Historically, as well as more recently, women's emancipation has been seen in two ways: sometimes as the `right to be equal' and sometimes as the `right to be different'. These views have often overlapped and interacted: in a variety of guises they have played an important role in both the development of ideas about women and feminism, and the works of political thinkers by no means primarily concerned with women's liberation. The chapters of this book deal primarily with the meaning (...) and use of these two concepts in the context of gender relations, but also draw attention to their place in the understanding and analysis of other human relationships. (shrink)

This essay reviews G.A. Cohen’s final major work, Rescuing Justice and Equality. In the book, Cohen challenges the Rawlsian account of the content and the concept of justice. This essay offers a summary of Cohen’s main arguments, and develops objections to several of those arguments, particularly Cohen’s claim that his proposed egalitarian ethos is not vulnerable to a well-known trilemma (liberty, equality, efficiency) that might be pressed against it. The essay’s final section offers critical reflections on the important (...) differences between Cohen’s and Rawls’s views about the nature of justice, and suggests that Cohen’s view may not be helpful if we believe justice is a complex value that includes considerations other than distributive equality. (shrink)

Based on a close reading of the debate between Rawls and Sen on primary goods versus capabilities, I argue that liberal theory cannot adequately respond to Sen’s critique within a conventionally neutralist framework. In support of the capability approach, I explain why and how it defends a more robust conception of opportunity and freedom, along with public debate on substantive questions about well-being and the good life. My aims are: to show that Sen’s capability approach is at odds with Rawls’s (...) political liberal version of neutrality; to carve out a third space in the neutrality debate; and to begin to develop, from Sen’s approach, the idea of public value liberalism as a position that falls within that third space.En me basant sur une lecture attentive du débat entre Rawls et Sen sur les biens premiers versus les capabilités, je soutiendrai que la théorie libérale est incapable, dans un cadre neutraliste conventionnel, de répondre adéquatement à des injustices dans le domaine de la santé. À partir de l’approche des capabilités, j’explique pourquoi et comment cette approche permet de défendre une conception plus robuste de l’opportunité et de la liberté, de même qu’un débat public sur des questions substantielles concernant le bien-être et la vie bonne. Mes objectifs sont : de clarifier le rapport entre le neutralisme de Rawls et sa défense des biens premiers,, de démontrer les implications de la critique des capabilités de Sen, et, d’esquisser une troisième position dans le débat sur la neutralité versus le perfectionnisme – à savoir, celle d’un perfectionnisme motivé par des considérations de légitimité. (shrink)

Cécile Laborde proposes a liberal egalitarian view for a liberal state to adopt in its fair treatment of religious citizens. She suggests a method where state neutrality is applied restrictively and religion is “disaggregated” across standard liberal rights. Without recourse to a legal-political category religion, she responds to the problem of religious accommodation by using main elements of a particular liberal right(s) to account for the dimension of religion that an issue of justice makes salient. In reply to the problem (...) of state neutrality, she proposes that a liberal state can be non-neutral in its treatment of religious claims as long as religion is not a marker for social division, does not impose its comprehensive ethics, and provides publicly accessible reasons. I argue that adopting Laborde’s approach has conceptual and pragmatic advantages as a political strategy (modus vivendi) in resolving justice claims. However, its content-neutral and procedural framework partially meets the requirements of justice of religious citizens because of its egalitarian motivation. In adopting a minimal political conception of religion defined by elements of other liberal rights, the liberal state employs a narrow understanding of religion as a “collection” of beliefs and practices. This can result in religious citizens exercising partial or even distorted expressions of their religious identities. I suggest a conceptual refinement in Laborde’s theory if it aims at attracting endorsement from religious citizens as a reasonable conception of justice. I will survey some alternative frameworks and ideas (e.g. Raz value-based approach, Riordan’s capacity for truth argument) and build on their strengths. I propose vocation as a useful concept for a liberal state to employ in appropriately understanding and assessing religious commitment. My modest proposal presents a liberal understanding of religion-state relationship other than those framed in the themes of neutrality, toleration, exclusion, or limitation of practices. (shrink)

