Varieties of Justice

The reconciliation of high medieval philosophical theories and its praxis is expressed in this opus. The “oust Duterte” petition is a move not of an individual political being but rather of a political sphere upon which the individual is subjected to. The role of philosophy has always been subjected to the endeavor of continuously seeking the truth. The truth is categorized as logical and ontological, where it is hermeneutically subjected to the philosophical engagement proponents of ontology and logic, St. Anselm (...) of Canterbury, and St. Thomas Aquinas respectively. The highlight of this paper is explicating the inviolability of the ruler – constituent relationship under the interpretation of ontology and logic. The contribution of this opus is its pure philosophical engagement into a situation which is material, as such that the latter is viewed by its antecedent vis a vis the evolution of the philosophical theories presented as modalities. (shrink)

O que é a justiça? O presente ensaio apresenta um panorama sumário das mais influentes abordagens filosóficas à justiça, privilegiando as predominantes no estado da arte no primeiro quartel do século XXI e a relevância, para quem tenciona entrar pela primeira vez nos estudos filosóficos sobre o tema, da arrumação (sobretudo, teórica e conceptual) do que se tem falado sobre justiça em filosofia política, moral e do direito. ----- What is justice? This essay presents an overview of the most influential (...) philosophical approaches to justice, privileging those most predominant in the first quarter of the 21st century. Its primary objective is to arrange (both theoretically and conceptually) what has been said about justice in political, moral and legal philosophy in a way that helps those who intend to enter philosophical studies on this subject for the first time. (shrink)

The aim of this article is to extend the explanatory power of Martin Thrupp’s legacy within the framework of critical realism. Specifically, it argues that critical realism’s methodological complement, the morphogenetic approach, provides a metatheoretical toolkit that can deepen and expand Thrupp’s realist analysis of school contexts. The article elaborates on how the morphogenetic approach offers a stratified, temporally phased view of causality that integrates structure, agency, and culture (SAC). By foregrounding SAC, it argues for a layered and nuanced understanding (...) of context in education policy analysis, refining Thrupp’s conceptualisation of the constraints and opportunities available to school leaders. The article also delineates how the morphogenetic approach offers greater analytical precision in examining how emergent socio-cultural configurations condition agency and change within global educational systems, particularly through its positing of ‘situational logics’ that predispose agents towards specific courses of action. The final section outlines the potential of the morphogenetic approach for theorising the impact of globalised neoliberalism and managerialism on education, ultimately complementing and sharpening Thrupp’s realist contextualism. The article concludes that Thrupp’s contextual approach can be ‘rebranded’ through the morphogenetic framework, enhancing his realist analysis with a stratified understanding of how global neoliberal forces shape local educational contexts while offering strategies to resist managerialism and promote social justice. (shrink)

The Research Topic “On poverty and its eradication” was inspired by the International Day for the Eradication of Poverty, first commemorated in Paris in 1987 and formally designated by the United Nations. This day is dedicated to renewing the commitment to universal human development, enabling all individuals to achieve their highest potential, and reflecting on how poverty hinders this progress. The urgency of addressing poverty has increased after the COVID-19 pandemic, which exacerbated existing issues and highlighted the critical need for (...) effective poverty eradication strategies. The studies included in this Research Topic aim to expand knowledge about poverty, its causes, consequences, and connections to crises, inequality, and fairness, and to assess policy measures for poverty reduction. The included contributions use various theoretical, empirical, quantitative, and qualitative approaches to drive sociological and policy-related discussions and initiatives, promoting fair and inclusive societies. (shrink)

Racial, Gender, and Intersectional Biases in AI / -/- Dominant View of Intersectional Fairness in the AI Literature / -/- Three Fundamental Problems with the Dominant View / 1. Overemphasis on Intersections of Attributes / 2. Dilemma between Infinite Regress and Fairness Gerrymandering / 3. Narrow Understanding of Fairness as Parity / -/- Rethinking AI Fairness: from Weak to Strong Fairness.

A growing number of studies on fairness in artificial intelligence (AI) use the notion of intersectionality to measure AI fairness. Most of these studies take intersectional fairness to be a matter of statistical parity among intersectional subgroups: an AI algorithm is “intersectionally fair” if the probability of the outcome is roughly the same across all subgroups defined by different combinations of the protected attributes. This paper identifies and examines three fundamental problems with this dominant interpretation of intersectional fairness in AI. (...) First, the dominant approach is so preoccupied with the intersection of attributes/categories (e.g., race, gender) that it fails to address the intersection of oppression (e.g., racism, sexism), which is more central to intersectionality as a critical framework. Second, the dominant approach faces a dilemma between infinite regress and fairness gerrymandering: it either keeps splitting groups into smaller subgroups or arbitrarily selects protected groups. Lastly, the dominant view fails to capture what it really means for AI algorithms to be fair, in terms of both distributive and non-distributive fairness. I distinguish a strong sense of AI fairness from a weak sense that is prevalent in the literature, and conclude by envisioning paths towards strong intersectional fairness in AI. (shrink)

Philosophy & Public Affairs, Volume 50, Issue 3, Page 375-407, Summer 2022.

