Justice in Applied Ethics

The COVID-19 pandemic has intensified the extent to which economies in the developed and developing world rely on gig workers to perform essential tasks such as health care, personal transport, food and package delivery, and ad hoc tasking services. As a result, workers who provide such services are no longer perceived as mere low-skilled laborers, but as essential workers who fulfill a crucial role in society. The newly elevated moral and economic status of these workers increases consumer demand for corporate (...) social responsibility regarding this stakeholder group – specifically for practices that increase worker freedom and rewards. We provide algorithmic tools for online labor platforms to meet this demand, thereby bolstering their social purpose and ethical branding while better protecting themselves from future reputational crises. To do so, we advance a managerial strategy rooted in moral self-awareness theory in order to leverage customers’ virtuous self-perception and increase gig-worker freedom. (shrink)

With the increasing use of algorithms in high-stakes areas such as criminal justice and health has come a significant concern about the fairness of prediction-based decision procedures. In this article I argue that a prominent class of mathematically incompatible performance parity criteria can all be understood as applications of John Broome’s account of fairness as the proportional satisfaction of claims. On this interpretation these criteria do not disagree on what it means for an algorithm to be fair. Rather they express (...) different understandings of what grounds a claim to a good being allocated by an algorithmic decision procedure. I then argue that an important implication of the Broomean interpretation is that it strengthens the case for outcome-based criteria. Finally, I consider how a version of the levelling-down objection to performance parity criteria arises within the Broomean account. (shrink)

Given the sordid history of injustices linking genetics to race and ethnicity, considerations of justice are central to ensuring the responsible development of precision medicine programmes around the world. While considerations of justice may be in tension with other areas of concern, such as scientific value or privacy, there are also be tensions between different aspects of justice. This paper focuses on three particular aspects of justice relevant to this context: social justice, distributive justice and human rights. The implications of (...) each for the use of race and ethnicity in precision medicine is described, along with how they intersect and potentially conflict with one another. By attending to these intersections, we aim to enrich and add nuance to debates over how best to proceed with precision medicine initiatives. (shrink)

According to influential view, using the criminal law against innocent actions or agents is wrong. In this paper, I consider four related arguments against this view: a debunking argument that suggests that the intuitive appeal of this view may be due to a conflation of different ideas; a counterexamples argument that points out that there are many cases in which using the criminal law against innocent actions ("non mala" actions that are not even "mala prohibita") or agents is justified; a (...) theoretical argument, according to which the force of the reasons for and against using the criminal law is a matter of degree and it is therefore implausible to hold that the latter always defeat the former; and an analogy argument, which holds that it is implausible to maintain that harming innocents is often justified in other contexts but (almost) never in the context of the criminal law. (shrink)

In this article, I examine what Kant’s Formula of Universal Law requires of an individual agent in situations of great need, e.g.: if you can easily help a drowning child, or if you know of a famine situation in another country. I first explain why I do not simply apply the standard interpretation of how one can derive concrete duties from Kant’s Universal Law formulation of the Categorical Imperative. I then glean an alternative procedure from Kant’s texts and give the (...) reasons for using that interpretation. Finally, I apply the alternative procedure to situations of great need. – According to the interpretation I glean from Kant’s texts, one should not make an exception to laws that we believe to be objectively necessary, whereby we derive these rules from universal ends of humankind. Since we take survival as one of the universal ends of mankind, we deem helping someone whose life is in danger as objectively necessary. The formal Categorical Imperative demands that one does not make an exception to this rule. Applying this interpretation to cases of great need depends on at least three factors: how urgent the need is, how great the costs are to the one who helps, and how many people can help. But at one extreme, where you are the only one who can easily save an innocent person’s life, the Kantian procedure generates a strict duty to help the other in need. (shrink)

The shortage conditions created by the COVID-19 pandemic have been changing our ordinary way of life around the world since the beginning of 2020. Such conditions pose a challenge for shaping a cohesive theory of justice—one that takes non-ideal circumstances as necessary for the model. These conditions also interfere with agents’ moral capacity in ways that make it difficult for them to tell what is morally relevant, which impairs their ability to identify what actions are just. To shed light on (...) these problems, I turn to David Hume’s theory of justice as a test case to portray how outer conditions shape an agent’s inner conditions and affect the foundation of our moral perception of what is just. (shrink)

How should an impartial social observer judge distributions of well-being across different individuals when there is uncertainty regarding the state of the world? I explore this question by imposing very weak conditions of rationality and benevolent sympathy on impartial betterness judgments under uncertainty. Although weak enough to be consistent with all the main theories of rationality, these conditions prove to be sufficient to rule out any heterogeneity in what is good for individuals, to require a neutral attitude to uncertainty on (...) the part of the social observer, and to require that both individual and social betterness be strongly separable. (shrink)

Introduction Conceptual Distinctions: Work, Labor, Employment, Leisure The Value of Work and the ‘Anti-Work’ Critique Work, Meaning, and Dignity Work and Distributive Justice Work and Contributive Justice Work and Productive Justice Work and its Future BIBLIOGRAPHY .