Equality has become a highly controversial concept within feminism, not least because standard egalitarian accounts have been accused of neglecting both difference and also issues of real concern to feminists, such as the structure of the `domestic' sphere, contexts of power, and responsibility for domestic work. Michael Walzer's theory of `complex equality' promises a commitment to equality that deploys a much broader analytical focus, and yet is sensitive to difference. As such, it merits attention from feminists. In (...) this article, I will begin to investigate the possibilities offered by this theory, by examining the positions it can generate on issues of domestic work and decision-making power. It will be my contention that Walzer's own position on these issues is a little abbreviated, but that a distinctive and worthwhile account can be developed merely by applying arguments he has advanced elsewhere. (shrink)

The relationship between Title IX and the Equal Protection Clause is relevant to many areas of sex discrimination law. However, most courts that have addressed cases raising both provisions as well as scholars analyzing them have not developed or understood the relationship between the two. This Article does just that and develops the theory that Title IX has broader protections from sex discrimination than the Equal Protection Clause. To reach the conclusion that Title IX offers more protection, this Article proceeds (...) in the following way. In Part II, the Article surveys court decisions and commentary that have explicitly touched on the relationship between Title IX and the Equal Protection Clause. In Part III, the Article then develops its own analysis of the relationship between Title IX and the Equal Protection Clause, using the text and history of Title IX, the jurisprudential differences between Title IX and the Equal Protection Clause, and the theoretical differences between Title IX and constitutional sex discrimination law. Finally, in Part IV, the Article looks at some of the legal issues affected by an analysis of Title IX's relationship to the Equal Protection Clause and posits solutions based on the doctrinal and theoretical conclusions reached in Part III. (shrink)

In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating (...) themselves into existing institutions or to confront the so-called question of women's difference. The proceduralist model renders this dilemma irrelevant. Instead, it proceeds from the fact of sexual difference; a fact that produces competing and conflicting needs and interests that require interpretation by both men and women. This, I argue, marks a change in the very way we conceptualise the so-called problem of women's difference, insofar as the question is no longer framed in these terms. Second, I argue that this deliberative process over the interpretation of conflicting interests affects a fundamental shift in the nature of legal institutions themselves, insofar as law is no longer a vehicle for promoting male interests. (shrink)

Knowing the theory of gender that a court is using to understand and assess the issues in a case is vital to ensuring that women are afforded their full rights under the law. Unfortunately, courts often do not explicitly state what understanding of gender is informing their decisions. An exception is found in employment law: specifically, the bona fide occupational qualification (BFOQ) exception to Title VII of the Civil Rights Act, which allows employers to engage in sex-based discrimination in those (...) instances in which the sex of the employee is a reasonably necessary qualification for the job. In these cases, because the court must analyze how “manness” or “womanness” impacts one's qualification to hold certain kinds of employment, the court must articulate its understanding of gender. This paper examines two BFOQ cases in the cross-gender prison guard context, those cases in which an individual of one sex seeks to guard inmates of the opposite sex. In these cases the courts created a theory of gender that posits men and women as different in kind. The theory developed in this line of cases is an attack on Title VII protections and a potential barrier to women's equality under the law. (shrink)

The paper examines the relationship between the sexual and linguistic and their mutual influence within the fields of political philosophy, linguistics, and theory of text, in selection from Adriana Cavarero’s work. First, we begin from the knowledge of poststructuralist text theory, psychoanalytic feminism and psycholinguistics, which are later expanded with the results from political philosophy with special emphasis on ancient texts. Cavarero’s texts are being analysed to describe the features through which the relationship between gender, sex and text is established. (...) Through a critical exploration of Cavarero’s texts and previous theoretical discussions and the analysis results, a conclusion about the influence of the sexual on language and culture and the influence of language and cultural symbols on social and gender roles is reached. (shrink)

abstract The moral value of distributive equality constitutes one of the most contentious debates in political philosophy. Following Frankfurt, many philosophers have claimed that the intuitive appeal of equality is illusory and that egalitarian intuitions are fundamentally intuitions about the importance of satisfying basic needs. According to this argument, our intuitions tell us that inequality ceases to matter once a certain threshold has been reached. Despite the widespread appeal to intuitions regarding this issue, few empirical studies have tried (...) to assess whether Frankfurt and his followers are right in claiming the lack of intuitiveness of equality per se. In a series of three experiments, we show that experimental evidence does not allow us to settle the intuitiveness of each theory: laypeople are divided in the consideration of the respective importance of needs and equality. While our results do show that laypeople attach special importance to needs‐fulfilment, it also seems that they are divided when it comes to the importance they grant to equality once needs are fulfilled. No theory is unanimously backed by participants, and it seems that, fundamentally, divisions among philosophers reflect deep divisions among people. (shrink)