There are two conceptions of ‘inclusion’ in play in this debate. 1. The traditional conception in sport: How does sport provide inclusion/exclusion? Through eligibility criteria. 2. The social justice conception: trans people must be included in all social endeavours/institutions, one of these being sport. In the latter ‘inclusion’ facilitates affirmation and validation of their gender identity. The question is: should sport take on this ‘social justice’ task?

Legitimate expectations should be considered in the transition to a low-carbon society. After explaining under what conditions and circumstances expectations are legitimate, this paper shows that those expectations whose frustration undermines the ability to plan, infringes basic moral rights, or is extremely costly for its bearer might justify a deviation in the baseline of justice in favour of the expectation holder. People should be notified about the likely frustration of their expectations so that they can avoid the frustration of their (...) expectations, adapt their life plans and minimise costs. Since the frustration of legitimate expectations seems unavoidable in the transformation to a low-carbon society, priority should be given to the protection of the expectations of those who cannot be materially compensated. Still, if two groups are eligible for material compensation, we should give priority to protecting the expectation of those who cannot continue with the same life plan as before if their expectations are frustrated. (shrink)

A POLITICAL PHILOSOPHY OF CONSERVATISM, PRUDENCE, MODERATION AND TRADITION, by Ferenc Hörcher. London and New York: Bloomsbury Academic. 2020. vi + 210pp. Hardback: $103.50; Paperback: $35.96. ISBN: 978-1-350-06718-9. Reviewed by H.G. Callaway, Department of Philosophy, Temple University. Email: HG1Callaway (at) gmail (.) com Ferenc Hörcher is Head of the Research Institute of Politics and Government of the National University of Public Service, Hungary. His new book, A POLITICAL PHILOSOPHY OF CONSERVATISM, appears in the Bloomsbury Studies in the Aristotelian Tradition. Hörcher (...) aims to understand, elucidate and develop political conservatism in the long Aristotelian-Stoic tradition, emphasizes the role of character formation for statesmanship and political actors, the constraints implied by specific cultural traditions and the details of factual context, and addresses the contemporary standing and revival of Aristotelian virtue ethics and the specifically political virtue of prudence or “practical wisdom.” The book comes recommended by Harvard University historian James Hankins, who, on the back cover, recommends it for readers “disturbed by the collapse of statesmanship in the contemporary world.” . (shrink)

Recent decades have witnessed a growing interest in narrative both in certain areas of philosophy and in the study of religion. The philosophy of religion has not itself been at the forefront of this narrative turn, but exceptions exist—most notably Eleonore Stump’s work on biblical stories and the problem of suffering. Characterizing Stump’s approach as an apologetic orientation, this article contrasts it with pluralistic orientations that, rather than seeking to defend religious faith, are concerned with doing conceptual justice to the (...) range of possible human perspectives, both religious and nonreligious. By discussing various examples, the article makes a case for narrative philosophy of religion, especially in its pluralistic form. (shrink)

Reprint of an article first appearing in the Journal of Global Ethics (2018).

In a wide-ranging inquiry Richard W. Miller provides new resources for coping with the most troubling types of moral conflict: disagreements in moral conviction, conflicting interests, and the tension between conscience and desires. Drawing on most fields in philosophy and the social sciences, including his previous work in the philosophy of science, he presents an account of our access to moral truth, and, within this framework, develops a theory of justice and an assessment of the role of morality in rational (...) choice. In Miller's view, we are often in a position to claim that our moral judgments are true descriptions of moral facts. But others, relying on contrary ways of moral learning, would reject truths that we are in a position to assert, in dissent that does not depend on irrationality or ignorance of relevant evidence or arguments. With this mixed verdict on "moral realism," Miller challenges many received views of rationality, scientific method, and the relation between moral belief and moral choice. In his discussion of justice, Miller defends the adequacy, for modern political choices, of a widely shared demand that institutions be freely and rationally acceptable to all. Drawing on social research and economic theories, he argues that this demand has dramatically egalitarian consequences, even though it is a premise of liberals and conservatives alike. In the final chapters, Miller investigates the role and limits of morality in the choice of conduct, arguing for new perspectives on reason and impartiality. Originally published in 1992. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

