Justice

Is disability disadvantageous? Although many assume it is paradigmatically so, many disabled individuals disagree. Whom should we trust? On the one hand, pervasive mistrust of already underrepresented groups constitutes a serious epistemic injustice. Yet, on the other, individuals routinely adapt to mistreatment and deprivation and claim to be satisfied. If we take such “adaptive preferences” (APs) at face value, then injustice and oppression may not be recognized or rectified. Thus, we must achieve a balance between taking individuals’ preferences and self-assessment (...) as definitive, and ignoring them entirely. Furthermore, current accounts of APs suffer from an ambiguity: are APs an unreliable guide to individuals’ interests, or to just policy? This chapter argues that we should distinguish between those that are unreliable in the former sense (“well-being APs”), and the latter (“justice APs”). Although all APs are nonautonomous, only well-being APs are irrational. Thus, preferences may be diagnosed as unreliable from the perspective of justice without impugning individuals’ rational capacities. (shrink)

This book offers philosophical and interdisciplinary insights into global climate justice with a view to climate neutrality by the middle of the twenty-first century. The first section brings together a series of introductory contributions on the state of the climate crisis, covering scientific, historical, diplomatic and philosophical dimensions. The second section focuses on the challenges of justice and responsibility to which the climate crisis exposes and will expose the global community in the coming years: on the one hand, aiming for (...) the ambitious mitigation target of 1.5°C and, on the other hand, securing resources for adaptation and for climate-damage compensation to the most vulnerable. The third section investigates normative aspects of the transition towards a fossil-fuel free society, from the responsibility of oil companies to the gender-differentiated effects of climate change, passing through what is owed to transition losers and the legal protection of future generations. (shrink)

Disparities in educational outcomes between Māori and non-Māori students remain a pressing concern in New Zealand. Recent policy documents framed through notions of 'effectiveness' champion culturally responsive pedagogies (CRPs) to address the achievement gap in mainstream secondary schools. Here, I interrogate this claim through close analysis of the Te Kotahitanga project led by Russell Bishop which, despite extensive government support, including a $42 million investment to restart the initiative, has limited conceptual and empirical grounding. I then consider broader understandings of (...) effectiveness that might better capture the benefits of CRPs but argue, drawing on social realist criticism, that some practices may paradoxically lead to poorer educational experiences for many Māori students by restricting access to disciplinary knowledge. I conclude that CRPs have variable effectiveness and are unlikely – on their own, at least – to greatly improve educational outcomes for Māori. (shrink)

Global scarcity of COVID-19 vaccines raises ethical questions about their fair allocation between nations. Section I introduces the question and proposes that wealthy nations have a duty of justice to share globally scarce COVID-19 vaccines. Section II distinguishes justice from charity and argues that beneficiaries of unjust structures incur duties of justice when they are systematically advantaged at others expense. Section III gives a case-based argument describing three upstream structural injustices that systematically advantaged wealthy countries and disadvantaged poorer countries, contributing (...) to global disparities of COVID-19 vaccines. Section IV examines more closely the duties of justice owed, including a duty to relinquish holdings, restitute victims, and restore relationships. Section V concludes that wealthy nations have a duty of justice to share COVID-19 vaccines with poor nations and to restore relationships damaged by injustice. All nations should take steps to transform unjust structures. (shrink)

Global scarcity of COVID-19 vaccines raises ethical questions about their fair allocation between nations. Section I introduces the question and proposes that wealthy nations have a duty of justice to share globally scarce COVID-19 vaccines. Section II distinguishes justice from charity and argues that beneficiaries of unjust structures incur duties of justice when they are systematically advantaged at others expense. Section III gives a case-based argument describing three upstream structural injustices that systematically advantaged wealthy countries and disadvantaged poorer countries, contributing (...) to global disparities of COVID-19 vaccines. Section IV examines more closely the duties of justice owed, including a duty to relinquish holdings, restitute victims, and restore relationships. Section V concludes that wealthy nations have a duty of justice to share COVID-19 vaccines with poor nations and to restore relationships damaged by injustice. All nations should take steps to transform unjust structures. (shrink)