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these (...) problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against. (shrink)

While many current analyses of democracy focus on creating a more civil, respectful debate among competing political viewpoints, this study argues that the existence of structural social inequality requires us to go beyond the realm of political debate. Challenging prominent contemporary theories of democracy, the author draws on John Dewey to bring the work of combating social inequality into the forefront of democratic thought. Dewey's 'pragmatic' principles are deployed to present democracy as a developing concept constantly confronting unique conditions (...) obstructing its growth. Under structurally unequal social conditions, democracy is thereby seen as demanding the overcoming of this inequality; this inequality corrupts even well-organized forums of political debate, and prevents individuals from governing their everyday lives. Dewey's approach shows that the process of fighting social inequality is uniquely democratic, and he avoids current democratic theory's tendency to abstract from this inequality. (shrink)

Adequality, or παρισóτης (parisotēs) in the original Greek of Diophantus 1 , is a crucial step in Fermat’s method of finding maxima, minima, tangents, and solving other problems that a modern mathematician would solve using infinitesimal calculus. The method is presented in a series of short articles in Fermat’s collected works (1891, pp. 133–172). The first article, Methodus ad Disquirendam Maximam et Minimam 2 , opens with a summary of an algorithm for finding the maximum or minimum value of an (...) algebraic expression in a variable A. For convenience, we will write such an expression in modern functional notation as f (a). 3 The algorithm can be broken up into six steps in the following way:Introduce an auxiliary .. (shrink)

This comment encourages normative democratic theorists to attend to the agenda for democratic theory that Steffen Ganghof sets in Beyond Parliamentarism and Presidentialism. I discuss Ganghof’s distinction between ‘procedural’ and ‘process’ equality. I conclude with a meta-theoretical question about how theorists should think about advocacy for large-scale constitutional systems.

Friedrich A. Hayek argues that “equality of the general rules of law and conduct” is the only kind of equality compatible with liberty and, moreover, that attempting to pursue equality along any other dimension is likely to destroy liberty. For Hayek, then, as a social philosopher and political economist who was principally concerned with understanding and promoting liberal order, the question “What kind of equality?” has a straightforward answer. Equality before the law, perhaps equality (...) of opportunity in a procedural sense, is the equality that we should pursue, not material equality and certainly not equality of outcomes. One wonders, though, whether Hayek dismisses too quickly the more substantive forms of equality and, more importantly, whether we can achieve the liberal society that Hayek envisions without concerning ourselves with more than just the presence or absence of equality of the general rules of law and conduct. This essay will explore, criticize, and expand upon the way that Hayek makes use of equality in his conception of a free society. Specifically, we argue that Hayek may need a more substantive conception of equality than he is willing to deploy in order to arrive at the liberal society he hopes to bring about. (shrink)

Jürgen Habermas takes the realization of rights through the democratic self-organization of legal communities to be the normative core of emancipatory politics. In this article I explore the implications of this claim in relation to the requirements of justice. I argue that Habermas's discourse theory of democratic legitimacy resupposes a substantive principle of justice that demands the equalization of effective communicative freedom for all structurally constituted social groups in any constitutional state. This involves the elimination of a range of structural (...) injustices rooted in the complex interrelationships between political, economic and cultural orders. In the final section I sketch briefly the implications of this analysis in the context of ongoing globalization processes. It is suggested that the most effective way to establish a just system of global governance is to equalize effective communicative freedom among nation-states. (shrink)

Marjorie Lewis draws on her own experience of breaking through the glass ceiling to become the first woman President of the United Theological College of the West Indies. Through this, she considers the theological and biblical perspectives on gender equality, internalized and unrecognized inequality, naming and exorcising abuse in institutional relationships and strategies to survive and thrive. At the heart is a rejection of the notion that all suffering is to be embraced unchallenged as part of the Christian experience (...) and that it is the particular calling of women. This can lead to overwork, burn out and a lack of self care. (shrink)