The Brown vs. Board of Education decision of 1954 mandated school integration. The decision also to recognize that inequalities outside the schools, of both a class- and race-based nature, prevent equality in education. Today, the most prominent argument for integration is that disadvantaged students benefit from the financial, social, and cultural “capital” of middle class families when the children attend the same schools. This argument fails to recognize that disadvantaged students contribute to advantaged students’ educational growth, and sends demeaning messages (...) to the disadvantaged students and messages of unwarranted superiority to the advantaged. Parents, teachers, and schools can adopt a justice perspective that avoids these deleterious aspects of the capital argument, and helps create a community of equals inside the integrated school. Struggles for educational justice must remain closely linked with struggles of both a class- and race-based nature for other forms of justice in the wider society. (shrink)

1.1. A major purpose in nationalizing the provision of health care in the UK was to affect its distribution between people, and, in particular, to minimize the impact of willingness and ability to pay upon that distribution. It has never been clear, however, what alternative distribution rule is to apply. There is no shortage of rhetoric about ‘equality’ and ‘need’, but most of it is vacuous, by which I mean it does not lead to any clear operational guidelines about who (...) should get priority and at whose expense. The closest we have got so far to such explicit guidelines has been the formulae which determine the geographical distribution of NHS funds, the driving force behind which is a notion of need based on relative mortality rates and on the demographic structure. The avowed objective is to bring about equal access for equal need irrespective of where in the UK you happen to be. (shrink)

ZusammenfassungDie Frage nach der Gerechtigkeit im Gesundheitswesen wird aus der Perspektive einer allgemeinen Theorie der Gerechtigkeit betrachtet. Diese Theorie ist ein Befähigungsansatz, der zwischen 1) der Grundversorgung aller Bürger mit Grundbefähigungen, 2) einem gerechten Anteil an den Früchten gesellschaftlicher Kooperation und 3) individuell erstrebten Gütern und Leistungen differenziert. Die Anwendung dieser Theorie reagiert auf charakteristische Probleme der Allokation im Gesundheitssektor: den prinzipiell ungedeckten Bedarf, die mangelnde Zurechenbarkeit des Bedarfes und die asymmetrische Informationsstruktur zwischen Patienten und Leistungserbringern.

The five chapters in this volume were originally delivered in lecture form at the University of Genoa and have previously appeared in French, German, and English translations. An appendix, "What the Philosopher May Learn from the Study of Law," has also appeared before in English. The book is basically a digest, with some modifications, of Perelman's earlier work Justice et Raison. The chief modification involves a supposed shift away from positivism toward a greater emphasis on the cognitive status of primary (...) values. Through the mediation of his consideration of the nature of practical reason in the Traité de l'Argumentation, Perelman now wishes to argue that values are subject to dialectical justification. The analysis of justice, thus, need not be restricted to merely formal specifications such as the rule of justice or to such inherently nonuniversalizable and nonanalyzable principles as that of equity. Dialectical justification falls short of demonstration, but only someone still under the spell of Cartesianism would wish to maintain that rationality is adequately summarized in the model provided by mathematics and science. Jurisprudence, therefore deals with judgments that have cognitive and not arbitrary or merely historical value. So much for the scheme of Perelman's argument. What about its execution? It must be said that its substance is slight and the base of discussion extraordinarily narrow. Thus, Perelman says he wishes to avoid the Scylla of nominalism and the Charybdis of realism; but his own analysis winds up squarely in a conventionalism that is only minutely distinguishable from the nominalism he presumably attacks: e.g., "the idea of [practical] reason must not be linked to that of truth", "reason is but an attempt to convince the members of [the universal] audience--whom common sense would define as well-informed and reasonable men". The only defense offered by Perelman for the first statement is a flaunting of the bogey of dogmatism. The vicious circle in the second statement is barred from rising to the level of the fruitful Aristotelian paradox by a peremptory dismissal of natural law: "The theorists of natural law... have not convinced the majority of those philosophers of law who are endowed with critical minds." This kind of "you-don't-belong-to-the-club" argument makes the book practically worthless from a truly dialectical point of view. The only critical sparks generated are in Perelman's discussion of Rawls' theory of "justice as fair play." His points here are well taken. But, as this is the only saving grace in the book--the rest being merely a statement of Perelman's own doxa about justice--it would have been better to leave the whole interred in the journals where it had already been published.--E. A. R. (shrink)

The late Susan Moller Okin was a leading political theorist whose scholarship tried to integrate political philosophy and issues of gender and the family. This volume stems from a conference on Okin, and contains articles by some of the top feminist and political philosophers working today. Their aim is not to celebrate Okin's work, but to constructively engage with it and further its goals.