The collapse of society is inevitable, even if it is in the distant future. When it collapses, it is likely to do so within the lifetimes of some people. These people will have matured in pre-collapse society, experience collapse, and then live the remainder of their lives in the post-collapse world. I argue that this group of people—the transitional generation—will be the worst off from societal collapse, far worse than subsequent generations. As the transitional generation, they will suffer disparately. This (...) intergenerational disparity in suffering is inequitable. Given that other disparities in suffering are worthy of remediation, this intergenerational disparity in suffering is worthy of remediation. However, the only way to do so is to target the mental states of the members of the transitional generation. (shrink)

A considerable literature has emerged around the idea of using ‘personal responsibility’ as an allocation criterion in healthcare distribution, where a person's being suitably responsible for their health needs may justify additional conditions on receiving healthcare, and perhaps even limiting access entirely, sometimes known as ‘responsibilisation’. This discussion focuses most prominently, but not exclusively, on ‘luck egalitarianism’, the view that deviations from equality are justified only by suitably free choices. A superficially separate issue in distributive justice concerns the two–way relationship (...) between health and other social goods: deficits in health typically undermine one's abilities to secure advantage in other areas, which in turn often have further negative effects on health. This paper outlines the degree to which this latter relationship between health and other social goods exacerbates an existing problem for proponents of responsibilisation (the ‘harshness objection’) in ways that standard responses to this objection cannot address. Placing significant conditions on healthcare access because of a person's prior responsibility risks trapping them in, or worsening, negative cycles where poor health and associated lack of opportunity reinforce one another, making further poor yet ultimately responsible choices more likely. It ends by considering three possible solutions to this problem. (shrink)

The aim of this chapter is to articulate the ways in which our social standing, and particularly our socio-economic status (SES), affects, even transforms, the experience of boredom. Even if boredom can be said to be democratic, in the sense that it can potentially affect all of us, it does not actually affect all of us in the same way. Boredom, I argue, is unjust—some groups are disproportionately negatively impacted by boredom through no fault of their own. Depending on our (...) social position and self and others’ perceptions of our SES, we can experience it more frequently, more intensely, and in ways that either leave us incapable of alleviating it or push us to harmful and maladaptive responses to it. Hence, seen in a socio-economic light, boredom can become a serious threat to our physical and psychological well-being. Insofar as freedom to pursue and achieve one’s well-being is essential to human life and a primary concern of contemporary liberal societies, boredom should be considered to be a social justice issue. The disproportionately negative effects of boredom on lower SES groups indicate the profound ways that boredom affects individuals and further disadvantages those who are already in marginalized positions. Contrary to many historical accounts, boredom is not only the experience of the elite, the wealthy, or those with ample free time. In our current political, social, and economic climate, boredom is primarily the experience of the less privileged, the disadvantaged, and the marginalized. (shrink)

Una sintetica introduzione alle principali questioni etiche e filosofiche riguardanti la comunicazione sanitaria: la comunicazione fra medico e paziente e quella fra istituzioni, sanitari e cittadini. In uno scenario in cui autonomia e consenso della persona sono sempre più rilevanti nelle scelte di cura e di tutela della salute, l’autrice delinea un quadro concettuale aggiornato per affrontare temi problematici come la comunicazione della diagnosi, l’impostazione delle campagne di prevenzione e salute pubblica, il ruolo dei medici come esperti nei media. -/- (...) Indice del volume: Introduzione. - I. Concetti per la bioetica. - II. La comunicazione tra medico e paziente. - 3. La comunicazione delle istituzioni sanitarie. - IV. Gli esperti e i media nella comunicazione della salute. - Riferimenti bibliografici. - Indice analitico. -/- . (shrink)

Climate change increases the frequency and intensity of certain kinds of natural hazard events in alpine areas. This interdisciplinary study addresses the hypothetical possibility of relocating the residents of three alpine areas in Austria: the Sölk valleys, the Johnsbach valley, and the St. Lorenzen/Schwarzenbach valleys. Our particular focus is on these residents’ expectations about such relocations. We find that (1) many residents expect that in the next decades the state will provide them with a level of natural hazards protection, aid, (...) and relief that allows them to continue to live in these valleys; (2) this expectation receives some legal protection but only when it is associated with fundamental rights; and (3) the expectation is morally significant, i.e., it ought to be considered in assessing the moral rightness or justness of relocation policies. These results suggest legal changes and likely extend to many other (Austrian) alpine areas as well. (shrink)

