In this article, the essential claims and approaches seen in American and Scandinavian legal realism are presented and compared with Islamic law. The uncertainty on which it is based constitutes the essence of legal realism; In terms of Islamic law, there is no possibility of an uncertainty approach as seen in legal realism. The agreed points became clear and fixed. On the other hand, there are different appearances of clarification, not ambiguity in ijtihad issues. Even though realists reject the understanding (...) of root and source, Islamic law, based on the Book and Sunnah is a legal system that consists of certain roots and develops with them. Despite the rejections of realists, morality and values have a central place and importance in Islamic law. While realists define justice as part of the law and subject to the direction of the law; Islamic jurists are based on the approach of interdependence. While realists reject all the rules of law formed in the process; Islamic jurists systematized the rules of law and compiled works in this context. In contrast to the realists' approach that the law will become clear and come into existence with the decision of the judge, Islamic jurists have declared the system of law, which has come into existence with ijtihad as well as what has become clear with the texts. Contrary to the unlimited pluralism seen in realism due to the rejection of the understanding of root and source, there has been limited pluralism in Islamic law, which finds its traditional meaning within the framework of source understanding. After analyzing these issues in the article, the study was completed with the presentation of the results obtained. (shrink)

Leveraging perspectives from social cognitive theory, the attention-based view, and social networks literatures, we tested the relationship between unethical choice and network unethicality, which we define as respondents’ perceptions of their peer advisors’ unethical choices. Although social cognitive theory predicts that perceptions of peer advisor unethical choice are positively associated with unethical choice, we theorize that the nature of this relationship depends on the personality of the actor and the situation. Results from a lagged study suggest that individual and situational (...) variables may act as key buffers to the adverse impact of unethical social influence on ethical choice. Strengths, limitations, and directions for future research are discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.3 (2003) 177-188 [Access article in PDF] Chaïm Perelman's "First Philosophies and Regressive Philosophy":Commentary and Translation David A. Frank Michelle K. Bolduc Chaïm Perelman's 1949 article, "First Philosophies and Regressive Philosophy," has remained unavailable to readers unable to read French. Our commentary and translation is intended to provide English readers access to the context, influences, and themes that make the article an extraordinarily important work in (...) the history of twentieth-century rhetoric. In this article, Perelman offers a powerful critique of first philosophies and anticipates the problems of radical postmodernity. "First Philosophies" remains a strikingly elegant attempt to foil what Foucault (1984, 41-42) has called the "Enlightenment blackmail of reason," the assumption held by logical positivists and radical skeptics that if reason does not yield absolute and eternal Enlightenment knowledge, there can be no knowledge.Perelman and Lucie Olbrechts-Tyteca's New Rhetoric project avoids Enlightenment blackmail by charting a third way between logical positivism and radical relativism, and "First Philosophies" sets forth the project's philosophical blueprint. Commencing in 1947 and culminating in 1958 with the publication of Traité de l'argumentation: La nouvelle rhétorique, Perelman and Olbrechts-Tyteca sought, discovered, and developed a philosophical system designed as a rapprochement between dialectic (reason and logic) and rhetoric (the art of adapting arguments to audiences). Historians of rhetoric judge the work a "grand revolution" (Meyer 1999, 259), believing it marks a rhetorical renaissance in Europe, and suggest nothing like it will appear for another 100 years after its publication (Johnstone 1971). The New Rhetoric project influenced Gadamer and a host of post-war European and American thinkers (Mootz 1998). Michael Leff calls the 1970 English translation of Traité a "bombshell" (1994, 510). Beyond its historical importance, Crosswhite suggests that the New Rhetoric project is "the single most important event in contemporary rhetorical theory" (1996, 35)and "First Philosophies" marks Perelman's turn from logical [End Page 177] positivism to rhetoric, offering prescient answers to the post-World War II crises of reason, and the ideas in the article provide the Traité'sphilosophical glue (see in particular the English translation, 62).Perelman joined many post-war theorists, including Horkheimer and Adorno (1972), in the resistance to the reign of a disembodied Enlightenment rationality. However, Perelman identified what Habermas (1987, 119) would later call the "performative contradiction" in the conclusion that radical skepticism was the only alternative to Enlightenment rationality. In "First Philosophies," Perelman responds directly to Sartre's 1943 Being and Nothingness (198; see translation below) by exposing the failure of radical skeptics to see that they had been held hostage by Enlightenment blackmail in accepting the Enlightenment criterion for truth, rejecting it, and then making skepticism an absolute. Indeed, "First Philosophies" navigates from this performative contradiction to chart a third way between Enlightenment rationality and radical skepticism with an approach that he labels regressive philosophy. Regressive philosophy, Perelman argues, provides the human community with a mode of philosophical reasoning located between the extremes of Enlightenment rationality and radical skepticism. In this space between extremes, Perelman identifies contingent truths and values dependent on a rhetorical mode of reasoning, one making moral judgments possible.To best understand "First Philosophies," we recognize the importance of historical context in the development of social theories of knowledge (see Delacampagne 1999; Kennedy 1999). The intellectual networks in which philosophers operate also influence the development of philosophical systems, as Randall Collins has aptly documented. In addition to historical context and intellectual networks, Frederick Beiser has recently noted: "[t] he best introduction to any philosophy is the biography of the person who created it" (1999, 5). He argues that textual analysis alone cannot illuminate the motivation or meaning of a philosophy. A sense of Perelman's biography and the cultural influences that gave rise to "First Philosophies" are necessary for a proper understanding of its themes. For Perelman, the primary intellectual exigencies of the post-war period were the interrelated crises of justice, philosophical reasoning, and responsibility to which "First Philosophies" is a... (shrink)