“Neurodiversity” is associated with the struggle for the civil rights of all those diagnosed with neurological or neurodevelopmental disorders. Two basic approaches in the struggle for what might be described as “neuro-equality” are taken up in the literature: There is a challenge to current nosology that pathologizes all of the phenotypes associated with neurological or neurodevelopmental disorders ); there is a challenge to those extant social institutions that either expressly or inadvertently model a social hierarchy where the interests or (...) needs of individuals are ranked relative to what is regarded as properly functioning cognitive capacities. In this paper, we explore some of the reasons justifying which make it an important tool for achieving greater neuro-equality, while still recognizing its limitations for achieving this goal. Particularly, we explore how an appeal to functionality and neurological diversity can support a re-seeing of at least certain forms of ASD. (shrink)

Philosophy, as we know, is an abstract expression of worries, sentiments and longings that move people and societies. Philosophical debates are often innovative, but sometimes we have reason to ask ourselves why they develop at all and what general social trends they follow. An example of such a philosophical discussion-one that seems bewildering to many-is the current dispute between egalitarians and anti-egalitarians which has also reached German-speaking countries and which divides philosophers into opposing camps. Given feminist arguments against egalitarianism that (...) seem initially to have the potential to erode the social responsibilities of societies, the debate must seem especially strange to those feminist philosophers who have considered the European welfare state as a reasonable normative standard. The political shifts of the last decade, especially the change in former communist countries and the globalization of markets, provide the general social background for these challenges to egalitarian thinking. Yet a look at these causal factors does not answer compelling questions such as, Are the normative demands of a strict egalitarianism really binding? Are these demands morally compelling? Are the arguments with which we justify people's acess to certain social and economic goods in fact egalitarian? Do we have to base an acceptable conception of society and its fundamental institutions on the ideal of equality at all? In this talk I shall not address in detail the debate between egalitarians and anti-egalitarians. Instead I shall argue for an autonomy-based political theory that defines a specific structure among basic political values like universal respect, freedom, and equality. My claim is that such a theory integrates the value of equality in a form that allows us to leave behind the dispute between egalitarianism and anti-egalitarianism. Finally I shall try to show that an autonomy-oriented political theory is attractive from a feminist point of view. (shrink)

This article endeavours to open up a dialogue between succession law and the field of gender, sexuality and the law. It presents a detailed analysis of five cases concerning inheritance disputes relating to lesbians or gay men. The sexuality of the parties in the cases is ‘doctrinally irrelevant’ but the analysis demonstrates the significance of sexuality in the resolution of the legal disputes. In doing so it identifies how legal discourse remains a critical site for the production of societal norms (...) and in particular how lesbian and gay perspectives reveal the gendered assumptions underlying a number of key succession law doctrines. It emphasises the importance of taking difference seriously and the limits to formal legal equality. (shrink)

This essay explores the correlation between shu 恕 and ren 仁 in Confucius’ teachings and its broader implications concerning the role of the golden rule. It first shows that whereas the golden rule is premised on equality between agent and recipient, Confucius’ correlation of shu with ren aims mainly at establishing a more solid foundation for the hierarchy-specific duty of the ruler to care for the ruled. It thus reveals that this conflict arises from the golden rule’s incompatibility with (...) asymmetrical relationships, a long-standing issue concerning its validity as a moral axiom. It then addresses this conflict by demonstrating that the golden rule can effectively function in conformity with humanity even in asymmetrical relationships by way of inducing an agent’s viewpoint to shift from existing sociopolitical asymmetry to one-to-one human equality. On this basis, lastly, it examines the concurrence of the ideas of shu, human nature, and ren in ancient China. (shrink)

For most of the history of prejudice research, negativity has been treated as its emotional and cognitive signature, a conception that continues to dominate work on the topic. By this definition, prejudice occurs when we dislike or derogate members of other groups. Recent research, however, has highlighted the need for a more nuanced and “inclusive” (Eagly 2004) perspective on the role of intergroup emotions and beliefs in sustaining discrimination. On the one hand, several independent lines of research have shown that (...) unequal intergroup relations are often marked by attitudinal complexity, with positive responses such as affection and admiration mingling with negative responses such as contempt and resentment. Simple antipathy is the exception rather than the rule. On the other hand, there is mounting evidence that nurturing bonds of affection between the advantaged and the disadvantaged sometimes entrenches rather than disrupts wider patterns of discrimination. Notably, prejudice reduction interventions may have ironic effects on the political attitudes of the historically disadvantaged, decreasing their perceptions of injustice and willingness to engage in collective action to transform social inequalities.These developments raise a number of important questions. Has the time come to challenge the assumption that negative evaluations are inevitably the cognitive and affective hallmarks of discrimination? Is the orthodox concept of prejudice in danger of side-tracking, if not obstructing, progress towards social justice in a fuller sense? What are the prospects for reconciling a prejudice reduction model of change, designed to get people to like one another more, with a collective action model of change, designed to ignite struggles to achieve intergroup equality? (shrink)