Achieving energy sovereignty is increasingly gaining prominence as a goal in energy politics. The aim of this paper is to provide a conceptual analysis of this principle from an ethics and social justice perspective. We rely on the literature on food sovereignty to identify through a comparative analysis the elements energy sovereignty will most likely demand and thereafter distinguish the unique constituencies of the energy sector. The idea of energy sovereignty embraces a series of values, among which we identified: (i) (...) accessibility, to allow access to everyone, (ii) empowerment and recognition, to develop and sustain capabilities to collaboratively produce solution-oriented energy system knowledge and effectively participate in governance, (iii) stewardship and sustainability, to be able to design and manage decentralised renewable systems in view of protecting the environment, (iv) self-sufficiency, to reduce the negative shocks of exploitative business practises, (v) resilience, to maintain production capacities while withstanding socioeconomic, political, environmental and climatic shocks, (vi) peace, to establish production systems that do not involve hostile relations, (vii) transparency and self-determination, to establish democratic decision-making mechanisms that give a voice to previously underrepresented groups and limit corporate takeover (viii) gender-justice, by acknowledging the contributions of women and eliminate barriers to their empowerment. With a conceptual framework of energy sovereignty, we present a rationale that draws on the key values to be considered when formulating policy solutions for the energy sector. (shrink)

Neurological interventions are sometimes used to prevent criminal behavior. For instance, in some jurisdictions, sex offenders can be compelled to undergo treatment designed to reduce sexual desire. As David Birks and Thomas Douglas observe in their introduction to this volume, “chemical castration” may be just the tip of the iceberg. As neuroscience advances, it could reveal many other ways to control criminality. For instance, pharmacological treatments may help combat violent behavior or drug abuse. Such “crime-preventing neurointerventions” have been controversial. On (...) the one hand, proponents argue that CPNs could be both more effective and more humane than incarceration. On the other, critics argue that coercively imposed CPNs violate individual rights and that society has a poor track record of using medical interventions for social control. The nineteen original essays in this book comprehensively cover and effectively advance the moral debate over the appropriate use of CPNs. (shrink)

Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present. For example, justified Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in circumstance, this (...) does not entail that claims to reparation are. In contrast, claims to reparation are robust to changes in circumstance. (shrink)

There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...) two related questions that are raised when moving from moral to legal duties: First, on what ground does the state have the authority to dictate that one’s needs should be met in the way specified by a particular legal duty? Second, does a special relationship exist that legitimizes the establishment of such legal duties? (shrink)

In this review, we present some ethical imperatives observed in this pandemic from a data ethics perspective. Our exposition connects recurrent ethical problems in the discipline, such as, privacy, surveillance, transparency, accountability, and trust, to broader societal concerns about equality, discrimination, and justice. We acknowledge data ethics role as significant to develop technological, inclusive, and pluralist societies. - - - Resumen: En esta revisión, exponemos algunos de los imperativos éticos observados desde la ética de datos en esta pandemia. Nuestra exposición (...) busca conectar problemas éticos típicos dentro de esta disciplina, a saber, privacidad, vigilancia, transparencia, responsabilidad y confianza, con preocupaciones a nivel social relacionadas con la igualdad, discrimi nación y justicia. Consideramos que la ética de datos tiene un rol significativo para desarrollar sociedades tecnificadas, inclusivas y pluralistas. (shrink)

The utterance of morals or morality within a communist space is one that may, in the best of cases, raise a few eyebrows or, in the worst of cases, summon calls for condemnation or accusations of being unscientific. The subject of communist morality is one that is often ignored within the broader revolutionary left, while at the same time—especially within our current insurrectionary moment—beckons to be engaged with. As the hydra of neoliberalism begins its inevitable collapse, throwing capitalism once more (...) into a global crisis—and thusly its imperialist head begins to twist fascistically from the periphery back inward toward the United States and Europe—these categories that before seemed abstract and idealistic suddenly become vivid and tangible. Evil is how these injustices are described—in a non-hyperbolic fashion—by those engaged in the frontlines of revolutionary activity. So why is morality eschewed and denounced in left academic discourse? Are morals solely the provenance of the reactionary right or the dreamy idealist? (shrink)

