Some people may think that libertarianism and meritocracy have much in common; that the libertarian's ideal world looks like the meritocrat's ideal world; and that the public policies guiding us to each are one and the same. This is wrong in all respects. In this essay I explain why. -/- After providing an overview of meritocratic justice, I argue that meritocracy is a more compelling theory of distributive justice than libertarianism. Meritocracy better protects the core value of personal responsibility; incorporates (...) efficiency-enhancing regulation which libertarianism cannot; provides more positive liberty; and solves salient, real-world debates about distributive justice. (shrink)

"Ethical Explorations: Moral Dilemmas in a Universe of Possibilities" by Brendan Shea is an open access textbook that provides a comprehensive study of ethical philosophy. Shea makes it his task to chart the sprawling landscape of moral thought from ancient times to the present, employing a straightforward, easily accessible style. -/- In the book, each chapter addresses a distinct ethical theory. Shea discusses everything from Plato's allegorical Cave to contemporary issues in bioethics. The text features relatable narratives, clear explanations of (...) core concepts, thought-provoking questions, and handy glossaries to help readers grasp the subject matter. -/- Among the topics, you'll find the principles of utilitarianism through the adventures of a princess, an exploration of duty via a story about a golem, and a look at natural law theory through an engaging science-fiction tale. Contemporary themes also make an appearance, including discussions on Marxism, Nietzsche's radical ideas, Simone de Beauvoir's intersection of feminism and existentialism, and racial theories from W.E.B. Du Bois and Martin Luther King. -/- As an open access (CC-BY) textbook, "Ethical Explorations" is freely available to everyone, making the study of moral philosophy accessible to all. It's a tool that gives its readers the means to wrestle with ethical questions in an ever-changing world. (shrink)

Leistungssportlerinnen, die in populären Sportarten erfolgreich sind, kommen in den Genuss hoher Einkommen und großen sozialen Ansehens. Gleichzeitig ist ihr Erfolg von Voraussetzungen abhängig, die zu einem signifikanten Teil von ihrem Genotyp bestimmt werden. Diesen Sportlern werden also durch gesellschaftliche Prozesse substantielle Vorteile aufgrund von Eigenschaften zuteil, auf deren Vorhandensein sie keinen Einfluss haben. Wir untersuchen, wie wir vor dem Hintergrund verschiedener Gerechtigkeitsvorstellungen mit diesem Phänomen umgehen sollten. Wir argumentieren, dass die konsistente Berücksichtigung von Intuitionen zur gerechten Güterverteilung an Wettkämpferinnen (...) eine deutliche Ausweitung des Einsatzes von Wettkampfklassen erfordert. Die bestehenden Ungleichverteilungen lassen sich nicht allein mit Verweis auf ein Recht auf Selbsteigentum rechtfertigen. Sie verursachen auch keine Verbesserungen der Lage von besonders schlecht gestellten Individuen im Wirkungsbereich des Leistungssports, auf die zugunsten ihres Weiterbestehens verwiesen werden könnte. Trotz des erheblichen Aufwandes und der deutlichen Veränderungen im Charakter des Leistungssports, die mit der vorgeschlagenen Differenzierung von Wettkampfklassen einhergingen, ist diese Maßnahme geboten. (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)

This book develops a novel approach to distributive justice by building a theory based on a concept of desert. As a work of applied political theory, it presents a simple but powerful theoretical argument and a detailed proposal to eliminate unmerited inequality, poverty, and economic immobility, speaking to the underlying moral principles of both progressives who already support egalitarian measures and also conservatives who have previously rejected egalitarianism on the grounds of individual freedom, personal responsibility, hard work, or economic efficiency. (...) By using an agnostic, flexible, data-driven approach to isolate luck and ultimately measure desert, this proposal makes equal opportunity initiatives both more accurate and effective as it adapts to a changing economy. It grants to each individual the freedom to genuinely choose their place in the distribution. It provides two policy variations that are perfectly economically efficient, and two others that are conditionally so. It straightforwardly aligns outcomes with widely shared, fundamental moral intuitions. Lastly, it demonstrates much of the above by modeling four policy variations using 40 years of survey data from the Panel Study of Income Dynamics. (shrink)