هذا البحث هو بحثٌ في المشروعيّة أو في مداها، بحثٌ في مشروعيّة دراسة فلسفة جان جاك روسّو ونظرية ا، سواءٌ على الصعيد الفلسفيّ، أو على الصعيد العربيّ. فهو من جهةٍ أولى، بحثٌ في مشروعيّة دراسة نظريّة الاعتراف وارتباطها بنظريّة العدالة، في تلك الفلسفة؛ ومن جهةٍ ثانيةٍ، هو بحثٌ في مشروعيّة دراسته عربيًّا. ونعني بالمشروعيّة، في هذا السياق، وجود مسوّغاتٍ فكريّة أو واقعيّةٍ، نظريّةٍ أو عمليّةٍ، معقولةٍ ومقبولةٍ، جزئيًّا ونسبيًّا على الأقلّ، تُظهر إمكانيّة القيام بدراسةٍ ما وضرورة القيام بهذه الدراسة. وتتمثّل (...) هذه المسوّغات عمومًا في الجِدّة التي تتضمّنها الدراسة، وفي الفائدة التي تسعى إلى تقديمها، وفي مدى تناسبها مع القارئ المستهدف وواقعه. وبالنسبة إلى المشروعيّة الأولى، سيكون السؤال الذي سنتناوله هو، ما مدى مشروعيّة دراسة نظريّة الاعتراف عند روسّو، وما مدى مشروعيّة القول بأنّ هذه النظريّة هي النظريّة التأسيسيّة الرائدة، في تاريخ فلسفة الاعتراف؟ وبالنسبة إلى المشروعيّة الثانية، فستتّخذ شكل الراهنيّة، إذ سيكون السؤال المطروح بهذا الخصوص هو: ما هي راهنيّة فلسفة روسّو عمومًا، ونظريّتي الاعتراف والعدالة لديه خصوصًا، بالنسبة إلى الواقع والقارئ العربيّين؟ وبخصوص سؤالي المشروعيّة، يتبنى البحث أطروحةً مفادها تأكيد وجود هاتين المشروعيّتين. وعلى هذا الأساس، ينقسم بحثنا إلى قسمين أساسيّين: يناقش القسم الأوّل علاقة روسّو بفلسفة الاعتراف، في حين يوضّح القسم الثاني مدى حضور فلسفة روسّو في الفكر العربيّ الحديث والمعاصر، ومدى أهمّيّة هذا الحضور وضرورته، بالنسبة إلى القارئ والواقع العربيّين. (shrink)

The debate over when medical research may be performed in developing countries has steered clear of the broad issues of social justice in favor of what seem more tractable, practical issues. A better approach will reframe the question of justice in international research in a way that makes explicit the links between medical research, the social determinants of health, and global justice.

A review of Eva Kittay's Love's Labor: Essays on Women, Equality, and Dependency (Routledge, 1999).

This piece discusses the account of contested territories and of corrective justice Moore offers in A Political Theory of Territory. In Chapter 6, Moore offers an occupancy account of boundary-drawing. My discussion focuses on the status of Moore's occupancy account compared to the statist and nationalist accounts it aims to replace. Specifically, I consider whether these other accounts are as unsuccessful as Moore suggests, and whether Moore's account is as distinct from these accounts as she suggests. In Chapter 7, Moore (...) offers a distinction between three different types of rights violations involved in the unjust taking of territory, and considers potential remedies for each. My discussion focuses on the arguments Moore offers to justify the presence or absence of certain remedies, in particular the right of return and the redistribution of land. I conclude that the territorial claims of historically wronged groups are too quickly dismissed, and I suggest that this is problematic from the point of view of Moore's own account. (shrink)

The settlements surrounding the Exxon Valdez oil spill prove to be an interesting case of retributive and corrective justice in regard to damage to the ecology of the commons, particularly in light of the recent Deepwater Horizon spill in the Gulf of Mexico. After reviewing the harm done to the ecology of Prince William Sound by the spill, and an account of Exxon Corporation’s responsibility, I examine the details of the litigation, particularly the Supreme Court decision in this matter. In (...) the early settlement, there is a clear disproportion between damage awards to plaintiffs representing the current economic users of Prince William Sound versus the trustees for the Sound’s commons. I argue that the disproportion reveals not only a thoroughly economic understanding of ecological commons, but bias in the treatment of its current economic users, as opposed to an understanding of such ecologies as true commons shared over generations. I argue that such biases fail reasonable moral tests and do not stand up to common principles of retributive justice. I end by suggesting a legal maneuver to correct such tendencies. (shrink)