The topic of alienation has fallen out of fashion in social and political philosophy. It used to be salient, especially in socialist thought and in debates about labor practices in capitalism. Although the lack of identification of people with their working lives—their alienation as workers—remains practically important, normative engagement with it has been set back by at least four objections. They concern the problems of essentialist views, a mishandling of the distinction between the good and the right, the danger of (...) paternalistic impositions, and the significance of democratic authorization. This paper recasts the critique of alienation in a way that vindicates its importance for social and political philosophy and rebuts these objections. First, it provides an analytic framework to understand alienation—distinguishing its various conceptual, explanatory, and normative dimensions. Second, it accounts for the normative aspect of the critique of alienation by articulating it in terms of prudential and moral ideas of positive freedom regarding human flourishing and solidaristic empowerment. Finally, the normative account is developed further, and sharpened to respond to the four objections, through the introduction of the Dignitarian Approach—the view that we have reason to organize social life in such a way that we respond appropriately to the valuable features of individual human beings that give rise to their dignity. (shrink)

In this paper, I argue that the principle of respect for autonomy can serve as the basis for laws that significantly limit conduct, including orders mandating isolation and quarantine. This thesis is fundamentally at odds with an overwhelming consensus in contemporary bioethics that the principle of respect for autonomy, while important in everyday clinical encounters, must be 'curtailed', 'constrained', or 'overridden' by other principles in times of crisis. I contend that bioethicists have embraced an indefensibly 'thin' notion of autonomy that (...) uproots the concept from its foundations in Kantian ethics. According to this thin conception, respect for autonomy, if unconditioned by competing principles (beneficence, justice, non-maleficence) would give competent adults the right to do anything they desired to do so long as they satisfied certain baseline psychological conditions. I argue that the dominant 'principlist' model of bioethical reasoning depends on this thin view of autonomy and show how it deprives us of powerful analytical tools that would help us to think seriously about the foundations of human rights, justice, and law. Then, I offer a brief sketch of a 'thick', historically grounded notion of autonomy and show what we could gain by taking it seriously. (shrink)

The guiding premise from which this special report begins is the conviction and hope that justice is at the normative heart of medicine and that it is the perpetual task of bioethics to bring concerns of justice to bear on medical practice. On such an account, justice is medicine's lifeblood, that by which it contributes to life as opposed to diminishing it. It is in this larger, historical, intersectional, critical, and ethically minded context that we must approach pressing questions facing (...) medicine, including the question of the import and role of genomic knowledge for human life. The second premise is that, at least in principle, the knowledge generated by genomics can be a gift or a weight, or both at the same time. That is to say that, on the one hand, genomic knowledge is a gift, creating novel insights into the genetic drivers of disease and into the geographical paths of our ancestors. And on the other hand, it is a weight, creating new obligations, new forms of social classification, and new forms of surveillance. Because it is in many ways the “common sense” of the day that genomic knowledge is a gift, this special report, which contains nine essays, concentrates on the ways in which such knowledge can be a weight, a weight that has the potential to thwart—and historically has thwarted—medicine from genuinely advancing justice . (shrink)

Building on the work of John Rawls, this book offers a conception of ideal theory which provides practical guidance and a critical perspective on politics, institutions and society. The author develops this approach by discussing recent criticism of ideal theory by authors such as Amartya Sen and Raymond Geuss. Answering Sen’s criticism, the author proposes a novel account of feasibility in relation to ideal theory, especially with regard to ideal institutional design. As a reply to Geuss’ criticism, he discusses constructivist (...) approaches of moral theory-building. Building on this discussion, the book develops an account of practical ideal–theoretical thinking that can be used for evaluating and criticizing societies and can guide institutional design under nonideal conditions. (shrink)

2020 is the year of the first pandemic lived through the Internet. More than half of the world population is now online and because of self-isolation, our moral and social lives unfold almost exclusively online. Two pressing questions arise in this context: how much can we rely on the Internet, as a set of technologies, and how much should we trust online platforms and applications? In order to answer these two questions, I develop an argument based on two fundamental assumptions: (...) the development stage of today’s Internet is a contingent and not a necessary one and technologies are never neutral. My argument is that today’s pandemic produced an acceleration of the change which started almost 30 years ago, one of online migration, datafication and algorithmization of day to day life, a change in which digital technologies take on the classic role of institutions, both formal and informal. My thesis is a descriptive one, although it has some normative implications: this take over is not just a translation, but a modification or mutation which demands a creative collective answer, although users don’t have direct power over it. When they play the role of institutions, these technologies are surrogates or simulacra. I offer the paradigmatic case of online education, an experiment we were forced into because of the pandemic, in order to show that the institutional matrix of education cannot be reproduced online, due to the limitations of the medium and of the applications, especially those concerning physical presence. In the end I will critically address the question of the role played by Artificial Intelligence in the pandemic, and then I will show that the open source ethics was more useful in approaching scientifically and technologically the problems generated by the epidemic. (shrink)