Pe parcursul anului trecut, la Institutul de Cercetări Economice şi Sociale „Gheorghe Zane” din Iaşi, a avut loc workshopul „Concepte şi argumente în filosofia social-politică. Interpretări şi dezbateri”. Workshopul s-a desfăşurat în cadrul proiectului POSDRU „Societatea bazată pe cunoaştere: cercetări, dezbateri, perspective”. Cartea de faţă este principalul rezultat al acestui workshop. Ea a fost gândită şi propusă spre publicare în primul rând din speranţa că va fi utilă celor care doresc să se iniţieze – sau celor care încearcă să-i iniţieze (...) pe alţii – în teoria şi filosofia social-politică (mai ales cea contemporană). Aceasta cu atât mai mult cu cât, la noi, lucrările de acest tip (fie semnate de autori români, fie traduceri) sunt încă destul de rare. Mă refer aici la lucrările care acordă o atenţie specială (şi) filosofiei politice (teoriei politice normative), nu doar ştiinţei politice sau politologiei (teoriei politice empirice). Dacă cele din urmă apar din ce în ce mai frecvent în ultima vreme, cele dintâi rămân, din păcate, foarte puţine, chiar insuficiente. Cartea nu este nici pe departe una exhaustivă. În ciuda acestui „defect”, cred că ea îşi poate îndeplini totuşi obiectivul fundamental, fie şi numai pentru că oferă analize, prezentări şi comentarii despre câteva dintre cele mai importante concepte şi teorii din teoria socială şi politică recentă. Mai mult, în cadrul ei sunt discutate inclusiv unele concepte sau/şi teorii încă puţin analizate la noi (precum „multiculturalismul”, „dreptatea socială”, „genul” sau „democraţia deliberativă”). Se obişnuieşte uneori ca autorul introducerii unui volum de acest tip să prezinte în rezumat şi principalele idei apărate sau/şi metodologii utilizate de autorii fiecăruia dintre capitole. Eu nu voi face acest lucru. Motivul? Aş risca să fiu redundant, de vreme ce astfel de precizări şi rezumate au fost deja realizate de autorii volumului, chiar în debutul capitolelor pe care le semnează. Acestea fiind spuse, ţin să mai evidenţiez doar un singur lucru: aşa cum se va observa cu siguranţă, multe dintre capitolele lucrării nu sunt simple texte introductive (deşi au, fără îndoială, şi o astfel de dimensiune). Altfel spus, autorii acestor capitole nu s-au mulţumit să prezinte doar ideile, argumentele sau teoriile altor autori (şi în special ale celor consideraţi de referinţă) în problemele pe care le analizează. De multe ori, ei prezintă, dimpotrivă, şi idei, opinii, interpretări, argumente, perspective sau chiar teorii ori măcar „semiteorii” proprii asupra conceptelor şi problemelor pe care le abordează. Acest lucru nu ar trebui să fie surprinzător. Pentru fiecare dintre autorii capitolelor din acest volum, conceptele şi problemele pe care le prezintă aici constituie o preocupare sistematică şi constantă, dacă nu chiar preocuparea lor fundamentală, cel puţin în ultimii ani. De altfel, cel puţin în România, preocupările şi contribuţiile în domeniu ale multora dintre ei sunt deja cunoscute şi comentate, fie şi doar în cercul restrâns al specialiştilor şi al celor interesaţi de teoria social-politică. (shrink)