Global scarcity of COVID-19 vaccines raises ethical questions about their fair allocation between nations. Section I introduces the question and proposes that wealthy nations have a duty of justice to share globally scarce COVID-19 vaccines. Section II distinguishes justice from charity and argues that beneficiaries of unjust structures incur duties of justice when they are systematically advantaged at others expense. Section III gives a case-based argument describing three upstream structural injustices that systematically advantaged wealthy countries and disadvantaged poorer countries, contributing (...) to global disparities of COVID-19 vaccines. Section IV examines more closely the duties of justice owed, including a duty to relinquish holdings, restitute victims, and restore relationships. Section V concludes that wealthy nations have a duty of justice to share COVID-19 vaccines with poor nations and to restore relationships damaged by injustice. All nations should take steps to transform unjust structures. (shrink)

In this article, we develop a non-rights-based argument based on beneficence (i.e., the welfare of individuals and communities) and justice as the disposition to act justly to promote equity in health care resource allocation. To this end, we structured our analysis according to the following main sections. The first section examines the work of Amartya Sen and his equality of capabilities approach and outlines a framework of health care as a fundamental human need. In the subsequent section, we provide a (...) definition of health equity based on the moral imperative to guarantee that every individual ought to have the freedom to pursue health goals and well-being. In the later part of the article, we outline a non-right approach to health care based on three pillars: (1) human flourishing, (2) justice as a disposition not a process, and (3) solidarity. (shrink)

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore be one of maximum (...) independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context. (shrink)

This Article explores the idea that the moral standards of relational or interpersonal justice can be used to lay the foundations for a theory of justice in work, rather than relying on principles of justice developed for society as a whole in philosophical theories of distributive justice. It is argued that a rich and distinctive scheme of interpersonal justice can be developed by using a method of internal critique and by focusing on two distinctive features of contracts of employment. Because (...) they are incomplete by design, like other relational contracts, contracts of employment depend for their success on a broad obligation of performance in good faith. Contracts of employment also usually function within organizations which provide the source of customary norms of associational justice that govern relations between members of the firm. These principles of associational justice include rewards based on desert, a strong egalitarian principle, protection from unjustified exclusion, and a right to have a voice in the affairs and the direction of the organization. (shrink)

I argue that agents can have duties to cooperate with one another if this increases their combined efficiency and/or efficacy in addressing ongoing collective moral problems. I call these duties cooperative duties of efficiency and efficacy. I focus particularly on collective agents and how agents ought to reason and act in the face of global moral problems. After setting out my account, I argue that a subset of cooperative duties of efficiency and efficacy of collective agents are duties of justice (...) in virtue of the roles these agents have taken up. (shrink)

It is well established that demographic representation in clinical research is important for understanding the safety and effectiveness of novel therapeutics and vaccines in diverse patient populations. In recent years, the National Institutes of Health and Food and Drug Administration have issued guidelines and recommendations for the inclusion of women, older adults, and racial and ethnic minorities in research. However, these guidelines fail to provide an adequate explanation of why racial and ethnic representation in clinical research is important. This article (...) aims to both provide the missing arguments for why adequate representation of racial and ethnic minorities in clinical research is essential and to articulate a number of recommendations for improving diversity going forward.Appropriate racial and ethnic representation and fair inclusion help (1) increase the generalisability of clinical trial results, (2) equitably distribute any benefits of clinical research and (3) enable trust in the research enterprise. (shrink)

Are there any special reasons, in terms of epistemic reliability, that support the demand, advocated by the ECtHR, that personal evidence be provided again in Criminal Appeal, having the appeal court to hear the witnesses and the defendant directly? Namely, are there epistemic considerations to prefer direct contact with witnesses over accessing visual and audio recordings of their intervention in first instance? Can testimony and, with it, memory bring out information in a cognitive agent with complete security? Or are they (...) fallible? Or, even less, do they never give rise to information about reality? If they are fallible, in what extent do they fail? These are some—perhaps the most relevant—of the questions to be answered when one intends to discuss the value (the epistemic validity) of testimonial evidence in Criminal Procedure, having in mind the principle of immediacy. In this chapter, I will analyse, specifically, research in the Neurosciences of Memory, according to which the retrieval of stored information occurs with distortions (with addition, subtraction, or modification of information), and its implications to Criminal Appeal, as well as the main obstacles brought by the Philosophy of Knowledge to testimony reliability. (shrink)