Background Policy instruments based on the working of markets have been introduced to empower consumers of healthcare. However, it is still not easy to become a critical consumer of healthcare. Objectives The aim of this study is to analyse the possibilities of the state to strengthen the position of patients with the aid of a new financial regime, such as personal health budgets. Methods Data were collected through in-depth interviews with executives, managers, professionals and client representatives of six long-term care (...) institutions. Results With the introduction of individual budgets the responsibility for budgetary control has shifted from the organisational level to the individual level in the caregiver-client relationship. Having more luxurious care on offer necessitates a stronger demarcation of regular care because organisations cannot simultaneously offer extra care as part of the standard care package. New financial instruments have an impact on the culture of receiving and giving care. Distributive justice takes on new meaning with the introduction of financial market mechanisms in healthcare; the distributing principle of ‘need’ is transformed into the principle of ‘economic demand’. Conclusion Financial instruments not only act as a countervailing power against providers insufficiently client-oriented, but are also used by providers to reinforce their own positions vis-à-vis demanding clients. Tailor-made finance is not the same as tailor-made care. (shrink)

In this comprehensive collection of essays, most of which appear for the first time, eminent scholars from many disciplines—philosophy, economics, sociology, political science, demography, theology, history, and social psychology—examine the causes, nature, and consequences of present-day consumption patterns in the United States and throughout the world.