Príspevok je zameraný na problém spravodlivosti Johna Rawlsa v diele Teória spravodlivosti. Obsah práce je koncipovaný ako analýza dvoch princípov spravodlivosti, pričom sa zameriava na ich ťažiskové aspekty. Príspevok sa snaží vyjasniť význam dvoch zásad spravodlivosti prostredníctvom skúmania obsahového zloženia prvého i druhého princípu. V súvislosti s druhým princípom je cieľom nielen objasniť význam férovej rovnosti príležitostí, ale i vzťah druhého princípu s princípom efektívnosti a vzťah demokratického chápania spravodlivosti s princípom rozdielnosti. Zámerom príspevku je tiež poukázať na princíp distribúcie, (...) a to nielen z teoretickej perspektívy. V tejto súvislosti chce text upozorniť aj na prepojenosť distribúcie a zásluh. Pre Rawlsa je dôležité upozorňovať na lexikálnu nadradenosť prvého princípu, preto text neobchádza ani túto skutočnosť. Zároveň s tým verbalizuje rozdiel medzi oboma fundamentálnymi princípmi. (shrink)

While there is an extensive literature on how the precautionary principle should be interpreted and when precautions should be taken, relatively little discussion exists about the fair distribution of costs of taking precautions. We address this issue by proposing a general framework for deciding how costs of precautions should be shared, which consists of a series of default principles that are triggered according to desert, rights, and ability to pay. The framework is developed with close attention to the pragmatics of (...) how distributions will affect actual behaviours. It is intended to help decision-makers think more systematically about distributional consequences of taking precautionary measures, thereby to improve decision-making. Two case studies—one about a ban on turtle fishing in Costa Rica, and one about a deep-sea mining project in Papua New Guinea—are given to show how the framework can be applied. (shrink)

Sumantra Ghoshal’s condemnation of “bad management theories” that were “destroying good management practices” has not lost any of its salience, after a decade. Management theories anchored in agency theory (and neo-classical economics generally) continue to abet the financialization of society and undermine the functioning of business. An alternative approach (drawn from a more classic institutional, new ecological, and refocused ethical approaches) is reviewed.

This paper analyses the political discourse of Finnish national parks from a perspective of values and justice. By examining the historical and contemporary political processes for establishing parks, we study the definitions of social justice and values attached to nature. An examination of conservation discourse illustrates how the meaning of national parks has changed. Parks are no longer perceived as threats to economic activity; on the contrary, at present parks are considered to benefit the tourism industry. We also argue that (...) a precondition for a socially sustainable solution to political conflict is the definition of minimum rights accepted by all interest groups. (shrink)

This book analyzes major ethical issues surrounding the use of climate engineering, particularly solar radiation management techniques, which have the potential to reduce some risks of anthropogenic climate change but also carry their own risks of harm and injustice. The book argues that we should approach the ethics of climate engineering via "non-ideal theory," which investigates what justice requires given the fact that many parties have failed to comply with their duty to mitigate greenhouse gas emissions. Specifically, it argues that (...) climate justice should be approached comparatively, evaluating the relative justice or injustice of feasible policies under conditions that are likely to hold within relevant timeframes. Likely near-future conditions include "pessimistic scenarios," in which no available option avoids serious ethical problems. The book contends that certain uses of SRM can be ethically defensible in some pessimistic scenarios. This is the first book devoted to the many ethical issues surrounding climate engineering. (shrink)

One important trend in political philosophy is to hold that non-human animals don't directly place demands of justice on us. Another important trend is to give considerations of justice normative priority in our general normative theorising about social/political institutions. This situation is problematic, given the actual ethical standing of non-human animals. Either we need a theory of justice that gives facts about non-human animals a non-derivative explanatory role in the determination of facts about what justice involves, or else we should (...) be wary of the default normative priority that considerations of justice have in much of contemporary political philosophy. This discussion brings out important general methodological points tied to the role of concept and word choice in normative theorising about our social/political institutions. These methodological points, I argue, matter for a range of discussions in contemporary political philosophy, including those about global justice. (shrink)

Macromarketing attempts to address issues that engage marketing and society and previous ethical scholarship has focused on distributive justice and on exchanges that occur in conventional markets. As our research highlights, however, the distributive justice approach alone is insufficient for managing the complexities, ethical paradoxes, and out-of-market conditions associated with wicked, cross-national social concerns. In this article, we integrate macromarketing with the theory of the common good in order to provide a foundation for framing societal change that can encompass nonmarket (...) value, stakeholder rights, collective social priorities, organizational responsibilities, and political action. (shrink)

