In this article I am concerned with reasoning about matters of justice. There is no doubt that justice-reasoning is a significant mode of ethical reasoning and its importance is therefore generally accepted. But there is a considerable debate concerning the role formal justice can play in reasoning about justice. In this paper, I first provide an analysis of formal justice. I then show that the concept of formal justice is identical to one notion of fairness and I illustrate the function (...) of formal justice in reasoning about issues of fairness. In the third section, I argue that formal justice is an essential component of justice tout court and I demonstrate its value for understanding and assessing reasoning about matters of justice. The overall result of this investigation is that formal justice is an important notion that has a special function in moral thinking, which has not been sufficiently appreciated in the literature. (shrink)

Waiting time is widely used in health and social policy to make resource allocation decisions, yet no general account of the moral significance of waiting time exists. We provide such an account. We argue that waiting time is not intrinsically morally significant, and that the first person in a queue for a resource does not ipso facto have a right to receive that resource first. However, waiting time can and sometimes should play a role in justifying allocation decisions. First, there (...) is a duty of fairness prohibiting line-cutting where a sufficiently just queue exists. Second, waiting time has several morally attractive features that can justify its incorporation into allocation schemes. Where candidates are in relevantly similar circumstances, allocating by waiting time is relatively efficient, maximizes distribution equality relative to other Pareto efficient distributions, and treats candidates fairly. The claim that allocation using waiting time is fair is controversial. Some have claimed that formal lotteries are a fairer way to select among equal beneficiaries. We argue that lotteries are no fairer than allocation based on waiting time when it is equiprobable how a prospective queue will be ordered. In practice, lotteries share many of the disadvantages of queues; which is fairer will depend on contingent features of the allocation scenario. The upshot is that first-come, first-served is in fact a just way to allocate resources in many of the cases where it seems pre-theoretically compelling, and waiting time has unique normative properties which frequently justify its incorporation into resource allocation schemes. (shrink)

This paper discusses the conditions for legitimate expert arrangements within a democratic order and from a deliberative systems approach. It is argued that standard objections against the political role of experts are flawed or ill-conceived. The problem that confronts us instead is primarily one of truth-sensitive institutional design: Which mechanisms can contribute to ensuring that experts are really experts and that they use their competencies in the right way? The paper outlines a set of such mechanisms. However, the challenge exceeds (...) that of producing epistemically optimal expert deliberations because a deliberative political system must also fulfil the ethical and democratic requirements of respect and inclusion. Yet, epistemic concerns justify expertise arrangements in the first place, and measures taken to make the use of expertise compatible with these requirements have to balance the potential rewards from expertise against potential deliberative costs. In the final part of the paper, the regulatory framework of a best practice expert advice system is tentatively analysed to illustrate the applicability and critical potential of our approach. (shrink)

In the recent literature across philosophy, medicine and public health policy, many influential arguments have been put forward to support the use of randomization procedures to allocate scarce life-saving resources. In this paper, I provide a systematic categorization and a critical evaluation of these arguments. I shall argue that those arguments justify using RAND to allocate SLSR in fewer cases than their proponents maintain and that the relevant decision-makers should typically allocate SLSR directly to the individuals with the strongest claims (...) to these resources rather than use RAND to allocate such resources. (shrink)

Benjamin Bagley ('Properly Proleptic Blame', Ethics 127, July 2017) sets out a dilemma for addressed blame, that is, blame addressed to its targets as an implicit demand for recognition. The dilemma arises when we ask whether offenders would actually appreciate this demand, via a sound deliberative route from their existing motivations. If they would, their offense reflects a deliberative mistake. If they wouldn't, addressing them is futile, and blame's emotional engagement seems unwarranted. Bagley wants to resolve the dilemma in such (...) a way that addressed blame's distinctive elements of hostility and emotional engagement can be accounted for. I argue that Bagley's focus on the proleptic character of addressed blame helps to avoid the dilemma, but that Bagley has difficulties accounting for the element of hostility in addressed blame. I suggest that an alternative account of addressed blame makes better sense of Bagley's paradigm example, avoids Bagley's dilemma in the way Bagley's original solution does, because it preserves addressed blame's proleptic character, and can account for addressed blame's elements of emotional engagement and hostility. (shrink)

In the absence of kidney markets, alternative institutions for exchanging kidneys have arisen to give donors incentives to donate. I examine thirteen such institutions, and ask whether moral arguments against markets, such as commodification, apply to them or not. I find that most arguments against kidney arguments also argue against these alternative institutions, meaning those arguments are not strong enough to prevent society from using institutions to exchange kidneys. Two arguments that do explain which kidney exchange institutions are socially accepted (...) and which are not are that institutions should not be want-regarding and should not be exploitative.Screening donors to eliminate those with socially unacceptable motives for donation and those who are in a position of being exploited could make kidney markets acceptable, since they would then only be vulnerable to arguments which have not prevented alternative exchange institutions from functioning. (shrink)