold, all of which seem problematic in the post-disaster situation. I try to construct a new version of sufficientarianism by replacing these current features with more robust ones. (shrink)

n this paper, I argue that political solidarity is important to justice. At its core, political solidarity is a relational concept. To be in a relation of political solidarity, is to be in a relation of connection or unity with one’s fellow citizens. I argue that fellow citizens can be said to stand in such a relation when they have attitudes of collective identification, mutual respect, mutual trust, and mutual support and loyalty toward one another. I argue that political (...) solidarity, so conceived, is an integral element of a theory of justice. I argue that there are distinctly social bases for political solidarity and that justice requires that we promote these. Furthermore, as an example of the sort of social and political arrangements that might encourage political solidarity, I discuss Canada’s response to the recent H1N1 pandemic and the failings of this response with respect to members of the Aboriginal community within Canada. I argue that ensuring that members of the Aboriginal community had equal access to the goods they needed to protect themselves against H1N1 infection would have promoted relations of political solidarity and, in turn, would have promoted justice more effectively. (shrink)