In this paper, we will consider the neuro-cognitive systems involved in mediating morality. Five main claims will be made. First, that there are multiple, partially separable neuro-cognitive architectures that mediate specific aspects of morality: social convention, care-based morality, disgust-based morality and fairness/justice. Second, that all aspects of morality, including social convention, involve affect. Third, that the neural system particularly important for social convention, given its role in mediating anger and responding to angry expressions, is ventrolateral prefrontal cortex. Fourth, that (...) the neural systems particularly important for care-based morality are the amygdala and medial orbital frontal cortex. Fifth, that while Theory of Mind is not a prerequisite for the development of affect-based 'automatic moral attitudes', it is critically involved in many aspects of moral reasoning. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Rhetoric 36.3 (2003) 177-188 [Access article in PDF] Chaïm Perelman's "First Philosophies and Regressive Philosophy":Commentary and Translation David A. Frank Michelle K. Bolduc Chaïm Perelman's 1949 article, "First Philosophies and Regressive Philosophy," has remained unavailable to readers unable to read French. Our commentary and translation is intended to provide English readers access to the context, influences, and themes that make the article an extraordinarily important work in (...) the history of twentieth-century rhetoric. In this article, Perelman offers a powerful critique of first philosophies and anticipates the problems of radical postmodernity. "First Philosophies" remains a strikingly elegant attempt to foil what Foucault (1984, 41-42) has called the "Enlightenment blackmail of reason," the assumption held by logical positivists and radical skeptics that if reason does not yield absolute and eternal Enlightenment knowledge, there can be no knowledge.Perelman and Lucie Olbrechts-Tyteca's New Rhetoric project avoids Enlightenment blackmail by charting a third way between logical positivism and radical relativism, and "First Philosophies" sets forth the project's philosophical blueprint. Commencing in 1947 and culminating in 1958 with the publication of Traité de l'argumentation: La nouvelle rhétorique, Perelman and Olbrechts-Tyteca sought, discovered, and developed a philosophical system designed as a rapprochement between dialectic (reason and logic) and rhetoric (the art of adapting arguments to audiences). Historians of rhetoric judge the work a "grand revolution" (Meyer 1999, 259), believing it marks a rhetorical renaissance in Europe, and suggest nothing like it will appear for another 100 years after its publication (Johnstone 1971). The New Rhetoric project influenced Gadamer and a host of post-war European and American thinkers (Mootz 1998). Michael Leff calls the 1970 English translation of Traité a "bombshell" (1994, 510). Beyond its historical importance, Crosswhite suggests that the New Rhetoric project is "the single most important event in contemporary rhetorical theory" (1996, 35)and "First Philosophies" marks Perelman's turn from logical [End Page 177] positivism to rhetoric, offering prescient answers to the post-World War II crises of reason, and the ideas in the article provide the Traité'sphilosophical glue (see in particular the English translation, 62).Perelman joined many post-war theorists, including Horkheimer and Adorno (1972), in the resistance to the reign of a disembodied Enlightenment rationality. However, Perelman identified what Habermas (1987, 119) would later call the "performative contradiction" in the conclusion that radical skepticism was the only alternative to Enlightenment rationality. In "First Philosophies," Perelman responds directly to Sartre's 1943 Being and Nothingness (198; see translation below) by exposing the failure of radical skeptics to see that they had been held hostage by Enlightenment blackmail in accepting the Enlightenment criterion for truth, rejecting it, and then making skepticism an absolute. Indeed, "First Philosophies" navigates from this performative contradiction to chart a third way between Enlightenment rationality and radical skepticism with an approach that he labels regressive philosophy. Regressive philosophy, Perelman argues, provides the human community with a mode of philosophical reasoning located between the extremes of Enlightenment rationality and radical skepticism. In this space between extremes, Perelman identifies contingent truths and values dependent on a rhetorical mode of reasoning, one making moral judgments possible.To best understand "First Philosophies," we recognize the importance of historical context in the development of social theories of knowledge (see Delacampagne 1999; Kennedy 1999). The intellectual networks in which philosophers operate also influence the development of philosophical systems, as Randall Collins has aptly documented. In addition to historical context and intellectual networks, Frederick Beiser has recently noted: "[t] he best introduction to any philosophy is the biography of the person who created it" (1999, 5). He argues that textual analysis alone cannot illuminate the motivation or meaning of a philosophy. A sense of Perelman's biography and the cultural influences that gave rise to "First Philosophies" are necessary for a proper understanding of its themes. For Perelman, the primary intellectual exigencies of the post-war period were the interrelated crises of justice, philosophical reasoning, and responsibility to which "First Philosophies" is a... (shrink)

DNA identification methods are such an established part of our law enforcement and criminal justice systems it is hard to believe that the technologies were developed as recently as the mid-1980s, and that the databases of law enforcement profiles were established in the 1990s. Although the first databases were limited to the DNA profiles of convicted rapists and murderers, the success of these databases in solving violent crimes provided the impetus for Congress and state legislatures to expand the scope (...) of the databases with little critical examination of each expansion's value to law enforcement or cost to privacy and civil liberties.We are now entering a new stage of DNA forensics, in which successive database expansions over the last decade have raised the possibility of creating a population-wide repository. In addition, new applications of DNA profiling, including familial and low stringency searches, have been added to DNA dragnets, the use of medical samples for forensic analysis, and other measures to create a series of crucial, yet largely unexplored, second-generation legal and policy issues. (shrink)

