When the assertion that some agent is exploiting a person connotes that the exploitation is morally wrong, what is this wrong? Some maintain that exploitation need not involve unfair division of advantages, but instead is essentially domination for self-enrichment. This essay denies this claim and upholds the idea that exploitation claims concern unfair distribution. Some maintain that the hypothetical fully competitive market exchange price can serve, at least in some contexts, as the standard for assessing whether voluntary interaction (...) is exploitative. This essay denies that the idea of the fully competitive market price can serve in this role. Nor should we accept a pure luck egalitarian claim that would identify fair distribution with the outcome of ideally competitive markets proceeding from fair initial distribution. (shrink)

Doping in sport counts as a typical example of unfair behaviour and a good illustration of ethical problems produced by enhancement activities. However, there are some authors who argue that enhancement in sport is not intrinsically problematic but only so in those circumstances that make it dangerous for athletes or unfair to competitors, or which give rise to suspicion in the viewing public. In contrast to this, the author of the present article shows that enhancement activities are contradictory (...) to basic requirements and preconditions of sports competitions. These preconditions are, firstly, a basic equality of opportunities for all competitors and, secondly, a clear causal connection between a specific performance and an individual athlete, in the sense of authorship of that performance. It cannot be excluded that there could exist future sports competitions without these qualities, but this would clearly be a fundamentally different kind of sport from nowadays. Therefore, the normative background of the current concept of sports competitions, as such, limits the use of enhancement practices to a rather low level. (shrink)

All research is immersed in the competition for knowledge, but this is not always governed by fairness. In this opinion article, I elaborate on indicators of unfairness to be found in both evaluation guides and evaluation panels, and I spontaneously offer a number of rules of thumb meant to keep it at bay. Although they are explicitly offered to the Portuguese Foundation for Science and Technology (FCT) and in particular to the evaluation panel for Philosophy, Ethics and Religion of FCT's (...) fifth edition of their Individual Call to Scientific Employment Stimulus, here used as concrete illustrations of unfairness, my rules of thumb are guaranteed to promote fairness in the competition for knowledge in general. (shrink)

This paper argues that the question of the compatibility between competition and solidarity needs to be clarified by distinguishing a variety of possible normative frameworks. Using a core metaphor of a race between runners hired by stadiums, I develop and discuss three ethical frameworks: the emergentist perspective, which considers that competition is in itself the locus of solidarity; the social-democratic perspective, which views solidarity as the main counterweight to the abrasive effects of competition – without, however, calling into question the (...) system that generates this competition; and the oppositional perspective, which considers solidarity as an implication of the desire to assist the victims of asymmetrical social power, unfairly distributed through competition, and therefore sees ‘genuine’ solidarity as a means to subvert competitive logic itself. In each case, I deconstruct the fundamental ‘axioms’ that underlie the approach, and I gradually demonstrate why there are compelling ethical arguments for a radical subversion of the logic of competition within a framework of ‘genuine’ solidarity. Thus, while the social-democratic perspective trumps the emergentist perspective, it is in turn trumped by the oppositional perspective. The basic idea is that competition which is statically fair, tends to become dynamically unfair, revealing a deep-lying source of structural alienation. This requires a renewed view of the nature of agents’ rationality, however, and an abandonment of some cherished beliefs and prejudices concerning the alleged fairness of competition in market economies. (shrink)

When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws (...) that play a direct role in defining rights to use physical or financial resources free from substantial interference. Businesspeople must obey these laws even at the cost of allowing their businesses to fail and even when the acts proscribed are mala prohibita. This argument for obeying the law in competitive contexts has limited scope. Considerations of fairness or self-preservation may justify violating laws of other types under competitive pressure. (shrink)

This paper addresses the gender pay gap among Italian university graduates on entry to the labor market, and stresses the potential for gender stereotypes to impact subjective assessment of individual productivity. We build upon previous research about gender and wage inequality, introducing tournament theory as a framework for the gender pay gap analysis. We hypothesize that the effects of gender make occupational tournaments less fair in some arenas compared with others. As a consequence, men workers have higher probabilities of winning (...) the wage competition, but this process is uneven. Our data show that in contexts where stereotypes are most likely to occur, tournaments appear to be less fair and the unexplained component of the gender pay gap is higher. (shrink)

In this paper, we challenge the usual argument which says that competition is a fair mechanism because it ranks individuals according to their relative preferences between effort and leisure. This argument, we claim, is very insufficient as a justification of fairness in competition, and we show that it does not stand up to scrutiny once various dynamic aspects of competition are taken into account. Once the sequential unfolding of competition is taken into account, competition turns out to be unfair (...) even if the usual fairness argument is upheld. We distinguish between two notions of fairness, which we call U-fairness, where 'U' stands for the 'usual' fairness notion, and S-fairness, where 'S' stands for the 'sequential' aspect of competition. The sequential unfairness of competition, we argue, comprises two usually neglected aspects connected with losses of freedom: first of all, there is an 'eclipse' of preferences in the sense that even perfectly calculating competitors do not carry out a trade-off between effort and ranking; and second, competitive dynamics leads to single-mindedness because the constraints on the competitors' choices always operate in the sense of increased competitiveness and, therefore, in the direction of an increased effort requirements. We argue (1) that competition is S-unfair even if it is U-fair, (2) that as S-unfairness increases, the ethical relevance of U-fairness itself vanishes, so that (3) by focusing as they usually do on U-fairness alone, economists neglect a deeper aspect of unfairness. (shrink)