ABSTRACT As the most famous critic of John Stuart Mill, James Fitzjames Stephen has often been assumed to have been a religious conservative or even reactionary. In contrast to these assessments, this article shows that Stephen's most consistent enemies were what he took to be the two most significant religious forces of the modern world: Ultramontane Catholicism and Comtean Positivism. The article explores his objections to these two religious ideologies, which he saw as sharing certain harmful features. It then shows (...) that his famous critiques of John Stuart Mill and liberalism had much in common with his attacks on Ultramontanism and Positivism; for example, he charged that they rested on an implausible philosophical anthropology and that they degraded the state. (shrink)

In public reason liberalism, equal respect requires that conceptions of justice be publicly justifiable to relevant people in a manner that allocates to each an equal say. But all liberal public justification also excludes: e.g., it accords no say, or a lesser say, to people it deems unreasonable. Can liberal public justification be aligned with the equal respect that allegedly grounds it, if the latter calls for discursive equality? The chapter explores this challenge with a focus on Rawls-type political (...) liberalism. I suggest that political liberalism’s commitment to equal respect can cohere with the standing of the unreasonable in public justification if that standing is not impermissibly unequal in discursive purchase. I then consider one candidate view of the permissibility of purchase inequality. On this broadly sufficientarian view, purchase inequality is permissible provided relevant people have standing of enough purchase to be able to avoid relevant bads. A plausible variant of this view suggests that political liberalism’s commitment to equal respect does not cohere with the discursive standing of the unreasonable. It emerges that where liberal public justification accords actual people discursive respect but relevantly idealizes at least around its fringes, the permissibility of purchase inequality must be a central concern. (shrink)

What does it mean to treat people as equals when the legacies of feudalism, religious persecution, authoritarian and oligarchic government have shaped the landscape within which we must construct something better? This question has come to dominate much constitutional practice as well as philosophical inquiry in the past 50 years. The combination of Second Wave Feminism with the continuing struggle for racial equality in the 1970s brought into sharp relief the variety of ways in which people can be treated (...) unequally, while respecting the formalities of constitutional government. Most obviously, the content of laws can mistreat them by wrongfully assuming that they are either threats to others, or that, like children, they need to be protected from harm through paternalistic limitations on their freedom of action. Or, as those concerned with class inequality have long noted, formal equality can create legal requirements, permissions, and prohibitions whose burdens fall predictably, and often solely, on groups who are already marginalised, and most in need of state protection. (Kairys, David 1990) Above all, what these two great political movements made plain, is that a concern for group inequality and, specifically, group injustice must figure in the formulation and adjudication of individual rights, if legal protections for equality are adequately to combat the causes of inequality. Getting to grips with that challenge, it became obvious, required going beyond the familiar analyses of inequality inherited from Liberalism and Marxism, given the many different ways in which people can be equal or unequal.(Hackett and Haslanger 2006, 3 - 15) In the first part of this chapter, I will seek to illustrate these claims, by focusing on efforts to reframe the theory and practice of constitutional equality given demands for sexual and racial equality. I will then show that analytic philosophy has also come to recognise the various non-reducible dimensions of equality in ways that reinforce the claims of critical legal theory, even as philosophers highlight their disconcerting consequences. If equality has multiple irreducible dimensions, conflicts between the legitimate demands of equality are unavoidable features of law and politics, even in the best possible world, and are likely to be particularly painful when set against a background of historical injustice. The chapter concludes with the challenges to democratic constitutionalism, and the scope for constructive responses to those challenges, which the rapprochement between critical and analytic thinking on equality suggests. (shrink)