Trust is a crucial condition for the legitimacy and effectiveness of democratic institutions in conditions of deep diversity and enduring injustices. Liberal democratic societies require forms of engagement and deliberation that require trustful relations between citizens: trust is a necessary condition for securing and sustaining just institutions and practices. Establishing trust is hard when there is a lingering suspicion that the institutions citizens are subject to are illegitimate or undermine their ability to participate and deliberate on equal terms. The promise (...) of participation, the appeal to deliberation and inclusion, in other words, is experienced as a form of bad faith. In this paper, I offer four conditions required for democratic trust and discuss them in relation to a series of examples of both democratic mistrust and attempts at rebuilding trust. (shrink)

This article is a contribution to a festschrift in honor of Rev. Chris Ferguson's leadership of the World Communion of Reformed Churches. It engages the Accra Confession and suggests that the next step for bringing the Confession to bear on our current realities requires churches to consider what it means to be confessional and catholic. In doing so, it introduces inter-confessionality as a possible way forward, not only to address global challenges today, but how the Accra Confession can help facilitate (...) that mission. (shrink)

After two years of discussions and revisions, the World Anti-Doping Agency (WADA) published the 2021 World Anti-Doping Code on June 16, 2020. Among the most significant additions to this iteration of the Code was the inclusion of new categories of athletes subject to differential treatment by WADA, including the “protected person” category. In this paper, we examine the recent case of figure skater Kamila Valeryevna Valieva, the first athlete given differential treatment due to her being categorized as a “protected person.” (...) We apply a relational justice framework to the case to provide a nuanced, descriptive analysis of the case generally, and the application of the “protected person” category in particular.We first describe details of the athlete, her performances and anti-doping rule violation, and the “protected person” category, to provide context. We then describe and analyze the relations between several institutional actors, principally WADA and the International Court for the Arbitration of Sport (CAS), the athlete and her team, and other figure skating athletes at the Beijing Winter Olympic Games. To do so, we use two concepts of justice, conservative and ideal, and their component parts, entitlement, desert, and need.Our description and analyses demonstrate that (1) WADA’s notions of justice are essentially conservative, while CAS acted toward more ideal notions, creating a fundamental disagreement in what was owed and to whom. We show (2) that CAS’ decision may have nonetheless caused harm to the athlete, raising questions about the efficacy and capability of the “protected person” category. Finally, (3) our analyses show the influence that notions of justice necessarily have these actors shape each other, thus change the sporting institutions and activities themselves. (shrink)

I revisit themes from Against Borders: Why the World Needs Free Movement of People (2020) in dialogue with Gillian Brock's Justice of People on the Move (2020) and Sarah Song's Immigration and Democracy (2019). We share the conviction that current border regimes are deeply unjust but differ in what migration justice requires. Brock and Song continue to give states significant discretion to exclude people from entering and settling in their territories, whereas I contend that migration justice demands open borders. I (...) reject the claim that state self-determination justifies migration restrictions. Central arguments for open borders highlight the role that restrictive border controls and the state category of ‘immigrant’ play in upholding racialised hierarchies and exploitative economic relations, as well as in inflicting violence against mobile people. (shrink)