In this paper, we challenge the usual argument which says that competition is a fair mechanism because it ranks individuals according to their relative preferences between effort and leisure. This argument, we claim, is very insufficient as a justification of fairness in competition, and we show that it does not stand up to scrutiny once various dynamic aspects of competition are taken into account. Once the sequential unfolding of competition is taken into account, competition turns out to be unfair (...) even if the usual fairness argument is upheld. We distinguish between two notions of fairness, which we call U-fairness, where ‘U’ stands for the ‘usual’ fairness notion, and S-fairness, where ‘S’ stands for the ‘sequential’ aspect of competition. The sequential unfairness of competition, we argue, comprises two usually neglected aspects connected with losses of freedom: first of all, there is an ‘eclipse’ of preferences in the sense that even perfectly calculating competitors do not carry out a trade-off between effort and ranking; and second, competitive dynamics leads to single-mindedness because the constraints on the competitors’ choices always operate in the sense of increased competitiveness and, therefore, in the direction of an increased effort requirements. We argue (1) that competition is S-unfair even if it is U-fair, (2) that as S-unfairness increases, the ethical relevance of U-fairness itself vanishes, so that (3) by focusing as they usually do on U-fairness alone, economists neglect a deeper aspect of unfairness. (shrink)

Online retailers are using advances in data collection and computing technologies to “personalize” prices, i.e., offer goods for sale to shoppers at their reservation prices, or the highest price they are willing to pay. In this paper, I offer a criticism of this practice. I begin by putting online personalized pricing in context. It is not something entirely new, but rather a kind of price discrimination, a familiar pricing practice. I then offer a fairness-based argument against it. When an online (...) retailer personalizes prices, it competes unfairly for the social surplus created by a transaction. I defend this argument against objections, and offer a simple remedy: online retailers should either disclose that they are personalizing prices, or stop doing so. (shrink)

The target article by Baumard et al. uses their previous model of bargaining with outside options to explain fairness and other features of human sociality. This theory implies that fairness judgments are determined by supply and demand but humans often perceive prices (divisions of surplus) in competitive markets to be unfair.

Some sharing economy firms have adopted a strategy of “regulatory entrepreneurship,” openly violating regulations with the aim of rendering them dead letters. This article argues that in a democracy, regulatory entrepreneurship is a presumptively unethical business strategy. In all but the most corrupt political environments, businesses that seek to change their regulatory environment should do so through the democratic political process, and they should do so without using illegal business practices to build a political constituency. To show this, the article (...) defends a qualified moral obligation for businesspeople to obey the law even in societies that fall short of ideal democracy and that are rife with economic injustice. Owners and managers of successful businesses have strong moral reasons to obey laws concerning resource allocation. Such laws include not only property law, but also tax laws, environmental regulations, and other laws that regulate businesses in competitive markets. The moral reasons to obey such laws apply even to laws that business leaders think unfair or inefficient, provided that the laws in question have reasonable, good faith defenders. (shrink)

This paper aims to analyse the relationship that exists between state capture, party patronage, and the conduct of electoral processes in the settings of post-communist countries, of which Albania is one. A characteristic of the political developments of the transition period in many post-communist countries has been the phenomenon of state capture, which has occurred mainly through the endemic party patronage and politicization of state institutions. The phenomenon of state capture by the ruling political parties has had a negative conditional (...) impact on the conduct of competitive, free and fair elections in these countries, leading to distrust regarding the credibility and integrity of the process. This study argues that phenomena such as state capture and extensive party patronage as informal practices/mechanisms in the hands of the ruling political parties affect the creation of a skewed playing field and the production of hyper-incumbency advantages in holding electoral contests between political parties, making the possibility of political power rotations difficult. Albania, in the case of its last parliamentary elections, held on 25th April 2021, constitutes the case study (Section IV) to which the theoretical framework of the paper is applied, by identifying the informal practices and methods through state capture that the ruling political party used to provide structural, institutional, and financial advantages in its favour regarding elections. (shrink)

This article states that drugs could be used to produce, if not more intelligent individuals, at least individuals with better cognitive functioning. Cognitive functioning is something that we might strive to produce through education, including of course the more general health education of the community. Enhancements are good if and only if they make people better at doing some of the things they want to do including experiencing the world through all of the senses, assimilating and processing what is experienced, (...) remembering and understanding things better, becoming more competent, and experiencing more. Beneficial neural changes have been reported for such familiar technologies as reading, education, physical exercise, and diet. Smart drugs create irresistible competitive pressures such that once they are used everyone is forced to follow in order to keep up, and this is coercive and corrosive. (shrink)

I argue that sports clubs should be punished for bad behaviour by their fans in a way that affects the club’s sporting success: for example, we are justified in imposing points deductions and competition disqualifications on the basis of racist chanting. This is despite a worry that punishing clubs in such a way is unfair because it targets the sports team rather than the fans who misbehaved. I argue that this belies a misunderstanding of the nature of sports clubs (...) and of the nature of sporting success. Further, I argue that fans should want to be held responsible in such a way because it vindicates the significant role that they play in the life of their club. (shrink)

Despite the promise to boost human potential and wellbeing, enhancement drugs face recurring ethical scrutiny. The present studies examined attitudes toward cognitive enhancement in order to learn more about these ethical concerns, who has them, and the circumstances in which they arise. Fairness-based concerns underlay opposition to competitive use—even though enhancement drugs were described as legal, accessible and affordable. Moral values also influenced how subsequent rewards were causally explained: Opposition to competitive use reduced the causal contribution of the enhanced winner’s (...) skill, particularly among fairness-minded individuals. In a follow-up study, we asked: Would the normalization of enhancement practices alleviate concerns about their unfairness? Indeed, proliferation of competitive cognitive enhancement eradicated fairness-based concerns, and boosted the perceived causal role of the winner’s skill. In contrast, purity-based concerns emerged in both recreational and competitive contexts, and were not assuaged by normalization. (shrink)