The aim of this paper is to challenge the prevailing polemic between ‘necessary’ emanation and ‘free’ creation. I begin by arguing for the presence of freedom and volition in the emanationism of Plotinus. I then move on to explore the role of necessity in the creationism of Maximus. In both cases, I rely upon a twofold schematisation of freedom and necessity to dissolve the dichotomy between them effectively. Having levelled the playing field, so to speak, I conclude that, all things (...) being equal, one does find in Maximus (and Christian thinkers generally) a heightened sense of divine volition and relationality beyond that of the pagan Neoplatonists. This greater emphasis upon the freedom of the divine will, however, has little bearing on whether Maximus's doctrine of creation is ‘emanationist’ or ‘creationist’. Instead, it stems from a biblically inspired sense of the One God as intimately involved in His creation which, though derived from God, is crucially other than God. (shrink)

Most commentators have agreed with our thesis, that musical emotions cannot be studied without regard to underlying mechanisms. However, some commentators have expressed concerns that are addressed in this response. Others have suggested directions for future research. Topics discussed in our response include terminology, elaborations on particular mechanisms, possible additional mechanisms, ways of distinguishing among emotions and mechanisms, the prevalence of musical emotions, the relationship between perceived and felt emotions, developmental issues, and evolutionary perspectives. We end our response with a (...) plea for researchers to reach beyond the traditional disputes in the field to pave the way for more theory-driven studies that can facilitate a deeper understanding of musical emotions. (shrink)

The concept of equality is subject to many different interpretations, and it is closely connected to similar concepts such as equity, justice, fairness, and human rights. As an ideal, equality entails many aspects that are untenable. For instance, genetic and social inequalities may never be extinct, but they can both be ameliorated by proper distribution of society's resources. Likewise, within the context of health care, equality can be promoted by proper rationing of health resources, amongst which nursing (...) care stands out. In the field of nursing, the principle of equality presents itself in various forms of ethical and deontological mandates. However, beyond good intentions and abstract notions, there is a need to examine the ways in which nurses enforce this principle in practice, within the reality of modern health systems. Although there is scarcity of qualitative evidence in the nursing care rationing literature, existing studies suggest that fair treatment pertains to a largely intuitive sense of equality which involves subjective perceptions and judgements about rationing. Nurses’ initial predisposition is to view all patients as equal and treat them in an equal manner; yet, on an individual basis, each patient has a different starting point, different needs and different prospects that render rationing decisions complex and uncertain. Equality should be accepted with its unavoidable limitations in practice and be further examined within the context of nursing care rationing, in the hope that it can be advanced in a consistent way, despite the idealistic nature in many of its aspects. (shrink)

This paper deals with the theoretical concepts of image and imagery as used by the foremost imaginal psychologists. Attributing primary epistemological status to image and imagery, imaginal psychology school developed a new theory of image and imagery, questioning the older thesis on the derivative and secondary epistemological status of the image. Using Jung’s concept of the autonomous psyche of an essentially archetypal nature, Hillman started to question Jung’s concept of the Self as a central archetype symbolizing a sort of disguised (...) traditional monotheism (the Christian God, the Jewish Yahweh etc.) like Freud’s sexuality (id) or central cultural myth (the Oedipus myth). Imaginal psychology defends essential sovereignty and the equality of all images and the resultant polytheist psychology. Jungian studies set out it this direction, giving birth to parallel developments to imaginal psychology in various fields. Derrida’s and Feyerabend’s rejection of an ultimate referential frame was not identical to but corresponds to Hillman’s and Vannoy Adam’s discovery that it is fantasy that rules the psyche. (shrink)

We also critique the myopic focus on prejudice reduction, but we do not support the call for a reconceptualization of prejudice. Redefining key psychological constructs is unproductive. Also, we point to interpersonal dynamics in cross-group interaction as a key mechanism in the prejudice reduction/collective action paradox and point to solutions involving intrapersonal/interpersonal processes, as well as broader structural intergroup relations.