This article argues that a theory of recognition cannot provide the comprehensive basis for a critical theory or a conception of social justice. In this respect, I agree with Fraser's impulse to include more in such a theory, such as distributive justice and participatory parity. Fraser does not go far enough, to the extent that methodologically she seeks a theory of the same sort as Honneth's. Both Honneth's and Fraser's comprehensive theories cannot account for a central phenomenon of contemporary societies: (...) domination as structural exclusion rather than tyranny or the lack of parity. This phenomenon shows that at the very least freedom (rather than merely justice or recognition) ought to remain central to any critical theory of globalization. Most of all, both theories fail to provide a way to decide whether democratic practices can produce justice. A pluralist and pragmatic form of critical theory is thus superior to any comprehensive normative theory. (shrink)

This article will investigate Rawls's claim that his theory is Kantian in origin. In drawing on the Lectures on the History of Moral Philosophy, I will show that Rawls's claim to be Kantian cannot be conclusively explained and assessed without the Lectures. An investigation of the Lectures shows that Rawls forces onto Kant's theory a Rawlsian interpretation which crucially alters Kant's theory. So far the secondary literature has neglected to subject Rawls's Lectures to detailed philosophical scrutiny. This article aims to (...) fill this gap in the literature on Rawls's Kantianism. I will identify three points in Rawls's interpretation of Kant (need for CI-procedure, willing condition, true human needs) which are questionable. I argue that the similarities of Rawls's theory to Kant are due to these (mis)interpretations, which makes Rawls's claim to be Kantian ultimately not legitimate. (shrink)

Reprint of an article first appearing in the journal _Politikon_ in 2017.

H. Tristram Engelhardt, Jr.; The DeChristianization of Christian Health Care Institutions, or, How the Pursuit of Social Justice and Excellence can Obscure the.

For quite some time, reinsurance companies have been pricing the ongoing climate change using weather- and catastrophe-related instruments and thus have been able to make money through climate change. Yet, at the same time, for reinsurance companies it is crucial that the likelihood of the events they underwrite is diminished as much as possible. Consequently, while profiting from the situation, these key actors of global capitalism also work to prevent climate change from taking place, and support the kinds of measures, (...) on all political scales, that diminish the likelihood of severe climate change destruction. This article analyzes the materials that the reinsurance company Munich Re has distributed to stakeholders and asks how climate change is objectified by the reinsurance industry. How are weather-related catastrophes made into a financial risk and opportunity? The key conceptual tools for answering these questions are provided by Michel Serres’s work on world-objects. (shrink)

While debates over the existence of climate change rage on, impacts thereof have begun to unfold. Yet such impacts are uneven: for some, the impacts of climate change comprise direct threats, while for others it remains a relatively abstract idea. In this essay, I suggest that conceptualizing climate change as violence rather than exclusively an environmental or technological problem brings it closer to everyday life by exposing it as a concrete social and political issue, and that film provides a medium (...) through which audiences might profitably grapple with climate change as violence. I first situate climate change amidst theories of structural violence and slow violence. I then argue that film represents the violence of climate change in a way that invites its audiences to locate their own corporeal and psychic lives in relation to climate change impacts. I demonstrate these claims through readings of The Day after Tomorrow and Half-Life. (shrink)

The need for informed analyses of health policy is now greater than ever. The twelve essays in this volume show that public debates routinely bypass complex ethical, sociocultural, historical, and political questions about how we should address ideals of justice and equality in health care. Integrating perspectives from the humanities, social sciences, medicine, and public health, this volume illuminates the relationships between justice and health inequalities to enrich debates. Understanding Health Inequalities and Justice explores three questions: How do scholars approach (...) relations between health inequalities and ideals of justice? When do justice considerations inform solutions to health inequalities, and how do specific health inequalities affect perceptions of injustice? And how can diverse scholarly approaches contribute to better health policy? From addressing patient agency in an inequitable health care environment to examining how scholars of social justice and health care amass evidence, this volume promotes a richer understanding of health and justice and how to achieve both. -/- The contributors are Judith C. Barker, Paula Braveman, Paul Brodwin, Jami Suki Chang, Debra DeBruin, Leslie A. Dubbin, Sarah Horton, Carla C. Keirns, J. Paul Kelleher, Nicholas B. King, Eva Feder Kittay, Joan Liaschenko, Anne Drapkin Lyerly, Mary Faith Marshall, Carolyn Moxley Rouse, Jennifer Prah Ruger, and Janet K. Shim. (shrink)