Despite being increasingly available to us all, retirement pensions remain unequally distributed: between rich and poor, young and old, men and women, and possibly different generations. As this topic receives little attention in moral and political philosophy, the articles in this thesis aim to deliver an original account of justice in retirement pensions along liberal egalitarian lines. The first part defends retirement pensions as a distribution of free time. It shows that including free time in the list of goods that (...) liberal egalitarians prioritise is plausible and avoids problems that would otherwise arise with other candidates, most notably leisure. Retirement as free time is an essential feature of liberal egalitarian societies by (re)distributing the means to pursue any life project, and especially valuable for the poor who work and contribute the longest. The second part makes a case for 'libertirement', a proposal to increase the freedom to enjoy free time across life, as a matter of justice between those who live long and those who die early. Specifically, I propose adding reverse pensions and sabbaticals on top of old-age retirement. Besides showing the importance of longevity for age-group justice, I also draw implications for distributing unconditional basic income and income taxes across life, which I suggest may offer alternative paths to libertirement. Finally, the third part discusses the cases of pension inequality between genders and generations, pushing us to refine our account further. I conclude that there is often a mismatch between liberal egalitarian justice and the design of retirement schemes. The solution is often but not always to reform these systems. Sometimes, we have reasons to revise our very own principles of justice. (shrink)

Justice Across Ages offers an attractive account of justice between the young and the old that brings together three notable principles of age-group justice: complete-lives equality, relational equality, and prudence. Yet, the book says little about the fact that many of us live longer than others, and the little it does say casts doubt on whether lifespan inequality threatens justice as construed by the three principles. This essay argues, instead, that theories of justice between the young and the old should (...) not dispense with a conception of justice between different longevity groups. It concludes that we must be sensitive to lifespan variations when designing policies to promote justice across age groups. (shrink)

Alongside the rapid global advances in neuroscientific research, neuroethics has been one of the fastest growing sub-fields within bioethics. With this rapid expansion, bioethicists struggle to kee...

Based on interviews with legal practitioners working with or within anti-racist social justice movements in Sweden, we explore some dilemmas and paradoxes that appear when social movements pursue struggles for anti-racist social justice through the legal arena. How do the interviewees understand and critically relate to legal practices in contemporary anti-racist social justice struggles? What are the conditions of engagement of these organisations in the legal arena and how do they impact social justice struggles in Sweden? What are the stakes (...) in the legal practices of these movements? Rather than a strategically chosen tool for social justice, legal practice could be understood as a kind of self-defence, as resorting to law is often a response to an unjust legal system, oppressive treatment by the state or disadvantage and deprivation. The interviewees’ reflections on their legal practices are informed by a fundamental ambivalence between the ideological commitment in the critique of law and their position from which it is impossible to ignore the legal arena. Instead of taking a clear stance for or against the law as a tool for social justice struggles, we have attempted to understand what are the methods and the effects of legal practice that grow from this ambivalence. The accounts of our interviewees indicate that both practical strategies and ways of accounting for these aim at subverting and challenging the law while at the same time using it. Throughout the analysis we have conceptualised these strategies as decentring, re-politicising and redistribution. (shrink)

Post-apartheid South Africa is ravaged by crises of extreme unemployment, poverty, and inequality. While the majority who were politically excluded by apartheid can now choose their government through democratic elections, social and economic justice continues to elude them. Neoliberal policies which seek to reduce state expenditure on social services and promote state policies that protect the interests of big businesses at the expense of working-class and poor communities, along with corruption and abuse of power, are the primary causes of poverty (...) and unemployment. However, what is missing in the assessments of social justice since the pre-1994 democratic era is the recognition that social justice organisations have not simply disappeared, but have actually remained involved in social justice struggles. Based on information from in-depth interviews and internet sources, this article records some of the partial victories scored through these struggles, albeit in the context of generalised pauperisation of working-class and poor communities. These partial victories in the era of defeats show that these organisations, although weakened, have not given up the struggle for social justice. (shrink)

ABSTRACT Democracy proposes the impossible: that each citizen makes community with those they consider opponents or foes. In the increasingly embittered partisan environment animating so many democracies, this paradoxical demand justifies more attention. This article explores the challenges of democracy among polarized and divided groups by engaging the political theory of Bhimrao Ambedkar’s Navayana pragmatism. Ambedkar, an Indian political figure and thinker who felt the crushing oppression of caste discrimination, reshapes the pragmatism of John Dewey to better encapsulate the importance (...) of overcoming divisions and injustices while forging a community of shared interests. Using Ambedkar’s merging of the values of liberty, equality, and fraternity into a pragmatist vision of democracy as a habit or way of life, this article demonstrates that justice can be usefully taken as a balancing of values among agreeing and disagreeing citizens. This also leads to a recognition of the tragedy of democracy, or the fact that attending to the end and means of fraternity places limits on what one group can do to their opponents in the pursuit of freedom or equality. (shrink)

Bluhm et al.’s (2023) qualitative study on psychiatric electroceutical interventions describes several types and characteristics of invasiveness identified by psychiatrists and people living with a...