This book defends an account of justice to nonhuman beings – i.e., to animals, plants etc. – also known as ecological or interspecies justice, and which lies in the intersection of environmental political theory and environmental ethics. More specifically, against the background of the current extinction crisis this book defends a global non-ranking biocentric theory of distributive ecological/interspecies justice to wild nonhuman beings, because the extinction crisis does not only need practical solutions, but also an account of how it is (...) the outcome of large-scale injustice. This book not only provides a novel theoretical framework that supports such a claim, but it also develops the theoretical tools to find just compromises between the entitlements of intraspecies and intra-human global distributive justice to ecological space for the purpose of working towards a vision of just conservation. -/- Content: 1. Introducing Ecological Justice 2. Political Non-Ranking Biocentrism 3. The Community of Justice 4. The Currency of Distributive Justice 5. The Principles of Distributive Justice 6. Ecological Justice and the Capabilities Approach 7. Biodiversity Loss: An Injustice? 8. Who Owns the Earth? 9. Visions of Just Conservation 10. Outlook for Implementation . (shrink)

Often described as an outcome, inequality is better understood as a social process -- a function of how institutions are structured and reproduced, and the ways people act and interact within them across time. Racialized inequality persists because it is enacted moment to moment, context to context -- and it can be ended should those who currently perpetuate it commit themselves to playing a different role instead. This essay makes three core contributions: first, it highlights a disturbing parity between the (...) people who are most rhetorically committed to ending racialized inequality and those who are most responsible for its persistence. Next, it explores the origin of this paradox – how it is that ostensibly antiracist intentions are transmuted into ‘benevolently racist’ actions. Finally, it presents an alternative approach to mitigating racialized inequality, one which more effectively challenges the self-oriented and extractive logics undergirding systemic racism: rather than expropriating blame to others, or else adopting introspective and psychologized approaches to fundamentally social problems, those sincerely committed to antiracism can take concrete steps in the real world – actions which require no legislation or coercion of naysayers, just a willingness to personally make sacrifices for the sake of racial justice. (shrink)

A challenge for the theorising of climate justice is that even when the agents whose actions are supposed to be regulated are cooperative and act in good faith, they may still disagree about how the burdens and benefits of dealing with climate change should be distributed. This article is a contribution to the formulation of a useful role for normative theorising in light of this bounded nature of climate justice. We outline a theory of pure procedural climate justice; its content, (...) function in relation to international climate diplomacy, and justification. The theory is ‘pure’ in the sense that it does not rely on an independent criterion of what are just outcomes in negotiations of climate responsibilities. Rather, it specifies procedural fairness norms, such as transparency, reciprocity and participation, which make the process of negotiation fair independently of which account of substantive climate justice happens to be correct. Such procedural fairness norms are justified in part by being expressions of an ideal of a reasonable negotiator, an ideal which itself commands respect. They are also justified as means to an effective coordinated response to dangerous climate change in virtue of their capacity to create trust, predictability and accountability. (shrink)

This paper offers a sketch of the complicated conflicts which arise—and metastasize seemingly daily—in the era of Big Data. Given the public’s ubiquitous-yet-ostensibly-voluntary data surrender, and industry’s ubiquitous-yet-ostensibly-anodyne collection of the same, inaction is not an option for any near-just society. By revisiting the philosophical basis for Panoptic apparatus, sketching the tumultuous history of US contract law trying to protect the public from itself, and comparing existing industry codes for similarly-situated—read: terrifyingly invasive—fields, the paper will provide a preliminary framework for (...) identifying and confronting the galaxy of problems associated with data analytics. (shrink)

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory (...) treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

This article argues that John Gardner’s theory of corrective justice in _From Personal Life to Private Law_ relies on an overly narrow account of wrongdoing, one that it too heavily influenced by law to capture the broader conception of corrective justice that is his topic. I will suggest that these problems are avoided by a reconciliation theory of corrective justice.