The fair innings argument (FIA) is frequently put forward as a justification for denying elderly patients treatment when they are in competition with younger patients and resources are scarce. In this paper I will examine some arguments that are used to support the FIA. My conclusion will be that they do not stand up to scrutiny and therefore, the FIA should not be used to justify the denial of treatment to elderly patients, or to support rationing of health care by (...) age.There are six issues arising out of the FIA which are to be addressed. First, the implication that there is such a thing as a fair share of life. Second, whether it makes sense to talk of a fair share of resources in the context of health care and the FIA. Third, that 'fairness' is usually only mentioned with regard to the length of a person's life, and not to any other aspect of it. Fourth, if it is sensible to discuss the merits of the FIA without taking account of the 'all other things being equal' argument. Fifth, the difference between what is unfair and what is unfortunate. Finally, that it is tragic if a young person dies, but only unfortunate if an elderly person does. (shrink)

The wake of the financial crisis has inspired hopes for dramatic change and stirred visions of capitalism’s terminal collapse. Yet capitalism is not on its deathbed, utopia is not in our future, and revolution is not in the cards. In Capitalism on Edge, Albena Azmanova demonstrates that radical progressive change is still attainable, but it must come from an unexpected direction. Azmanova’s new critique of capitalism focuses on the competitive pursuit of profit rather than on forms of ownership and patterns (...) of wealth distribution. She contends that neoliberal capitalism has mutated into a new form—precarity capitalism—marked by the emergence of a precarious multitude. Widespread economic insecurity ails the 99 percent across differences in income, education, and professional occupation; it is the underlying cause of such diverse hardships as work-related stress and chronic unemployment. In response, Azmanova calls for forging a broad alliance of strange bedfellows whose discontent would challenge not only capitalism’s unfair outcomes but also the drive for profit at its core. To achieve this synthesis, progressive forces need to go beyond the old ideological certitudes of, on the left, fighting inequality and, on the right, increasing competition. Azmanova details reforms that would enable a dramatic transformation of the current system without a revolutionary break. An iconoclastic critique of left orthodoxy, Capitalism on Edge confronts the intellectual and political impasses of our time to discern a new path of emancipation. (shrink)

Reports in the popular press suggest that smart drugs or “nootropics” such as methylphenidate, modafinil and piracetam are increasingly being used by the healthy to augment cognitive ability. Although current nootropics offer only modest improvements in cognitive performance, it appears likely that more effective compounds will be developed in the future and that their off-label use will increase. One sphere in which the use of these drugs may be commonplace is by healthy students within academia. This article reviews the ethical (...) and pragmatic implications of nootropic use in academia by drawing parallels with issues relevant to the drugs in sport debate. It is often argued that performance-enhancing drugs should be prohibited because they create an uneven playing field. However, this appears dubious given that “unfair” advantages are already ubiquitous and generally tolerated by society. There are concerns that widespread use will indirectly coerce non-users also to employ nootropics in order to remain competitive. However, to restrict the autonomy of all people for fear that it may influence the actions of some is untenable. The use of potentially harmful drugs for the purposes of enhancement rather than treatment is often seen as unjustified, and libertarian approaches generally champion the rights of the individual in deciding if these risks are acceptable. Finally, whether the prohibition of nootropics can be effectively enforced is doubtful. As nootropics use becomes widespread among students in the future, discussion of this issue will become more pressing in the years to come. (shrink)

The question of whether transgender athletes should be permitted to compete in accordance with their gender identity is an evolving debate. Most competitive sports have male and female categories. One of the primary challenges with this categorization system, however, is that some transgender athletes (and especially transgender women) may be prevented from competing in accordance with their gender identity. The reason for this restriction is because of the idea that transgender women have an unfair advantage over their cisgender counterparts; (...) this is seen as a problem since sports are typically guided a principle called ‘the skill thesis’, which suggests that sports are supposed to determine who is most skillful by maintaining a fair starting point. In this paper, I argue that if the skill thesis ought to be maintained and there continues to exist no conclusive evidence in support of unfair advantages possessed by trans women, then we may want to re-consider the gender binary in sport. Rather than having male/female categories, it may make more sense to categorize athletes based other sport-specific factors (e.g., height, weight, etc.). This may help to maintain the skill thesis while at the same time removing potentially unfair and discriminatory barriers against transgender athletes. (shrink)