The theory of equal opportunity as I have expounded it in Roemer uses a language comprising five words: objective, circumstance, type, effort, and policy. The objective is the kind of outcome or well-being or advantage for whose acquisition one wishes to equalize opportunities, in a given population. Circumstances are the set of environmental influences, beyond the individual’s control, that affect his or her chances of acquiring the objective. A type is the group of individuals in the population with a (...) given set of circumstances. Effort is autonomously chosen action—within the individual’s control—which, if expended in greater amounts, will increase the degree to which the individual acquires the objective. A policy is a social intervention that is used to influence the degree to which individuals acquire the objective. The equal-opportunity policy is the one from the set of feasible policies that will make it the case that the degree to which individuals acquire the objective is independent of their circumstances, and sensitive only to their effort. I propose a way of computing the equal-opportunity policy in any given situation, given the appropriate data, and a decision as to what environmental aspects should be taken to constitute circumstances. This quick summary leaves out many details, which will be focused upon in what follows. (shrink)

Three common assumptions of both liberal theory and political debate are the autonomy of the family, the principle of merit, and equality of life chances. Fishkin argues that even under the best conditions, commitment to any two of these principles precludes the third._“A brief survey and brilliant critique of contemporary liberal political theory…. A must for all political theory or public policy collections.” –_Choice_ “The strong points of Fishkin’s book are many. He raises provocative issues, locates them within a (...) broader theoretical framework, and demonstrates an urgent need for liberals to set certain priorities. His main message—that liberalism has radical implications for ordinary life—needs to be heard by many.” --Virginia L. Warren, _Michigan Law Review_ “A highly original and powerfully argued book…. Fishkin is undoubtedly right, and his warning needs to be taken seriously…. This is not a book that catechizes us about what we should believe concerning the practicalities of distributive justice. It is a book that advises us about how we need to think about beliefs that are already popular dogmas, in the interest of making sense.” –James Gaffney, _America_ James S. Fishkin_ is associate professor of political science at Yale University. He is also the author of _The Limits of Obligation_ and _Beyond Subjective Morality_. (shrink)

The major moral issues of our time have been made vital and immediate by the convergence of numerous factors. Among these are a technology that has produced the threat of nuclear holocaust, that can maintain life beyond the death of the brain, that can destroy the natural world, and that produces deadly, indestructible waste. There is a new sensitivity to the injustices suffered by minorities. Impoverishment and starvation are now the fate of millions. Political tyranny is a continuing threat. (...) Finally, the rise of a new religiousness has had an impact on morals and public affairs. In these provocative essays chosen from The Tanner Lectures on Human Values and first published in 1987, four internationally distinguished scholars explore the moral implications of these issues in today's world. (shrink)

The increasing implementation of and reliance on machine-learning (ML) algorithms to perform tasks, deliver services and make decisions in health and healthcare have made the need for fairness in ML, and more specifically in healthcare ML algorithms (HMLA), a very important and urgent task. However, while the debate on fairness in the ethics of artificial intelligence (AI) and in HMLA has grown significantly over the last decade, the very concept of fairness as an ethical value has not yet been sufficiently (...) explored. Our paper aims to fill this gap and address the AI ethics principle of fairness from a conceptual standpoint, drawing insights from accounts of fairness elaborated in moral philosophy and using them to conceptualise fairness as an ethical value and to redefine fairness in HMLA accordingly. To achieve our goal, following a first section aimed at clarifying the background, methodology and structure of the paper, in the second section, we provide an overview of the discussion of the AI ethics principle of fairness in HMLA and show that the concept of fairness underlying this debate is framed in purely distributive terms and overlaps with non-discrimination, which is defined in turn as the absence of biases. After showing that this framing is inadequate, in the third section, we pursue an ethical inquiry into the concept of fairness and argue that fairness ought to be conceived of as an ethical value. Following a clarification of the relationship between fairness and non-discrimination, we show that the two do not overlap and that fairness requires much more than just non-discrimination. Moreover, we highlight that fairness not only has a distributive but also a socio-relational dimension. Finally, we pinpoint the constitutive components of fairness. In doing so, we base our arguments on a renewed reflection on the concept of respect, which goes beyond the idea of equal respect to include respect for individual persons. In the fourth section, we analyse the implications of our conceptual redefinition of fairness as an ethical value in the discussion of fairness in HMLA. Here, we claim that fairness requires more than non-discrimination and the absence of biases as well as more than just distribution; it needs to ensure that HMLA respects persons both as persons and as particular individuals. Finally, in the fifth section, we sketch some broader implications and show how our inquiry can contribute to making HMLA and, more generally, AI promote the social good and a fairer society. (shrink)