Often, an unconditional basic income (UBI) is seen as a means for reducing economic inequality. For many of its proponents, UBI is both just and efficient, which potentially makes it an effective means of redistribution. Among other reasons, this has led egalitarian theorists to view UBI as part of an egalitarian ideal society. However, this assessment mostly includes only immediate distributive implications of an implementation of UBI. From the perspective of egalitarian ideal theory, however, long-term distributive implications of institutional designs (...) are relevant as well. Especially, with respect to UBI, a proper investigation of its longterm political effects is lacking: Therefore, we need to investigate the long-term political stability of UBI. In this paper, I derive hypotheses regarding long-term political support for different variants of UBI by employing mechanisms of ‘policy feedback’. In addition, the article contributes to broader methodological debates within political theory by showing that ideal-theoretical approaches can be fruitful for practical questions. (shrink)

In recent years, the effective altruism movement has generated much discussion about the ways in which we can most effectively improve the lives of the global poor, and pursue other morally important goals. One of the most common criticisms of the movement is that it has unjustifiably neglected issues related to institutional change that could address the root causes of poverty, and instead focused its attention on encouraging individuals to direct resources to organizations that directly aid people living in poverty. (...) In this article, I discuss and assess this ‘institutional critique’. I argue that if we understand the core commitments of effective altruism in a way that is suggested by much of the work of its proponents, and also independently plausible, there is no way to understand the institutional critique such that it represents a view that is both independently plausible and inconsistent with the core commitments of effective altruism. (shrink)

Historically, the concept of androgyny has been as problematic as it has been appealing to Western progressives. The appeal clearly includes, inter alia, the opportunity to abandon or ameliorate certain identities. As for the problematic dimension, the central problem seems to be the reduction of otherness to the norms of straight white middle/upper-class Western cismen, particularly because of the consequent worsening of actual others’ marginalization and exclusion from social institutions. Despite these problems, I wish to suggest that androgyny—as evidenced by (...) the enthusiasm felt for it by many Westerners—bespeaks something larger and more important than the concept itself, and that modified conception of it might be helpful in pursuit of social justice. (shrink)

When is it fair that some people are less healthy than others due to their own individual choices and preferences? In this paper, I explore two alternative answers. The first is a luck-egalitarian account that holds people responsible for choices that society could have reasonably expected them to avoid. I argue that this account is indeterminate and go on to sketch an alternative proposal based on Rawls’s idea of a “social division of responsibility.” This latter approach connects the notion of (...) responsibility for health to the social conditions under which health-related behaviour is developed. (shrink)

This chapter develops a civic republican approach to disability justice. It begins by articulating a republican account of liberty as nondomination before showing how such domination can shape the relationships of people with disabilities. This leads to a consideration of whether disability justice can be defined in terms of maximizing or sufficient nondomination. Instead, the chapter provides a civic framework within which republican disability justice can be understood, encompassing both the absence of oppressive relationships and the presence of capabilities of (...) special egalitarian concern. It also considers some specific normative implications of a republican account of disability justice—doubting the suitability of contestatory democracy but pointing toward the merits of self-education and universal basic income. Finally, the objection that this republican approach to disability justice unreasonably denigrates dependence is rebutted. (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)

The concept of food sovereignty is becoming an element of everyday parlance in development politics and food justice advocacy. Yet to successfully achieve food sovereignty, the demands within this movement have to be compatible with the way people are pursuing consumer sovereignty, and vice versa. The aim of this article is to examine the different sets of demands that the two ideals of sovereignty bring about, analyze in how far these different demands can stand in constructive relations with each other (...) and explain why consumers have to adjust their food choices to seasonal production variability to promote food sovereignty and so secure future autonomy. (shrink)

Progressive stacking is a strategy for prioritizing in-class contributions that allows marginalized students to speak before non-marginalized students. I argue that this strategy is both pedagogically and ethically defensible. Pedagogically, it provides benefits to all students (e.g., expanded in-class discourse) while providing special benefits (e.g., increased self-efficacy) to marginalized students, helping to address historic educational inequalities. Ethically, I argue that neither marginalized nor non-marginalized students are wronged by such a policy. First, I present a strategy for self-disclosure that reduces the (...) risk of inadvertent, unwanted disclosure while respecting marginalized student autonomy in a manner analogous to accommodations provided under the Americans with Disabilities Act. Second, I argue that non-marginalized students are not wronged because such students are not silenced during discussion and because non-marginalized students benefit from the prioritization of marginalized voices. (shrink)

In this paper, we offer a Leftist critique of standard liberal defenses of the public school. We suggest that the standard arguments employed by mainstream liberal defenders of the public school are generally inadequate because they fail to provide a credible representation of their historical object, let alone effective remedies to our current problems. Indeed, many of these narratives, in our view, are grounded in fantasies about what public schools, or teaching and learning, are or could be, as much as (...) they are grounded in the historical realities of public schools or the realities of so-called privatization. We speculate whether the self identification of the proponents of this cause as ‘progressive’ is not part of this ideological construction and if the underlying political agenda is not in fact more conservative. (shrink)