There is at least one immediate sense in which legal discourse is perspectival: it qualifies acts and facts in the world on the basis of rules. Legal concepts are for the most part constituted by rules, both in the sense that rules define these concepts’ semantic content and that, in order to engage with legal practice, we must act according to those rules, not necessarily complying with them but at least having them in mind. This is the distinctive perspective of (...) law: however, it would be misleading to think that this is the only perspective we can have in legal discourse. That of rule-constituted legal concepts is the fundamental perspective -- the inevitable presupposition of most legal assertions -- but other perspectives are possible on top of this fundamental background: perspectives on law, stemming from the basic perspective of law. -/- In this paper, I will try to argue that some different perspectives regarding law can be accounted for by analyzing different kinds of concepts that emerge in connection with legal institutions. My argument will consist of three steps as follows. First, I will explain how legal concepts are constituted by rules, referring in this regard to John Searle’s analysis of institutional concepts as it emerges in his Making the Social World, of 2010, and amending this analysis according to some criticisms that in 1986 Neil MacCormick had raised against Searle with specific reference to the legal domain. -/- Second, I will show that there are some kinds of concepts relevant for an institution which are not captured by Searle’s analysis in terms of constitutive rules, even if this is amended according to MacCormick’s criticisms. This I will do by considering the game of chess as a simple system of rule-constituted concepts (concepts such as 'checkmate,' 'bishop,' 'king'). I will consider four examples of perfectly legitimate assertions regarding a match of chess -- these being (1) ‘I won’; (2) 'you made a good attack'; (3) 'you are cheating'; (4) 'you made good use of the first-move advantage,' and I will show that, while the first three assertions can be analyzed in terms of concepts (those of 'victory,' 'attack,' and 'cheating') which are not constituted by the rules of chess but are rather common to several different competitive games, being typical of the broader practice of competitive game-playing of which chess is an instance, the fourth assertion includes a concept (that of 'first-move advantage') which is peculiar to chess, just like a rule-constituted element, but is not constituted by the rules of chess. This analysis will lead to a new categorization of institutional concepts. Apart from rule-constituted institutional concepts, which are the only ones recognized by Searle, in order to account for cases (1), (2), and (3) I will distinguish between three kinds of meta-institutional concepts, namely, goal-oriented, mode-oriented, and value-oriented meta-institutional concepts, and then I will introduce the category of para-institutional concepts to account for case (4). -/- Finally -- and this is the third step of my argument -- I will explain how these different kinds of institutional concepts appear when we adopt different perspectives on the institutional frameworks we deal with. This will lead us to a categorization of possible perspectives regarding law that corresponds to the previous one regarding concepts. There is first a structural perspective regarding the instantiation of institutional elements which clearly involves rule-constituted institutional concepts -- as when we say 'I am making a will.' There is then a teleological perspective regarding the goal of our institutional acts which calls into question goal-oriented meta-institutional concepts -- as when we say 'I wrote that will in order for you to have a distinctive right to my property.' Then, we can adopt a strategical perspective regarding some peculiar ways in which institutional acts can be performed, and this has often to do with mode-oriented meta-institutional concepts -- as when we say 'the Labour Party is making parliamentary obstructionism so that the Government will fall before the enactment of the labour reform,' or 'workers start today a work-to-rule action.' Clearly, we can also adopt an evaluative perspective over institutional facts or acts, and here typically value oriented meta-institutional concepts emerge -- as when we say 'that rule is clearly unjust' or 'that contract is unfair.' Finally, we can limit ourselves to a descriptive perspective on phenomena which are peculiar to a given institutional setting, and here para-institutional concepts are often useful -- as when we say 'the Italian electoral system before 1990 led to a sort of reform paralysis' or 'a strict use of the criterion requiring proof beyond any reasonable doubt can be expected to entail a low conviction rate.'. (shrink)

Sporting communities remain entangled in debate over whether and how to include transgender and intersex athletes in competition with cisgender athletes. Of particular concern is that transgender and intersex athletes may have unfair physiological advantages over their cisgender opponents. Arguments for inclusion of transgender and intersex athletes in sport attempt to demonstrate that such inclusion does not threaten the presumed physiological equivalence among competitors and is therefore fair to all. This article argues that the physiological equivalency rationale has significant (...) limitations, including an inordinate emphasis on sport as a comparative test. Instead, this article contends that arguments for narrativity rather than physiological equivalency show that exclusion is not only misguided but also undesirable: it is detrimental not only to the excluded athletes but to sport itself. The article yields several important consequences including calls for revisions to policies on transgender... (shrink)

The various problems associated with co-authorship of research articles have attracted much attention in recent years. We believe that this growing awareness is a very welcome development. However, we will argue that the particular and increasing importance of authorship and the harmful implications of current practices of research authorship for junior researchers have not been emphasised enough. We will use the case of our own research area to illustrate some of the pitfalls of current publishing practices—in particular, the impact on (...) the evaluation of one’s work in the area of employment or funding. Even where there are explicit guidelines, they are often disregarded. This disregard, which is often exemplified through the inflation of co-authorship in some research areas, may seem benign to some of us; but it is not. Attribution of co-authorship for reasons other than merit in relation to the publication misrepresents the work towards that publication, and generates unfair competition. We make a case for increasing awareness, for transparency and for more explicit guidelines and regulation of research co-authorship within and across research areas. We examine some of the most sensitive areas of concern and their implications for researchers, particularly junior ones, and we suggest several strategies for future action. (shrink)

How does match-fixing, or other unfair manipulation of matches, that involves under-performance by players, or refereeing and umpiring that prevents fair competition, be thought of in ethical terms? In this article, I outline the different forms that match-fixing can take and seek to comprehend these disparate scenarios within Kantian, Hegelian and contractualist ethical frameworks. I tentatively suggest that, by developing an ethical opposition to match-fixing in sport, we can give much greater substance to popular phrases such as ‘respect for (...) the game’, encompassing the value of sport itself and respect for other players, fans, sponsors and organisers. Arguing that match-fixing denies recognition to these ‘others’ demonstrates how fundamentally match-fixing ‘hollows out’ sport because a fixed match is of no worth: the whole value of the game has literally been evacuated. (shrink)

I offer ten arguments to demonstrate why student plagiarism is unethical. In sum, plagiarism may be theft; involve deception that treats professors as a mere means; violate the trust upon which the professor-student relationship depends; be unfair to other students in more than one way; diminish the student’s education; indulge vices such as indolence and cowardice; foreclose access to the internal goods of the discipline; diminish the value of a university degree; undercut creative self-expression and acceptance of epistemic limitations; (...) and undermine the vital interpersonal component of higher education. Plagiarism warrants severe penalties that effectively combat the student’s presumptive competitive strategy for individual success. (shrink)