Medical interventions are usually categorized as “invasive” when they involve piercing the skin or inserting an object into the body. However, the findings of Bluhm and collaborators (2023) (hencef...

Corporations are increasingly asked to specify a ‘purpose.’ Instead of focusing on profits, a company should adopt a substantive purpose for the good of society. This chapter analyses, historicises, and radicalises this call for purpose. It schematises the history of the corporation into two main purpose/power regimes, each combining a way of thinking about corporate purpose with specific institutions to hold corporate power to account. Under the special charter regime of the seventeenth to mid-nineteenth centuries, governments chartered companies to pursue (...) specific public purposes. Under criticism for corruption and lack of competition, the special charter regime gave way to the contemporary general incorporation regime, under which no particular purposes are demanded of corporations, and profit-seeking has become the norm. This regime has now come under criticism, with calls for a new social purpose regime. The analysis of these three regimes focuses on politicisation. The chapter argues that orienting companies to substantive social purposes requires politicising the business corporation, creating meaningful accountability mechanisms to align companies with the goals of the public. The purpose paradigm must overcome its political timorousness and be more institutionally radical. The difficulty is doing this without unacceptable corruption and inefficiency. A form of ‘proper politicisation’ is needed. At the end of the chapter, some directions for reform are discussed, which may deliver on that desideratum. (shrink)

Platon s'est inspir? des travaux philosophiques de certains de ses pr?d?cesseurs, en particulier Socrate, mais aussi Parm?nide, H?raclite et Pythagore, pour d?velopper sa propre philosophie, qui explore les domaines les plus importants, notamment la m?taphysique, l'?thique, l'esth?tique et la politique. Avec son professeur Socrate et son ?l?ve Aristote, il pose les bases de la pens?e philosophique occidentale. Platon est consid?r? comme l'un des philosophes les plus importants et les plus influents de l'histoire humaine, ?tant l'un des fondateurs de la religion (...) et de la spiritualit? occidentales. La philosophie qu'il a d?velopp?e, connue sous le nom de platonisme, est bas?e sur la th?orie des Formes connues par la raison pure comme une solution au probl?me des universaux. La philosophie de Platon s'inscrit dans la lign?e des pr?socratiques, des sophistes et des traditions artistiques qui sous-tendent l'?ducation grecque, dans un cadre nouveau, d?fini par la dialectique et la th?orie des Id?es. Pour Platon, la connaissance est une activit? de l'?me, affect?e par des objets sensibles, et par des processus internes. Dans La R?publique de Platon, la forme la plus ?lev?e est consid?r?e comme la Forme du Bien, la source de toutes les autres Formes qui pourraient ?tre connues par la raison. Le th?me central du livre est la justice, argument?e ? l'aide de plusieurs th?ories platoniciennes, dont le mythe all?gorique de la caverne, la doctrine des Id?es, la dialectique, la th?orie de l'?me et la conception d'une cit? id?ale. Sa dialectique est un type de connaissance, ? r?le ontologique et m?taphysique, qui s'atteint par la confrontation de plusieurs positions pour d?passer l'opinion (doxa), un passage du monde des apparences (ou ? sensible ?) ? la connaissance intellectuelle (ou ? intelligible ? ) aux premiers principes. Le mod?le ?ducatif de Platon (paid?ia) diff?rencie le niveau d'?ducation selon les comp?tences des ?l?ves. Selon les principes socratiques, pour faire justice, il faut savoir ce qui est bien, et c'est ce que le philosophe sait le mieux. Platon a d?taill? ce concept en soulignant la distinction entre le philosophe (qui cherche les principes de v?rit? sans pr?tendre les poss?der) et le sophiste (qui se laisse guider par l'opinion comme seul param?tre valable de la connaissance). (shrink)