Contrary to what he expected, Primo Levi didn’t experience his life after being released from Auschwitz as cheerful and light-hearted. He – like many other survivors – was haunted by an obscure and solid anguish. It took some effort for him to discern the object or source of this anguish. He finally identified it as springing from a sense of shame or guilt in front of the drowned, that is, of those who were exterminated in the Lager. He could not (...) determine, however, whether his shame or guilt was at all rational. In this paper l examine Levi’s shame in light of what I regard as the dominant conception of practical deliberation, according to which principles and emotional detachment are central to our ability to deliberate appropriately. This conception underlies the role that John Rawls ascribes to the original position in the determination of the fundamental principles of justice. Deliberation in the original position is supposed to abstract away from any particular moral situations that one may actually have faced, since these are purely circumstantial elements to be discarded as both irrelevant and misleading for a proper deliberation on the principles of justice. In this paper, I intend both to make a case against the conception of practical deliberation on which Rawls’ original position relies and to vindicate the rationality of Levi’s shame, once some well-entrenched assumptions are brought to light and challenged. (shrink)

Accounts of solidarity typically defend it in teleological or loyalty terms, justifying it by invoking its goal of promoting justice or its expression of support for a shared community. Such solidarity seems to be a moral option rather than an obligation. In contrast, A Moral Theory of Solidarity develops a deontological theory grounded in equity. With extended reflection on the Spanish conquest of the Americas and the US Civil Rights movement, Kolers defines solidarity as political action on others' terms. Unlike (...) mere alliances and coalitions, solidarity involves a disposition to defer to others' judgment about the best course of action. Such deference overrides individual conscience. Yet such deference is dangerous; a core challenge is then to determine when deference becomes appropriate.Kolers defends defernce to those who suffer gravest inequity. Such deference constitutes equitable treatment, in three senses: it is Kantian equity, expressing each person's equal status; it is Aristotelian equity, correcting general rules for particular cases; and deference is 'being an equitable person,' sharing others' fate rather than seizing advantages that they are denied. Treating others equitably is a perfect duty; hence solidarity with victims of inequity is a perfect duty. Further, since equity is valuable in itself, irrespective of any other goal it might promote, such solidarity is intrinsically valuable, not merely instrumentally valuable. Solidarity is then not about promoting justice, but about treating people justly. A Moral Theory of Solidarity engages carefully with recent work on equity in the Kantian and Aristotelian traditions, as well as the demandingness of moral duties, collective action, and unjust benefits, and is a major contribution to a field of growing interest. (shrink)

Is gossip ever appropriate as a response to other people’s misdeeds or character flaws? Gossip is arguably the most common means through which communities hold people responsible for their vices and transgressions. Yet, gossiping itself is traditionally considered wrong. This essay develops an account of social punishment in order to ask whether gossip can serve as a legitimate means of enforcing moral norms. In the end, however, I argue that gossip is most likely to be permissible where it resembles punishment (...) as little as possible. (shrink)

John Broome has proposed a theory of fairness according to which fairness requires that agents’ claims to goods be satisfied in proportion to the relative strength of those claims. In the case of competing claims for a single indivisible good, Broome argues that what fairness requires is the use of a weighted lottery as a surrogate to satisfying the competing claims: the relative chance of each claimant's winning the lottery should be set to the relative strength of each claimant's claim. (...) In this journal, James Kirkpatrick and Nick Eastwood have objected that the use of weighted lotteries in the case of indivisible goods is unacceptable. In this article, I explain why Kirkpatrick and Eastwood's objection misses its mark. (shrink)

One of the signs of the rapid development of medical genetics is a gradual increase in the number of genetic tests available. Different aspects of this phenomenon have been addressed and debated in the source literature, but so far relatively little has been said about the obligation to provide equal access – in the social context – to selected kinds of tests. In this article, I attempt to reconstruct those few suggestions, dealing with the principles of funding genetic tests from (...) public resources, that can still be found in the source literature. Accordingly, I have analyzed the possibilities of identifying the criteria of selecting diagnostic and preventive tests to be eligible for refund, as well as of screening programmes. (shrink)