Without taking a position on the overall justification of anti-doping regulations, I analyse the possible justification of Therapeutic Use Exemptions from such rules. TUEs are a creative way to prevent the unfair exclusion of athletes with a chronic condition, and they have the potential to be the least bad option. But they cannot be competitively neutral. Their justification must rest, instead, on the relevance of intentions to permissibility. I illustrate this by means of a set of thought experiments in (...) which only an athlete’s intentions vary. I argue that the Doctrine of Double Effect sheds some light on TUEs and illustrate this by applying different readings of the DDE to the thought experiment. This underpins a justification of anti-doping exemptions very different from the approach adopted by the World Anti-Doping Agency. I argue for three changes to bring TUEs in line with this understanding: rewriting of the regulations, transparency, and a greater role for athletes in determining what exemptions are allowed, and when. (shrink)

In his latest paper, Loland1 tackles the question of whether athletes with differences of sexual development may compete in the women’s division. The topic is one of the most complex in sport and, as such, is fraught with debate. On one hand, the higher testosterone levels of athletes with DSD means they have an unfair performance advantage over their female competitors. On the other hand, it is argued that women with DSD should be able to compete in the gender (...) division with which they identify, especially as many will have been raised with a clear gender identity. Loland uses the Rawlsian notion of ‘fair equality of opportunity’ in which individuals with similar talents and ambitions should have roughly equivalent prospects for competitive success. For example, in most situations in society, one’s age, biological sex, ethnic and religious background, colour of skin, or sexual orientation are irrelevant to whether an individual should be given a job or is eligible for social welfare. In addition to being irrelevant, these factors are also stable—they are inequalities that ‘individuals cannot control or impact in any significant way’.1 However, Loland recognises that some stable inequalities, such as biological sex and body size, are relevant to FEO in sport. For example, a featherweight boxer may have similar talents and …. (shrink)

We analyse Irish managers' perceptions about the degree of wrongness of ten types of unethical conduct. In-person interviews with 348 managing directors of Irish-owned businesses who report their perceptions of the degree of wrongness of ten business ethics problems (the dependent variables) yield the data for our study. Predictors of managers' ratings include the existence of a business code of ethics, perceived frequency of occurrence of the given acts, company size and sector, union membership, Irish business ownership and independence (the (...) independent variables). Results indicate that approximately 75% of those sampled are independent Irish owned businesses but few (only 22% of this sample) have a formal business code. Regression analyses reveal that small firms with a code of ethics predict higher wrongness ratings for managers in regard to the practices of unfair pricing and delayed payments (unethical behavior involving firms) but managers also consider such acts the least wrong overall. Wrongness ratings on the eight remaining unethical acts are explained by the manufacturing sector. However, manufacturing firms in Ireland also have a high percentage of unionised workers indicating that unions influence managerial thinking about social and employee ethics (e.g., discrimination, insider trading). The traditional adversarial Industrial Relations model is useful in noting that unions are important in setting ethical standards for indigenous Irish-owned businesses. Given this reality, management in small, manufacturing firms should work with unions to create a more formal ethics code in order to guard against corruption and to remain competitive in the international marketplace. Those without strong unions might articulate their own organisational values. (shrink)

This study examines steroid production in fathers watching their children compete, extending previous research of vicarious success or failure on men’s hormone levels. Salivary testosterone and cortisol levels were measured in 18 fathers watching their children play in a soccer tournament. Participants completed a survey about the game and provided demographic information. Fathers with higher pregame testosterone levels were more likely to report that referees were biased against their children’s teams, and pre- to postgame testosterone elevation was predicted by watching (...) sons compete rather than daughters as well as perceptions of unfair officiating. Pregame cortisol was not associated with pregame testosterone or with perceived officiating bias, but cortisol did fluctuate synergistically with testosterone during spectator competition. Although fathers showed no consistent testosterone change in response to winning or losing, pregame testosterone may mediate steroid hormone reactivity to other aspects of their children’s competition. (shrink)

The Federal Trade Commission has an important role to play in the governmental oversight of mobile health apps, ensuring consumer protections from unfair and deceptive trade practices and curtailing anti-competitive methods. The FTC’s consumer protection structure and authority is outlined before reviewing the recent FTC enforcement activities taken on behalf of consumers and against developers of mhealth apps. The article concludes with identification of some challenges for the FTC and modest recommendations for strengthening the consumer protections it provides.

The common view is that insider trading is always unethical and illegal. But such is not the case. Some forms of insider trading are legal. Furthermore, applying ethical principles to insider trading causes one to conclude that it is also sometimes ethical. This paper attempts to get past the hype, the press reports, and the political grandstanding to get to the truth of the matter. The author applies two sets of ethical principles – utilitarianism and rights theory – in an (...) attempt to determine when, and in what circumstances, insider trading is ethical. The views of Henry Manne, an early proponent of insider trading, are critically examined, as are the major arguments against insider trading. Is insider trading good for the company if it is used as a form of executive compensation which makes it possible to pay lower salaries than would otherwise be the case? Does insider trading cause the stock market to work more efficiently? If insider trading does increase efficiency, is that sufficient to call for its total legalization, or are there other things to be considered? Several arguments against insider trading have been put forth over the last few decades but there are problems with all of them. One of the main arguments is the fairness argument. The problem with this argument is that different people have different definitions of unfairness. A closely related argument is the level playing field argument, which advocates wider dissemination of information so that it is less asymmetric. One problem with the level playing field argument is that it is better applied to sporting competitions than to trading in information. Some economists argue that forcing the disclosure of nonpublic information can actually result in more harm than good and must necessarily involve the violation of property rights. Other arguments examined in this chapter include the fiduciary duty argument, the problem of outside traders, the misappropriation doctrine and the restrictions that insider trading laws place on freedom of speech and press. The article concludes by setting forth some principles or guidelines to determine when insider trading should be punished and when it should not. (shrink)