This paper explores the relations between self-esteem and competition. Self-esteem is a very important good and competition is a widespread phenomenon. They are commonly linked, as people often seek self-esteem through success in competition. Although competition in fact generates valuable consequences and can to some extent foster self-esteem, empirical research suggests that competition has a strong tendency to undermine self-esteem. To be sure, competition is not the source of all problematic deficits in self-esteem, and it can arise for, or undercut (...) goods other than self-esteem. But the relation between competition and access to self-esteem is still significant, and it is worth asking how we might foster a desirable distribution of the latter in the face of difficulties created by the former. That is the question addressed in this paper. The approach I propose neither recommends self-denial nor the uncritical celebration of the rat race. It charts instead a solidaristic path to support the social conditions of the self-esteem of each individual. The paper proceeds as follows. I start, in section 2, by clarifying key concepts involved in the discussion. In section 3, I identify ten mechanisms that support individuals' self-esteem and impose limits on competition. I focus, in particular, on the challenges faced by people in their practices of work. In section 4, I outline prudential and moral arguments to justify the use of the proposed mechanisms. Section 5 concludes with remarks on the role of social criticism in the processes of change implementing the mechanisms. (shrink)

The Community of Shared Future for Mankind (CSFM) concept is a comprehensive Chinese proposal for a better future of mankind. In this article, we provide a comprehensive analysis of this concept by focusing on its origin, evolution and philosophical foundation. This article deals with the origin and evolution of the CSFM concept. We show that the concept originated during the presidency of Hu Jintao, who initially used it for the domestic affairs of China. However, the usage of the concept was (...) later extended from domestic to international affairs. Though Hu Jintao conceived the CSFM concept, it is president Xi Jinping who became its greatest advocate. We explore the CSFM concept’s development and evolution into one of the most influential, diverse and dominant concepts of international relations under president Xi. Furthermore, the article explores the philosophical foundation of the CSFM concept. We argue that although CSFM concept is seen as a 21st century Chinese idea, the roots of the concept can be traced back to much earlier time in history. The concept is based on three major philosophical thoughts: Marxism, Confucianism and the philosophy of Mencius. We show that the CSFM concept is greatly influenced by Marx’s ideas such as the transformation of the world, the free association of producers, historical materialism and dialectics. We also point to a number of Confucian principles that are adopted by the CSFM concept. The CSFM concept not only adopts Confucian principles but also extends their scope from the individual level to international relations. Similarly, we also highlight that the CSFM concept is influenced by Mencius’ concepts such as universal brotherhood, responsibility towards the betterment of the world, humane governance, free trade, equal sharing of wealth and the conservation of natural resources. (shrink)

Forming and sustaining healthy relationships of any kind requires empathy, thought, communication and effort, all of which are learned skills. Many of these skills can and should be learned in a variety of places, including and especially in schools. One of the most appropriate venues for teaching interpersonal relationship skills in school is through ‘sex ed’ classes. I argue that student-centred, anti-racist, culturally affirming and appropriate, inclusive, egalitarian and relationship-based learning environments are necessary for sex education that benefits all students. (...) The principles of hip-hop-based pedagogies, including Christopher Emdin's Reality Pedagogy, Bettina Love's Abolitionist Pedagogy and Rawls and Robinson's Youth Culture Pedagogy can serve as a useful theoretical framework around which to build sex education curriculum and policy. School-based sex education (SBSE) based on these principles may prove extremely beneficial not only to all students and their individual sense of identity and sexual autonomy but also to the general welfare of the public in the long run. (shrink)

Recognizing the importance of involving suppliers in the new product development (NPD) process, extensive studies have examined this issue at a buyer–supplier dyadic level. However, how supplier involvement leads to better NPD performance is not clearly explained. Additionally, extending the dyadic relationships to triadic relationships and addressing how to manage the two competing suppliers with fair conduct remains unexplored. To answer these questions, this study developed a conceptual model theorizing the role of supplier involvement, information sharing, and justice in the (...) NPD process within a buyer–supplier–supplier triadic relationship. Based on survey data collected from 200 U.S. firms, Structural Equation Modeling is used to test the hypothesis. The results first confirmed the criticality of involving both primary and secondary suppliers during NPD. Second, the positive effect of triadic supplier involvement on innovation performance is fully mediated by information sharing. Finally, this study explored the different roles of procedural justice and distributive justice; the results confirmed that procedural justice acts as a moderator for the relationship between triadic supplier involvement and information sharing, whereas distributive justice moderates the effect between information sharing and innovation performance. Our findings contribute to the literature of triadic supplier involvement-new product development and relationship management. Accordingly, these findings highlight key implications for managers and policymakers. (shrink)