Early intervention aims to identify children or families at risk of poor health, and take preventative measures at an early stage, when intervention is more likely to succeed. EI is concerned with the just distribution of “life chances,” so that all children are given fair opportunity to realize their potential and lead a good life; EI policy design, therefore, invokes ethical questions about the balance of responsibilities between the state, society, and individuals in addressing inequalities. We analyze a corpus of (...) EI policy guidance to investigate explicit and implicit ethical arguments about who should be held morally responsible for safeguarding child health and well-being. We examine the implications of these claims and explore what it would mean to put the proposed policies into practice. We conclude with some remarks about the useful role that philosophical analysis can play in EI policy development. (shrink)

Science communication, as a field and as a practice, is fundamentally about knowledge distribution; it is about the access to, and the sharing of knowledge. All distribution brings with it issues of ethics and justice. Indeed, whether science communicators acknowledge it or not, they get to decide both which knowledge is shared, and who gets access to this knowledge. As a result, the decisions of science communicators have important implications for epistemic justice: how knowledge is distributed fairly and equitably. This (...) paper presents an overview of issues related to epistemic justice for science communication, and argues that there are two quite distinct ways in which science communicators can be just in the way they distribute knowledge. Both of these paths will be considered before concluding that, at least on one of these accounts, science communication as a field and as a practice is fundamentally epistemically unjust. Possible ways to redress this injustice are suggested. (shrink)

For the last 50 years the idea of consumer rights has formed an essential element in the formulation of policy to guide the workings of the marketplace. The extent and coverage of these rights has evolved and changed over time, yet there has been no comprehensive analysis as to the purpose and scope of consumer rights. In moral and ethical philosophy, rights are integrally linked to the notion of justice. By reassessing consumer rights through a justice-based framework, a number of (...) key issues emerge regarding the way in which markets enable justice for consumers. The consumer rights which underpin the United Nations consumer protection guidelines address all forms of justice to some degree, but the predominant focus is on procedural justice. Our conclusions question whether this is sufficient and also whether there is a case to develop the notion of consumer ‘duties’ that complement the idea of rights. (shrink)

The indifference objection is one of the most powerful objections to sufficientarianism. Critics argue that sufficientarianism is objectionably indifferent to the distribution of benefits and burdens. This article focuses on the criticism of the latter, particularly the claim that sufficientarianism is indifferent to taxation. Contrary to this allegation, it is argued that sufficientarianism warrants progressive taxation, the reason being that even those who are sufficiently well off face the risk of being pushed below sufficiency. This risk decreases the better off (...) someone is as it is easier for those who are better off to deal with sufficiency-threatening circumstances. It is argued that the risk of insufficiency understood as a function of distance to the threshold justifies progressive taxation. The proposed line of reasoning corresponds to the sufficientarian belief that there should be no redistribution between the rich, as the differences in risk of insufficiency eventually become marginal among those who are very well off. Moreover, the proposed rationale for progressive taxation does not depend on prioritarian or egalitarian reasoning. Rather, it transpires that sufficientarianism is well-suited to justify the progressive redistributive system of the modern welfare state. (shrink)

ABSTRACTThe role that principles of global health ethics play in the formulation of global and national level policies remains poorly understood. In this article we examine the status and trajectory of India, as a prototype low-middle income country that is on track to meet some important health targets set by the Sustainable Development Goals, with a view to assessing how relevant the global goals are to achieving equitable health care and health outcomes in India. We define the principles of global (...) health ethics relevant to our discussion and then examine some critical aspects of Indian healthcare policy through this lens. We demonstrate various areas where principles of global health ethics have been overlooked in planning and resulted in serious flaws in the healthcare system. It is our position that explicit attention should be given to the principles of global health ethics while framing policy at the national as well as the global level to ensure just health care outcomes in the future. (shrink)