The Caster Semenya debacle touched off by the 2009 Berlin World Athletics Championships resulted finally in IOC and IAAF abandonment of sex testing, which gave way to procedures that make female competition eligibility dependent upon the level of serum testosterone, which must be below the male range or instrumentally countered by androgen resistance. We argue that the new policy is unsustainable because (i) the testosterone-performance connection it posits is uncompelling; (ii) testosterone-induced female advantage is not ipso facto unfair advantage; (...) (iii) the new policy reflects the gender policing impulses endemic to sport as well as the broader cultural impulses to monstrify women and to doctor women who have nothing wrong with them; (iv) female?male performance disparities are not the only reason for sex-segregated sport, but co-exist with respectable cultural and practical reasons, which (v) provide a powerful case for allowing athletes to compete in the sex category congruent with their gender identity. (shrink)

For much of its modern history, the notion of talent has been associated with the idea of ‘careers open to talent’. Its emancipatory promise of upward social mobility has radically transformed the distribution of advantaged social positions and has had a lasting influence on the very idea of social status itself. Nevertheless, unlike concepts traditionally associated with distributive justice, e.g. fairness, (in)equality, desert, equality of opportunity as well as justice itself, the notion of talent has received only limited examination. This (...) article discusses some of the most pressing problems and challenges arising out of a reductionist understanding of talents’ anatomy and a distorted characterization of their overall distributive value. In particular, it aims to address those issues revolving around talents’ anatomy existing conceptions of distributive justice leave either neglected or outrightly ignored. The introductory part outlines the basic egalitarian conception of equal opportunities and then proceed with the examination of fairness embedded in it. The central part of the paper identifies the key elements of talents’ anatomy. We then discuss some of the implications egalitarianism either leaves out of the discussion or neglects. In particular, we challenge the idea of moral arbitrariness as the key mechanism to discard talents as a form of unfair advantage in the process of competition for advantaged social positions. In the final part, we outline two fundamental problems that call into question the cogency of egalitarian conceptions of talent(s) as a form of unfair disadvantage. (shrink)

This paper develops a critical normative analysis of charter schools. It categorizes and evaluates the main arguments in defense of charters: market competition, improved learning outcomes, autonomy and innovation, and their potential to function as “counterpublics.”After finding each argument wanting, the paper proposes a tripartite critique of charters based on (i) their deleterious effects on social solidarity, (ii) the procedural injustice involved in access, and (iii) their substantively unjust outcomes. We show how charter schools under-mine social and political solidarity by (...) fragmenting communities into more homogenous subsets. Although they purport to be equally open to all, charters covertly rely on morally arbitrary characteristics such as class, race, and disability in admissions. Finally, we argue that they unfairly reduce the quality of education for some students, thus resulting in substantively unjust outcomes. (shrink)

Against Individualism: A Confucian Rethinking of the Foundations of Morality, Politics, Family, and Religion presents Henry Rosemont’s reflection on possible Confucian-based avenues for considering solutions to contemporary moral, political, and spiritual problems. Rosemont contends that the ideologies of capitalist economies, which are based largely on competition, and belief in autonomous individuality, including abstract notions of human rights, are fundamentally unable to deal effectively with many of today’s most pressing issues. For example, he argues against appealing to universalist principles in an (...) attempt to dissolve ethical and political tensions between cultures and states. In accordance with this orientation, his work is then best judged on the contributions it makes to constructing new perspectives on the problems addressed rather than how accurately he represents any tradition. In fact, Rosemont readily admits that he may be “unfair” to individualism or “creative[ly] misreading” early Confucianism. In this review article, I will argue that some of the differences Rosemont finds between his Confucian critique of individualism and the communitarian critique of individualism are, in fact, not all that dissimilar. For example, while Rosemont sees Alasdair MacIntyre and Michael Sandel as “individualists,” the general orientation of their communitarian response to libertarianism shares much in common with the Confucian “role ethics” perspective on the person and morality or ethics. In this way, I will argue that while Confucian role ethics and communitarian perspectives certainly have their respective emphases, they also have a lot to offer one another. (shrink)