A correct understanding of Hart’s idea of justice and a detailed assessment of the connection between justice and law contributes to a better understanding of his legal-philosophical project. Always consistent with his argument on the separability between law and morality, Hart endorses an account of formal intralegal justice that is intimately connected to law, but not necessarily dependent upon non-legal principles of substantive justice. Hart’s theoretical commitment to a composite concept of formal justice encompasses two elements: first, the imperative to (...) treat like cases alike and different cases differently, and second, the underlying legal criteria that specify the relevant measure of likeness and difference. These elements of Hart’s theory of justice can be traced back to their doctrinal precedents in the texts of Aristotle, Sidgwick, Perelman, Ross, and Del Vecchio. Commentators and critics of Hart’s account of justice seem to agree that this account ought to be expanded by exploring its full effects on the foundations of Hart’s concept of law. When this is achieved, a third element of Hart’s intralegal justice emerges, namely, its rights-allocating function, which is deeply embedded in his account of the rule of recognition, his concept of a legal system, and his idea of law. (shrink)

A critique of John Rawls' gamification of justice.

The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...) states be bound by international institutions on all kinds of issues or are certain issues exempted because of sovereignty considerations? This paper argues that self-regarding reasons cannot ground political authority with the respective demand for compliance. Since reasons for states concern individuals both inside and outside of their jurisdiction and other state peoples, self-regarding reasons for states, which form a domain of personal pursuits or sovereign decisions, are highly restricted. (shrink)

The aim of this paper is to offer a concise and faithful account of Rawls’ theory of international justice, in an effort, first, to elucidate the structure of the argument that is advanced in that theory and, second, to present a critical assessment of it. The critical assessment section attempts, on the one side, to cope with crucial methodological issues, which have a more general bearing upon Rawls’ overall political philosophical position, including the constructivist perspective of theory making and the (...) division between a political conception and a comprehensive doctrine; on the other side, to weigh up a set of substantive claims made in the Rawlsian theory of international justice, including the recognition of peoples as the fundamental subjects of international law, the toleration of the so-called decent peoples and the considerably thin construal of human rights encompassed in The Law of Peoples. The paper attempts to provide a series of reasons that could be well-suited to explicate its author’s doubts about the soundness of the Rawlsian theoretical perspective with regard to both its formal methodological features and its more content-oriented convictions. (shrink)

Journal of Political Philosophy, EarlyView.

ABSTRACT:Clinical ethics consultants bear witness to the direct harms of intersecting axes of oppression—such as racism and classism—as they impinge on elucidating and resolving ethical dilemmas in health care. Health Care Ethics Consultation (HCEC) professional guidance supports recognizing and analyzing power dynamics and social-structural obstacles to good care. However, the most relied upon bioethical principles in clinical ethics have been criticized for insufficiency in this regard. While individual ethics consultants have found ways to expand their approaches, they do so in (...) an ad hoc way without frameworks to guide consistency. Motivated by the practical expertise of clinical ethicists, this essay offers a new framework to support openness to analyzing power imbalances and respecting marginalized voices and values. This framework is grounded in transformative justice, where the aim is to take responsibility for oppression by centering and responding to moral perspectives and value systems that are all too often silenced. (shrink)