Contemporary accounts of medical ethics and professionalism emphasize the importance of social justice as an ideal for physicians. This ideal is often specified as a commitment to attaining the universal availability of some level of health care, if not of other elements of a “decent minimum” standard of living. I observe that physicians, in general, have not accepted the importance of social justice for professional ethics, and I further argue that social justice does not belong among professional norms. Social justice (...) is a norm of civic rather than professional life; professional groups may demand that their members conform to the requirements of citizenship but ought not to require civic virtues such as social justice. Nor should any such requirements foreclose reasonable disagreement as to the content of civic norms, as requiring adherence to common specifications of social justice would do. Demands for any given form of social justice among physicians are unlikely to bear fruit as medical education is powerless to produce this virtue. (shrink)

If one sits in the stands for awhile at a local sporting contest, whether it is wrestling, soccer, baseball or particularly basketball, before long someone will exclaim toward a referee, ?That was a makeup call. You owe us one.? Everyone knows what this means but if an eight-year old beside you hears this screamed for the first time and asks, ?What does that mean?? An explanation given to her will be something like ?that's when an official makes a call and (...) immediately realizes it was a wrong call so at the first opportunity he can he makes a call against the team that has benefitted from the previous call; he is trying to even things out for his mistake.? The referee or umpire is attempting to be fair by ?giving back? the call with a ?makeup call.? A make-up call can be defined as the act of compensating for a questionable or bad officiating call by making a proportionally even call against the team that was aided by the first call. Usually these are immediate and obvious. They can also be conscious or subconscious, intentional or unintentional. The hope is that the two calls generally offset one another without either team being dramatically harmed. I will argue that the makeup call is prima facie immoral but if one were to attempt to find moral justification for it, this could best be done through a corrective theory of justice. But this presents a number of moral questions and ambiguities, most significantly, is a makeup call just and fair? Is it appropriate to understand the makeup call as an example of two wrongs making a right? A broader philosophic al question about officiating is whether each call in a contest should be viewed by as an independent single call with the goal of the official getting that one immediate call correct or should each call be understood as in a direct relationship with every other call in that game as a type of gestalt thus justifying makeup calls? This work will probe the depths of the highly suspect yet common moral puzzle, the makeup call. (shrink)

As a contribution to the continuing debate about tax practitioner ethics, this paper explores the main streams of Western ethical thought that are relevant to tax practitioners’ work, most typically deontology and consequentialism. It then goes on to consider the impact of such ethical influences on the professional ethical codes of conduct that govern tax practitioners’ work, and attempts to unravel the complex work and ethical environment of the practice of tax in terms of tax compliance and tax avoidance. The (...) paper then examines the prior studies on tax practitioners and ethics and the type of dilemmas that practitioners face in the context of their work. The paper proceeds to examine empirically the extent to which tax practitioners take a consequentialist versus a deontological approach in their reasoning about moral dilemmas. This is carried out by an innovative use of the Defining Issues Test. (shrink)

Modern society makes extensive use of automated algorithmic decisions, fueled by advances in artificial intelligence. However, since these systems are not perfect, questions about fairness are increasingly investigated in the literature. In particular, many authors take a Rawlsian approach to algorithmic fairness. This article aims to identify some complications with this approach: Under which circumstances can Rawls’s original position reasonably be applied to algorithmic fairness decisions? First, it is argued that there are important differences between Rawls’s original position and a (...) parallel algorithmic fairness original position with respect to risk attitudes. Second, it is argued that the application of Rawls’s original position to algorithmic fairness faces a boundary problem in defining relevant stakeholders. Third, it is observed that the definition of the least advantaged, necessary for applying the difference principle, requires some attention in the context of algorithmic fairness. Finally, it is argued that appropriate deliberation in algorithmic fairness contexts often require more knowledge about probabilities than the Rawlsian original position allows. Provided that these complications are duly considered, the thought-experiment of the Rawlsian original position can be useful in algorithmic fairness decisions. (shrink)