_Purpose._ The purpose of the article lies in studying the main socio-anthropological measurements of the problem of recognition represented primarily by the philosophy of recognition of Alex Honneth, which is actualized by the struggle of the Ukrainian people for their existence and national-cultural recognition. A consistent analysis of the communicative paradigm in contemporary philosophy led to the understanding of its transformation into the reality of the problem of recognition and the identification of the main forms of recognition in it, which (...) determine an individual’s perception of the social space as fair or unfair, where his dignity is disrespected. _Theoretical basis._ Turning to the works of Jurgen Habermas, Otfried Hoeffe, Ernst Tugendhat, Stefan Gosepath, and Thomas Rentsch made it possible to supplement the mainly procedural, theoretical-communicative way of philosophizing with a philosophical-anthropological, existential, contextual principle of awareness of recognition as a fundamental principle of justice and the understanding that the brutal, unjust destruction of the "living world" of a person and the state is synonymous with their physical destruction. The thesis of Francis Fukuyama about the relationship between the desire for recognition and human dignity inherent in human nature has acquired an important theoretical and methodological meaning. _Originality._ The article investigates the modern philosophical discourse of the problem of recognition in the socio-anthropological measurements, in the context of the relationship between recognition, the "living world" and justice, non-recognition, humiliation of human dignity, and injustice. And it was also found that the image of recognition represented by modern philosophical thought, as a horizon and condition of human existence, is based on the following components: justice, solidarity, dignity, and care. Exactly addressing the problem of recognition made it possible to answer the question about the anthropological-ontological, existential meaning of the desire of individuals, nations, and states for recognition and outline the ways of transforming recognition as a variant of "communicative utopia" into a real socio-cultural project. _Conclusions._ In contrast to justice, the theory of recognition comes from asymmetrical human relations, which, in the struggle for recognition, must become symmetrical. Although justice takes precedence over ethics of care and recognition, they are not actually in competition with each other, but belong to different but complementary dimensions of human existence. The perspective of philosophical understanding of the problem of recognition itself requires the deepening of its analysis with an existential-anthropological understanding rooted in a new, tragic life experience. Only under such conditions, it is possible to overcome the gap between often abstract philosophical reflections and real personal and social practices. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:SCANDAL AND IMITATION IN MATTHEW, KIERKEGAARD, AND GIRARD David McCracken University ofWashington Charlie Chaplin once entered a Charlie Chaplin look-alike contest, but his resemblance was insufficient for the first- or secondplace prize. He finished third, and thus created a small scandal: the judges—experts on Charlie Chaplin—proved to be so inept that they could not recognize the genuine article1. The simple, mimetic entertainment of a look-alike contest can become more (...) interesting when marked by a spirit of ironic play, which we may plausibly attribute to Charlie Chaplin, and it certainly becomes more interesting when marked by the scandal of inept authorities. Scandals have a way of attracting attention: we take notice, and often pleasure, when experts are shown to be fools. If, on the other hand, we are the experts, then we are likely to take offense and become embarrassed or uncomfortable, defensive or aggressive, humiliated or angry. Either way, we may be scandalized—at the actions of others or at the treatment of ourselves. The Chaplin story suggests three observations about scandal and imitation, which must be understood together because they are necessarily related, one requiring the other. First, models (in this case, Chaplin as the object ofimitation) may be transformed into idols, something fantastic or untrue that we are led to admire, desire, or worship. The movie idol Chaplin was sufficiently far removed from the actual human, Charlie Chaplin, that Charlie Chaplin finished the contest in third place. In the 1 The story, perhaps apocryphal, has been around for some years and reappeared recently in Barash (87), but it is not recorded in Chaplin's autobiography. David McCracken147 Hebrew Bible, idolatry is more extreme: the golden calf is an attractive idol because it can be seen, a fantastic improvement (it would seem) over an invisible God whose mediator has decamped. Instead of worshipping God, the Israelites worship their own desires, which are literally "dungballs " in Ezekiel's graphic vocabulary. Whether the movement is from an invisible God named YHWH toward a golden calf or dung-ball, or from a movie star, who is usually seen as a large image on a silver screen, toward the movie-goer's fond, mental reconstruction ofhim, the process of idolatry leads humans to mistake the false for the real. Second, imitation has different forms: in a look-alike contest, imitation will depend to some extent on the happenstance of physical similarity—the size and face should resemble Chaplin's—but it will also depend on clothing and movement. The entrant Chaplin must have had a significant advantage in size and face, but this advantage was obviously not decisive. Since he failed to win, we begin to wonder: Did he wear the right clothes and hat? Did he, consummate actor that he was, move like Charlie Chaplin or rather more like Buster Keaton? Did he, for the sake of his little scandal, fail to appropriate himself, so to speak; did he misrepresent himself in order not to win? Looking alike is one thing, but appropriating and representing are quite another. Finally, imitation often involves rivalry, which leads to scandal: the Chaplin look-alike contest is a competition, a form ofrivalry that involves winners and losers—that is the point of the contest. By entering the contest, Chaplin made himself an unfair obstacle to the other contestants. But ifhe tried to lose, by not acting like Chaplin, he became an obstacle to thejudges, misleading them into the ludicrous conclusion that someone other-than-Chaplin looked more like Chaplin than Chaplin. The potential scandal is inextricably related to judgment and rivalry, however lighthearted it may be in this case. Like our ordinary contests, New Testament imitation raises the specter of competition: the Pharisee gives thanks that he is not like the poor man (he wins the competition for righteousness hands down, he thinks, and he is fundamentally persuaded that there is a competition); the disciples want to know who among them—the competitors—gets to sit on the right hand; and Peter maintains that, while other disciples may be scandalized, he will not be (he wins, they lose). All ofthese miss the point decisively: New Testament imitation requires the renunciation ofrivalry. The... (shrink)

If the global economy seems unfair, how should we understand what a fair global economy would be? What ideas of fairness, if any, apply, and what significance do they have for policy and law? Working within the social contract tradition, this book argues that fairness is best seen as a kind of equity in practice.

Fairness in sport is not just about assigning the top prizes to the worthiest competitors. It is also about the way the prize structure itself is organised. For many sporting competitions, although it may be acceptable for winners to receive more than losers, it can seem unfair for winners to take everything and for losers to get nothing. Yet this insight leaves unanswered some difficult questions about what stakes fairness requires and which principles of stakes fairness are appropriate for (...) particular competitions. In this article I specify a range of different principles of stakes fairness that could regulate sporting competitions. I also put forward a theoretical method for pairing up appropriate principles of stakes fairness with given sporting competitions. Specifically, I argue that the underlying rationales for holding sporting competitions can provide useful guides for identifying appropriate principles of stakes fairness. I then seek to clarify and work through some of the implications of this method for a sample of real world controversies over sporting prize structures. I also attempt to refine the method in response to two possible objections from indeterminacy and relativism. Finally, I compare and contrast my conclusions with more general philosophical debates about justice. (shrink)