ABSTRACT:Bioethics needs to expand its vision. We must examine and interrogate the social and structural barriers that help traditionally privileged communities maintain minoritized groups as inherently inferior "others." Justice requires the field to look beyond the walls of hospitals, clinics, and medical academia to address and ameliorate the structural injustices that give rise to health disparities long before differential access to health services becomes an issue for underserved patients. Doing so means engaging in challenging multidisciplinary collaborations in order to understand (...) the sociohistorical complexities of health and illness, appreciate the factors that contribute to shaming and blaming those "others" who are not "us," and work to lessen the discomfort with uncertainty that impedes equity. All of this necessary work takes bioethics well beyond the well-trodden pathways of our usual scholarship and practice. But we simply have to reach higher to do health justice. (shrink)

In this article, we examine scholarly analyses of justice and develop a framework that can help assess the claims from the parties in the Russian state-led doping scandal, including, but not limited to, Russian athletes, non-Russian athletes, the World Anti-Doping Agency, and sport governing bodies. The two key components of this justice framework are pluralism and relationality/contextuality. We argue that a justice framework built upon these elements better captures the nature of justice. We conclude that no party in the Russian (...) state-led doping case has exclusive access to justice. Rather, all the parties have legitimate calls for justice against one another. Thus, the administration of justice will fail to serve justice, in its different meanings, for all parties. (shrink)

This contribution provides an overview of the main principles discussed in the literature regarding the global allocation of climate mitigation and adaptation duties. I distinguish between historically informed and non-historically informed views. Concerning historically informed views, I highlight the main strengths and weaknesses of the PPP and different versions of the BPP. At the same time, I analyse the APP as the main example of a non-historically informed view on how to globally allocate climate duties. I explain how both kinds (...) of principles need to accommodate justice-based and feasibility-based concerns. (shrink)

The context of accelerated climate change, environmental pollution, ecosystems depletion, loss of biodiversity and growing undernutrition has led human societies to a crossroads where food systems require transformation. New agricultural practices are being advocated in order to achieve food security and face environmental challenges. Cultivated meat has recently been considered one of the most desired alternatives by animal rights advocates because it promises to ensure nutrition for all people while dramatically reducing ecological impacts and animal suffering. It is therefore presented (...) as one of the fairest means of food production for the coming decades, according to utilitarian arguments. However, food security, environmental concerns and animal welfarism guided by a short-term utilitarianism could have techno-optimism bias and could result in some forms of oppression such as anthropocentrism. I argue that there are still deep-rooted moral issues in food systems that are not addressed primarily by lab-grown meat, mainly derived from a loss of sovereignty. Food practices developed in high-tech labs with artificial interventionism constrain the ability of living entities (that are used as food) to flourish on their own terms. This paper aims to explore how sovereignty entitlements for humans and nonhumans are often overlooked by advocates of cultivated meat and the moral challenges it may pose. Accordingly, a more than utilitarian approach framed by ecological and republican justice is proposed here to shed light on some pitfalls of food chains based on cellular agriculture. (shrink)

Ableist attitudes and structures regarding disability are increasingly recognized across all sectors of healthcare delivery. After Dobbs, novel questions arose in the USA concerning how to protect reproductive autonomy while avoiding discrimination against and devaluation of disabled persons. As a case study, we examine the Louisiana’s Department of Public Health August 1st Emergency Declaration, “List of Conditions that shall deem an Unborn Child ‘Medically Futile.’” We raise a number of medical, ethical, and public health concerns that lead us to argue (...) the declaration should be rescinded. The ethically objectionable declaration provides valuable lessons concerning how to uphold both reproductive and disability justice in a post-Dobbs landscape. (shrink)

Anne Conway and Maria W. Stewart are quietly revolutionary philosophers who provide valuable insights into the nature of suffering and its relation to justice. Conway scholars have claimed that she offers a theodicy, trying to reconcile suffering with the existence of a just God. However, this does not make sense of her arguments or audience. Instead, we should see her as a theoretician of the role of suffering in a person's life. Moving beyond the personal, Stewart's emphasis on social sources (...) of suffering leads her to posit a vision for bringing about a more just society in the near term that is absent in Conway. Both philosophers provide fascinating insight into how to theorize suffering and justice, including the role of unity in a just society. (shrink)

In this very important book, Tao Jiang provides a dynamic model of the development of moral-political philosophy in early China (ca. 551–221 BCE), which embodies a new approach to thinking about fr...