There exists a significant disparity within society between individuals in terms of intelligence. While intelligence varies naturally throughout society, the extent to which this impacts on the life opportunities it affords to each individual is greatly undervalued. Intelligence appears to have a prominent effect over a broad range of social and economic life outcomes. Many key determinants of well-being correlate highly with the results of IQ tests, and other measures of intelligence, and an IQ of 75 is generally accepted as (...) the most important threshold in modern life. The ability to enhance our cognitive capacities offers an exciting opportunity to correct disabling natural variation and inequality in intelligence. Pharmaceutical cognitive enhancers, such as modafinil and methylphenidate, have been shown to have the capacity to enhance cognition in normal, healthy individuals. Perhaps of most relevance is the presence of an ‘inverted U effect’ for most pharmaceutical cognitive enhancers, whereby the degree of enhancement increases as intelligence levels deviate further below the mean. Although enhancement, including cognitive enhancement, has been much debated recently, we argue that there are egalitarian reasons to enhance individuals with low but normal intelligence. Under egalitarianism, cognitive enhancement has the potential to reduce opportunity inequality and contribute to relative income and welfare equality in the lower, normal intelligence subgroup. Cognitive enhancement use is justifiable under prioritarianism through various means of distribution; selective access to the lower, normal intelligence subgroup, universal access, or paradoxically through access primarily to the average and above average intelligence subgroups. Similarly, an aggregate increase in social well-being is achieved through similar means of distribution under utilitarianism. In addition, the use of cognitive enhancement within the lower, normal intelligence subgroup negates, or at the very least minimises, several common objections to cognitive enhancement. Subsequently, this paper demonstrates that there is a compelling case for cognitive enhancement use in individuals with lower, normal intelligence. (shrink)

Through modern driver assistant systems, algorithmic decisions already have a significant impact on the behavior of vehicles in everyday traffic. This will become even more prominent in the near future considering the development of autonomous driving functionality. The need to consider ethical principles in the design of such systems is generally acknowledged. However, scope, principles and strategies for their implementations are not yet clear. Most of the current discussions concentrate on situations of unavoidable crashes in which the life of human (...) beings is existentially affected. In this paper, we argue that ethical considerations should be mandatory for any algorithmic decision of autonomous vehicles, instead of a limitation to hazard situations. Such an ethically aligned behavior is relevant because autonomous vehicles, like any other traffic participants, operate in a shared public space, where every behavioral decision impacts the operational possibilities of others. These possibilities concern the fulfillment of a road-user’s safety, utility and comfort needs. We propose that, to operate ethically in such space, an autonomous vehicle will have to take its behavior decisions according to a just distribution of operational possibilities among all traffic participants. Using an application on a partially-autonomous prototype vehicle, we describe how to apply and implement concepts of distributive justice to the driving environment and demonstrate the impact on its behavior in comparison to an advanced but egoistic decision maker. (shrink)

This paper presents an exercise in the formalization of political principles, by taking as its theme the concept of distributive justice that Karl Marx advanced in his Critique of the Gotha Programme. We first summarize the content of the Critique of the Gotha Programme. Next, we transcribe the core of Marx’s presentation of the concept of distributive justice. Following, we present our formalization of Marx’s conception. Then, we make use of that formal analysis to confront Marx’s principle of distributive justice (...) with John Rawls’ conception of justice as fairness, and the principles of distributive justice that derive from it. Finally, we discuss methodological issues relative to, and implications of, the way of formalizing political principles introduced here. (shrink)

Bargaining games typically involve two players distributing a specific payoff (usually money), and will be our focus here, as they are especially helpful for examining the moral psychology of justice. Examples include the ultimatum game and dictator game. We will also look at a novel twist on the dictator game by the psychologist Daniel Batson, which has fostered a large experimental literature on what he calls ‘moral hypocrisy.’ Finally we will connect this discussion of economic games to the virtue of (...) justice and to other personality traits such as agreeableness, honesty-humility, and justice sensitivity. (shrink)

An analysis of the nature of good governance as it figures into the Royal Government of Bhutan's policy of Gross National Happiness.