Steroid use in professional sports continues to receive much media attention in the United States. The predominant response to the use of steroids in professional sports is negative. Much of the opposition to steroid use focuses on the critical importance of fair play in American society. To the degree that steroids provide some players with an unfair advantage, the use of steroids is said to undermine fair play. This paper provides an analogical analysis of SAT (Scholastic Assessment Test) coaching (...) services, and the manner in which these services similarly undermine ?fair play? in college admissions competition. Ultimately, our national commitment to fair play is context?specific. If one looks closely, it further reveals the troubling possibility that fair play as a core value is not a core value at all, but little more than an empty mantra. (shrink)

This study investigates whether job stressors such as role ambiguity, procedural unfairness, and perceived competition may prompt high Machiavellian employees to use amoral manipulation at work. We also examine whether these manipulative behaviors are consequently related to their own task performance and affiliative citizenship behaviors. A weekly diary study was conducted among 111 Dutch employees over five consecutive working weeks, resulting in 446 assessed occasions. Using a multilevel moderated mediation model, we found that the relationship between weekly job stressors and (...) weekly amoral manipulation (AM) was contingent on trait AM, when the job stressor was role ambiguity (but not when the job stressor was either weekly procedural unfairness or weekly perceived competition). Our results also revealed significant indirect effects of weekly role ambiguity on weekly task performance and weekly display of courtesy through state AM, when trait AM was high. Our findings suggest that role ambiguity activates high Machiavellian employees’ manipulative behaviors at work, which in turn leads to impaired task performance and less courtesy toward others during the same working week. (shrink)

Bribery is a complicated, multi-dimensional issue. Upon first glance, most westerners would immediately condemn it as an underhanded, unfair means of gaining an advantage in a competitive or legal situation, and so it is in virtually every case in the westernized world. However, the issue becomes much more complicated in the international context, particularly in developing nations, where giving and accepting bribes is often normal and expected. This paper serves to inform ethical decision-making in situations where the “right choice” (...) is unclear with regards to bribery, primarily for individuals performing aid work in foreign countries with corrupt officials and police officers. In such contexts, a simple offering of food, money, or a small trinket may make the difference between a person being able to accomplish meaningful, life-changing work for the local populace or having that work significantly slowed at best and being thrown out of the country, robbed, or imprisoned in worse cases. The larger scale bribery issues in international business and the laws pertaining to them are also discussed. (shrink)

The article aims at exploring the social constituents of anxiety, which is considered to be a phenomenological cost of late modern social distortions. Firstly, the social theoretical background is elaborated based on a network theoretical synthesis of Bourdieu’s and Habermas’ phenomenologically grounded social theories, which aim at elaborating the social suffering caused by unfair competition and distorted communication. Secondly, an attempt is made to identify the key phenomenological characteristics of anxiety: based on psychoanalytic and cognitive psychological descriptions, it is (...) defined as a non-reactive, non-targeted fear, resulting in the generalization of worry. These two approaches are connected in order to identify those social distortions, which contribute to the emergence of such diffuse fear. The most typical examples are networks characterized by unstable competition and non-transparent and volatile competition or collective traumas, distrust or inefficient systems. (shrink)

NGOs are an important component of democratic society. The specificity of the system based on the participation of citizens provides the possibility of association of individuals to perform the duties of a socially useful. Isolation of the third sector, despite its unquestioned role in society, carries the risk of fraud-related manufacturing sphere of disposing of public funds and foreign, communicated through competitions. Any formulated opinions were based on existing literature and on experience, systematic observations using a questionnaire. The article raised (...) questions were formal, reflecting the legal position and market the third sector and ethical issues, revealing the dilemmas posed to the members of the organization. The most valuable source allows the evaluation of NGO, are according to the author's informal discussions. Indeed, they reveal the real motives that lead individuals to activity in the third sector, which is to be ideologically-profit area. In the course of scientific inquiry, the hypothesis was formulated concerning the relationship between the systems of organization leaders and their tendency to dispose of property unfairly. Moreover, the observed phenomenon of formation of categories of nouveau riche who are using its intellectual potential, they see the organization of project activities, multiplying the sources of private capital. (shrink)

Currently, one of the most important components of scientific activity is the writing and subsequent defense of a candidate's / doctoral dissertation. It is revealed that, despite the rapid digitalization of the educational process in the scientific paradigm of the whole world, including Russia, there is no single digital assessment of the dissertation. The current system of evaluation of a dissertation based on the one-dimensional designation "yes" or "no" does not allow to objectively and impartially determine the scientific value of (...) the dissertation. The author proposed a methodology for evaluating dissertations on a one-hundred-point scale, where the researcher with the highest score on the defense of the dissertation would be provided with financial support from the state to continue promising scientific research, while at the same time being an advantage in the competition for his election to the Russian Academy of Sciences. The author is critical of the conditions of the state and prospects of the development of science in Russia, considering it unfair to neglect the system of evaluation in the defense of dissertations, which leads to a constant outflow of young researchers abroad. In the perspective of applying the digital assessment of the dissertation, the support of talented scientists in obtaining high scores in the defense of the dissertation at the local, regional and federal levels is considered. (shrink)

I offer ten arguments to demonstrate why student plagiarism is unethical. In sum, plagiarism may be theft; involve deception that treats professors as a mere means; violate the trust upon which the professor-student relationship depends; be unfair to other students in more than one way; diminish the student’s education; indulge vices such as indolence and cowardice; foreclose access to the internal goods of the discipline; diminish the value of a university degree; undercut creative self-expression and acceptance of epistemic limitations; (...) and undermine the vital interpersonal component of higher education. Plagiarism warrants severe penalties that effectively combat the student’s presumptive competitive strategy for individual success. (shrink)