This conceptual paper revisits the concept of equality as a base of distributive justice and contends that it is underspecified, both theoretically and in terms of its ethical and pragmatic application to human resource management (HRM) within organizations. Prior organizational literature focuses primarily upon distributive equality of remunerative outcomes within small groups and implicitly employs an equity-based conception of inputs to define equality. In contrast, through exposition of the philosophical roots of equality principles, we reconceptualize inputs as de facto (...) equal and consider the systemic application of distributive equality in the form of status leveling practices. Ethical ramifications of distributive equality so viewed are explored. We conclude by arguing that, to implicitly insert a stronger ethics focus into the study and practice of HRM, perhaps there should be "equality theory" competing with equity theory for recognition in managerial and scholarly discourse. (shrink)

This essay considers the legacy of Kant’s philosophy of religion as appropriated by Jacques Derrida in his recent, “Foi et savoir: les deux sources de la ‘religion’ aux limites de la simple raison.” Derrida’s adoption of this Kantian framework raises the question of how one might describe this as a postmodern account of religion, which in turn raises the question of the relationship between modernity and postmodernity in general, and Derrida’s relationship to Kant in particular. Following an exposition of Derrida’s (...) notion of a formal “ethical” religion as a repetition of Kant’s critique in Religion Within the Limits of Reason Alone, I offer a critique of Derrida’s (and Kant’s) “formalization” of religion and the relationship between faith and reason, arguing that a more persistent postmodernism requires a de-formalization of the modern concern for justice, appreciating its determinate prophetic origin. (shrink)

Background: A fair distribution of healthcare services for older patients is an important challenge, but qualitative research exploring clinicians’ consideration in daily clinical prioritisation in healthcare services for the aged is scarce.Objectives: To explore what kind of criteria, values, and other relevant considerations are important in clinical prioritisations in healthcare services for older patients.Design: A semi-structured interview-guide was used to interview 45 clinicians working with older patients. The interviews were analysed qualitatively using hermeneutical content analysis and template organising style.Participants: 20 (...) physicians and 25 nurses working in public hospitals and nursing homes in different parts of Norway.Results and interpretations: Important dilemmas relate to under-provision of community care and comprehensive approaches, and over-utilisation of certain specialised services. Overt ageism is generally not reported, but the healthcare services for the aged seem to be inadequate due to more subtle processes, for example, dominating considerations and ideals and operating conditions that do not pay sufficient attention to older patients’ needs and considerations of justice. Clinical prioritisations are described as being dominated by adapting traditional biomedical approaches to the operating conditions. Many of the clinicians indicate that there is a potential for improving end of life decisions and for reducing exaggerated use of life-prolonging treatment and hospitalisations.Conclusion: The interviews in this study indicate that considerations of justice and patients’ perspectives should be given more attention to strike a balance between specialised medical approaches and more general and comprehensive approaches in healthcare services for older patients. (shrink)

This study examines a moderated/mediated model of ethical leadership on follower job satisfaction and affective organizational commitment. We proposed that managers have the potential to be agents of virtue or vice within organizations. Specifically, through ethical leadership behavior we argued that managers can virtuously influence perceptions of ethical climate, which in turn will positively impact organizational members’ flourishing as measured by job satisfaction and affective commitment to the organization. We also hypothesized that perceptions of interactional justice would moderate the (...) ethical leadership-to-climate relationship. Our results indicate that ethical leadership has both a direct and indirect influence on follower job satisfaction and affective commitment. The indirect effect of ethical leadership involves shaping perceptions of ethical climate, which in turn, engender greater job satisfaction and affective organizational commitment. Furthermore, when interactional justice is perceived to be high, this strengthens the ethical leadership-to-climate relationship. (shrink)