An analysis of the value of community vitality as it figures into the Royal Government of Bhutan's policy of Gross National Happiness.

This thesis assesses philosophical arguments in favour of patent systems. These come in both consequentialist and deontological forms, the latter of which are the focus of this analysis. One kind of deontological argument is based on the concept of desert. I argue that on any plausible conception of desert, the patent system fails to distribute rewards as well as viable alternative systems could. The other kind of deontological argument claims that inventors are entitled to patent rights over their inventions as (...) an extension of their natural rights, drawing on a Lockean account of the conditions of legitimate appropriation of unowned goods. After a discussion of the metaphysics of invention, and of the nature of the commons, I argue that Locke's conditions are not in fact always trivially satisfied in the case of patents. Furthermore, entitlement-based arguments conclude that because new inventions are unowned, claiming property rights in them involves only the same moral considerations that would apply in the state of nature. I argue that because we are not in the state of nature, pre-existing property rights also need to be taken into account, which conflict with patents. The broad conclusion of this thesis is that none of the plausible deontological arguments for patent systems are sound. The implication is that any justification of must therefore be made in consequentialist terms; this ultimately rests on strong empirical evidence rather than normative arguments alone. (shrink)

In contemporary philosophy about justice, a contrast between empirical and transcendental approaches can be identified. Hillel Steiner represents an empirical approach: he argues for building an account of justice-as-rights out of the minimal inductive material of psychological linguistic and moral intuitions. From this opening, he ultimately concludes that persons have original rights to self-ownership and to an initially equal share of natural resources. Emmanuel Levinas represents a transcendental approach: he argues that justice arises from a transcendent ethical relation of responsibility-for-the-Other. (...) This relation underpins all subjective cognition, and makes rationality, reasoning, and rights possible.Analysis of each of these positions reveals certain problems. On the one hand, Steiner’s argument contains a number of latent methodological, conceptual, and structural presuppositions. These include the pretheoretical concepts of “person”, “equality”, and “consistency”. These presuppositions prefigure and condition the conclusions which Steiner reaches. On the other hand, Levinas fails to provide a convincing account of how the self comes to be an object of my own deliberations about morality and justice. This amounts to an annihilation of the subject which undermines his argument for the subject as a site of responsible action. As Steiner identifies, justice encompasses equal moral agents. Levinas’s hyperbolic description of the ethical relation’s asymmetry must therefore be revised.Nevertheless, what remains is the strength of Levinas’s argument for the priority of the ethical relation over thematization, rationality, and consciousness. The hidden presuppositions supporting Steiner’s work are evidence of Levinas’s plausibility in this respect. Steiner’s account of justice-as-rights requires a prior ethical relation in which we recognise one another as separate persons, each possessing an ethical status of their own; an attitude of justice motivates Steiner’s description of justice. This attitude is evident in language, which is communication before it is thought. In that individual rights can be conceived only on the basis of a relation of responsibility, rights are primordially the rights of the Other. (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)

Conceptul de dreptate socială este unul dintre cele mai controversate concepte ale filosofiei politice. Foarte puține aspecte legate de acest concept nu sunt înconjurate de controverse și dezbateri argumentative. Unele dintre cele mai importante astfel de controverse sunt cele legate de definirea, de specificarea și de legitimitatea lui. Prima este, în esență, o controversă în privința răspunsului la următoarea întrebare: care este conceptul care surprinde cel mai bine trăsătura fundamentală a dreptății și nedreptății sociale? A doua este o controversă în (...) privința exigențelor sau a principiilor „corecte” ale dreptății sociale. În sfărșit, a treia este o controversă pe marginea acceptabilității conceptului de dreptate socială. În studiul de față prezint pe scurt principalele idei, poziții și argumente invocate de filosofii politici recenți în cadrul fiecăreia dintre aceste controverse. (shrink)