Traditionally, most philosophers saw childhood as a state of deficiency and thought that its value was entirely dependent on how successfully it prepares individuals for adulthood. Yet, there are good reasons to think that childhood also has intrinsic value. Children possess certain intrinsically valuable abilities to a higher degree than adults. Moreover, going through a phase when one does not yet have a “self of one’s own,” and experimenting one’s way to a stable self, seems intrinsically valuable. I argue that (...) children can have good lives, on several understandings of well-being – as a pleasurable state, as the satisfaction of simple desires or as the realization of certain objective goods. In reply to the likely objection that only individuals capable of morality can have intrinsic value, I explain why it is plausible that children have sufficient moral agency to be as deserving of respect as adults. (shrink)

Many authors in ethics, economics, and political science endorse the Lottery Requirement, that is, the following thesis: where different parties have equal moral claims to one indivisible good, it is morally obligatory to let a fair lottery decide which party is to receive the good. This article defends skepticism about the Lottery Requirement. It distinguishes three broad strategies of defending such a requirement: the surrogate satisfaction account, the procedural account, and the ideal consent account, and argues that none of these (...) strategies succeed. The article then discusses and discharges some remaining grounds for resistance to these skeptical conclusions, as well as the possibility of defending a weaker version of a normative lottery principle. The conclusion is that we have no reason to believe that where equal claims conflict, we are morally required to hold a lottery, as opposed to simply picking one of the parties on more subjective grounds or out of pure whim. In addition to the practical consequences of this skeptical view, the article sketches some theoretical implications for debates about saving the greater number and about axiomatic utilitarianism. (shrink)

¿Qué ocurre con la continuidad del tratamiento de los sujetos de investigación después de que realizan la última visita del ensayo en el que participan? En algunos casos, la falta de continuidad de atención de la salud apropiada podría poner en peligro la salud de estas personas. Por lo tanto, es probable que los sujetos de investigación que al terminar su participación en un ensayo todavía se encuentran enfermos, necesiten continuar con el tratamiento en estudio u otra atención de la (...) salud adecuada por el resto de sus vidas, sean unos pocos meses o muchos años. No obstante, no todas las sociedades cuentan con los recursos e instituciones para resolver el problema de la continuidad de tratamiento beneficioso. La opinión de un sujeto de investigación norteamericano, al que llamaremos Pedro, sin seguro de salud que participó en un ensayo de largo plazo sobre diabetes ejemplifica el problema de la continuidad de tratamiento beneficioso: “de repente [ellos] simplemente cortan la cuerda, y uno está solo por su cuenta, ya sabes. O consigues trescientos o cuatrocientos dólares al mes para seguir con esto o simplemente sigues adelante y mueres”. En este trabajo intentaré dar un panorama de la reciente discusión en torno al problema de la continuidad de tratamiento beneficioso en la ética de la investigación. Por tratamiento beneficioso hago referencia a dos cosas. En primer lugar, el tratamiento beneficioso puede ser (1) el tratamiento en estudio, p. e. el tratamiento o intervención en investigación que estaba recibiendo Pedro para su diabetes en el ejemplo anterior. Una droga o un producto biológico es un tratamiento en estudio para un uso propuesto (indicación) desde el primer ensayo con seres humanos hasta el momento en que es aprobado para su comercialización por las autoridades reguladoras de fármacos. El segundo lugar, el tratamiento beneficioso también puede ser (2) otra atención de la salud apropiada para el sujeto de investigación distinta del tratamiento en estudio, p. e. si existiera un tratamiento alternativo disponible para la enfermedad o condición de Pedro, distinto del tratamiento en estudio, y se justificara hacer la transición a ese otro tratamiento por razones de un mejor perfil de efectividad, seguridad y/o toxicidad. En la sección 1 de este trabajo introduciré una taxonomía de las obligaciones éticas de acceso posinvestigación (1.1.), realizaré un relevamiento histórico del concepto basado en las guías éticas internacionales (1.2) y analizaré el surgimiento del término “continuidad de tratamiento beneficioso hacia los sujetos de investigación” y otros términos análogos como “atención después de la investigación” (1.3). En la sección 2 presentaré los casos ejemplares en la bibliografía: continuidad de tratamiento en investigación en VIH/SIDA (2.1), continuidad de tratamiento en investigación en cáncer (2.2.) y otros casos de continuidad de tratamiento (2.3). (shrink)

I offer a hopefully compelling defense of the view of those whom I refer to as hard-core opponents of terrorism. For hard-core opponents, terrorism is categorically wrong and, therefore, morally and legally unjustified. I view terrorism as either equivalent to murder or man slaughter in domestic law, or equivalent to crimes against humanity or war crimes in international law. If my argument is compelling, at least two important results follow from it. First, that under no circumstances is terrorism justified. And (...) second, that even if my argument were to be compelling, it will not necessarily end debates about the nature, justification, or excuse of terrorism. (shrink)