BackgroundThe expectation of pandemic-induced severe resource shortages has prompted authorities to draft and update frameworks to guide clinical decision-making and patient triage. While these documents differ in scope, they share a utilitarian focus on the maximization of benefit. This utilitarian view necessarily marginalizes certain groups, in particular individuals with increased medical needs.Main bodyHere, we posit that engagement with the disability critique demands that we broaden our understandings of justice and fairness in clinical decision-making and patient triage. We propose the (...) capabilities theory, which recognizes that justice requires a range of positive capabilities/freedoms conducive to the achievement of meaningful life goals, as a means to do so. Informed by a disability rights critique of the clinical response to the pandemic, we offer direction for the construction of future clinical triage protocols which will avoid ableist biases by incorporating a broader apprehension of what it means to be human.ConclusionThe clinical pandemic response, codified across triage protocols, should embrace a form of justice which incorporates a vision of pluralistic human capabilities and a valuing of positive freedoms. (shrink)

Corruption involves greed, money, and risky decision-making. We explore the love of money, pay satisfaction, probability of risk, and dishonesty across cultures. Avaricious monetary aspiration breeds unethicality. Prospect theory frames decisions in the gains-losses domain and high-low probability. Pay dissatisfaction (in the losses domain) incites dishonesty in the name of justice at the individual level. The Corruption Perceptions Index, CPI, signals a high-low probability of getting caught for dishonesty at the country level. We theorize that decision-makers adopt avaricious love-of-money (...) aspiration as a lens and frame dishonesty in the gains-losses domain (pay satisfaction-dissatisfaction, Level 1) and high-low probability (CPI, Level 2) to maximize expected utility and ultimate serenity. We challenge the myth: Pay satisfaction mitigates dishonesty across nations consistently. Based on 6500 managers in 32 countries, our cross-level three-dimensional visualization offers the following discoveries. Under high aspiration conditions, pay dissatisfaction excites the highest- (third-highest) avaricious justice-seeking dishonesty in high (medium) CPI nations, supporting the certainty effect. However, pay satisfaction provokes the second-highest avaricious opportunity-seizing dishonesty in low CPI entities, sustaining the possibility effect—maximizing expected utility. Under low aspiration conditions, high pay satisfaction consistently leads to low dishonesty, demonstrating risk aversion—achieving ultimate serenity. We expand prospect theory from a micro and individual-level theory to a cross-level theory of monetary wisdom across 32 nations. We enhance the S-shaped Curve to three 3-D corruption surfaces across three levels of the global economic pyramid, providing novel insights into behavioral economics, business ethics, the environment, and responsibility. (shrink)

Background: Although fair distribution of healthcare services for older patients is an important challenge, qualitative research exploring clinicians’ considerations in clinical prioritisation within this field is scarce. Objectives: To explore how clinicians understand their professional role in clinical prioritisations in healthcare services for old patients. Design: A semi-structured interview-guide was employed to interview 45 clinicians working with older patients. The interviews were analysed qualitatively using hermeneutical content analysis. Participants: 20 physicians and 25 nurses working in public hospitals and nursing homes (...) in different parts of Norway. Results and interpretations: The clinicians struggle with not being able to attend to the comprehensive needs of older patients, and being unfaithful to professional ideals and expectations. There is a tendency towards lowering the standards and narrowing the role of the clinician. This is done in order to secure the vital needs of the patient, but is at the expense of good practice and holistic role modelling. Increased specialisation, advances and increase in medical interventions, economical incentives, organisational structures, and biomedical paradigms, may all contribute to a narrowing of the clinicians’ role. Conclusion: Distributing healthcare services in a fair way is generally not described as integral to the clinicians’ role in clinical prioritisations. If considerations of justice are not included in clinicians’ role, it is likely that others will shape major parts of their roles and responsibilities in clinical prioritisations. Fair distribution of healthcare services for older patients is possible only if clinicians accept responsibility in these questions. (shrink)

Stone, J. Thoughts on supposed "Death of law".--Krishna Iyer, V. R. Jurisprudence and jurisconscience.--Sharma, G. S. Law and social change in India.--Sharma, S. D. The concept of justice in Manu.--Chand, H. Legal values for a developing country.--Ramarao, T. S. The new international law relating to the rights and duties of States.--Sinha, B. S. Custom and customary law in Indian jurisprudence.--Mazumdar, D. L. Techno-economic structure of our industrial society.--Subrahamanian, N. Law and social change.