The dissertation concerns F. A. Hayek’s critique of legislation. The purpose of the investigation is to clarify and assess that critique. I argue that there is in Hayek’s work a critique of legislation that is distinct from his well-known critique of social planning. Further that the main claim of this critique is what I refer to as Hayek’s legislation tenet, namely that legislation that aims to achieve specific aggregate results in complex orders of society will decrease the welfare level. The (...) legislation tenet gains support; from the welfare claim – according to which there is a positive correlation between the utilization of knowledge and the welfare level in society; from the dispersal of knowledge thesis – according to which the total knowledge of society is dispersed and not available to any one agency; and from the cultural evolution thesis – according to which evolutionary rules are more favorable to the utilization of knowledge in social cooperation than are legislative rules. More specifically, I argue that these form two lines of argument in support of the legislation tenet. One line of argument is based on the conjunction of the welfare claim and the dispersal of knowledge thesis. I argue that this line of argument is true. The other line of argument is based on the conjunction of the welfare claim and the cultural evolution thesis. I argue that this line of argument is false, mainly because the empirical work of political scientist Elinor Ostrom refutes it. Because the two lines of argument support the legislation tenet independently of each other, I argue that Hayek’s critique of legislation is true. In this dissertation, I further develop a legislative policy tool as based on the welfare claim and Hayek’s conception of coercion. I also consider Hayek’s idea that rules and law are instrumental in forging rational individual action and rational social orders, and turn to review this idea in light of the work of experimental economist Vernon Smith and economic historian Avner Greif. I find that Smith and Greif support this idea of Hayek’s, and I conjecture that it contributes to our understanding of Adam Smith’s notion of the invisible hand: It is rules – not an invisible hand – that prompt subjects to align individual and aggregate rationality in social interaction. Finally, I argue that Hayek’s critique is essentially utilitarian, as it is concerned with the negative welfare consequences of certain forms of legislation. And although it may appear that the dispersal of knowledge thesis will undermine the possibility of carrying out the utilitarian calculus, due to the lack of knowledge of the consequences of one’s actions – and therefore undermine the legislation tenet itself – I argue that the distinction between utilitarianism conceived as a method of deliberation and utilitarianism conceived as a criterion of correctness may be used to save Hayek’s critique from this objection. (shrink)

As scientific progress approaches the point where significant human enhancements could become reality, debates arise whether such technologies should be made available. This paper evaluates the widespread concern that human enhancements will inevitably accentuate existing inequality and analyzes whether prohibition is the optimal public policy to avoid this outcome. Beyond these empirical questions, this paper considers whether the inequality objection is a sound argument against the set of enhancements most threatening to equality, i.e., cognitive enhancements. In doing so, I shall (...) argue that cognitive enhancements can be embraced wholeheartedly, for three separate reasons. However, though the inequality objection does not sufficiently support the conclusion that cognitive enhancements should be prohibited, it raises several concerns for optimal policy design that shall be addressed here. (shrink)

The growing epidemic of allergy and allergy-induced asthma poses a significant challenge to population health. This article, written for a target audience of policy-makers in public health, aims to contribute to the development of policies to counter allergy morbidities by demonstrating how principles of social justice can guide public health initiatives in reducing allergy and asthma triggers. Following a discussion of why theories of social justice have utility in analyzing allergy, a step-wise policy assessment protocol formulated on Rawlsian principles of (...) social justice is presented. This protocol can serve as a tool to aid in prioritizing public health initiatives and identifying ethically problematic policies that necessitate reform. Criteria for policy assessment include: 1) whether a tentative public health intervention would provide equal health benefit to a range of allergy and asthma sufferers, 2) whether targeting initiatives towards particular societal groups is merited based on the notion of ‘worst-off status’ of certain population segments, and 3) whether targeted policies have the potential for stigmatization. The article concludes by analyzing three examples of policies used in reducing allergy and asthma triggers in order to convey the general thought process underlying the use of the assessment protocol, which public health officials could replicate as a guide in actual, region-specific policy development. (shrink)