Kant's political thinking is predominantly evaluated in contractarian terms, though recent contributions have also emphasized the natural law influence on him. This paper argues that the assimilation of Kant into either tradition is problematic. An analysis of his account of political obligation cannot ignore the distinctiveness of Kant's general philosophical framework. Two recurrent Kantian themes are crucial to a reconstruction of his political argument. The first is the tension between freedom and causality, or nature. The second is the role of (...) reflective judgment in practical reasoning. The paper analyses Kant's property argument, and his related account of political obligation, from the perspective of these Kantian themes. Kant's ‘antinomy of Right’, formulated in the context of his property argument, is interpreted as a conflict between freedom and nature, and in analogy with the third antinomy of the Critique of Pure Reason. Kant's obscure theorem, the lex permissiva, is central to his ‘solution’ to the antinomy. The theorem is best understood as a reflective practical judgment, through which agents are brought to acknowledge that their obligations of justice towards one another are a direct entailment of their respective claims to property. The connection between property rights and political obligations is thus intrinsic, not extrinsic; the acknowledgement of that connection an act of reflective judgment, not contractual. (shrink)

IN CRITICALLY ANALYZING THE DEADLY VIPER CONTROVERSY AND MARY Queen of Vietnam Catholic Church's social activism in the aftermath of Hurricane Katrina, we consider questions concerning the ability of Asian Americans to participate in public discourse in meaningful ways that spur social change while fostering solidarity with other marginalized ethnic groups in the United States. Drawing on Christian theo-ethical reflection on the racial or social identity of Jesus as a hybridized concept, we argue for a robust public discourse that recognizes (...) Asian Americans as a social group without succumbing to the ghettoization of Asian American identity or a withdrawal from engagement with other justice-seeking social groups. In doing so, we look toward constructive modes of public discourse carried out by multiple counterpublics that both give voice to the Asian American community and open the space for collaboration across ethnic, racial, class, religious, and national boundaries. (shrink)

BackgroundIn the Canadian Alliance for Healthy Hearts and Minds (CAHHM) cohort, participants underwent magnetic resonance imaging (MRI) of the brain, heart, and abdomen, that generated incidental findings (IFs). The approach to managing these unexpected results remain a complex issue. Our objectives were to describe the CAHHM policy for the management of IFs, to understand the impact of disclosing IFs to healthy research participants, and to reflect on the ethical obligations of researchers in future MRI studies.MethodsBetween 2013 and 2019, 8252 participants (...) (mean age 58 ± 9 years, 54% women) were recruited with a follow-up questionnaire administered to 909 participants (40% response rate) at 1-year. The CAHHM policy followed a restricted approach, whereby routine feedback on IFs was not provided. Only IFs of severe structural abnormalities were reported.ResultsSevere structural abnormalities occurred in 8.3% (95% confidence interval 7.7–8.9%) of participants, with the highest proportions found in the brain (4.2%) and abdomen (3.1%). The majority of participants (97%) informed of an IF reported no change in quality of life, with 3% of participants reporting that the knowledge of an IF negatively impacted their quality of life. Furthermore, 50% reported increased stress in learning about an IF, and in 95%, the discovery of an IF did not adversely impact his/her life insurance policy. Most participants (90%) would enrol in the study again and perceived the MRI scan to be beneficial, regardless of whether they were informed of IFs. While the implications of a restricted approach to IF management was perceived to be mostly positive, a degree of diagnostic misconception was present amongst participants, indicating the importance of a more thorough consent process to support participant autonomy.ConclusionThe management of IFs from research MRI scans remain a challenging issue, as participants may experience stress and a reduced quality of life when IFs are disclosed. The restricted approach to IF management in CAHHM demonstrated a fair fulfillment of the overarching ethical principles of respect for autonomy, concern for wellbeing, and justice. The approach outlined in the CAHHM policy may serve as a framework for future research studies.Clinical trial registrationhttps://clinicaltrials.gov/ct2/show/nct02220582. (shrink)

In this article, the relevance of justice in care is discussed, with special regard to long-term care. After a short introduction laying out the conceptual framework of justice and care, followed by an exploration of some special challenges within long-term care, this article consists of two main parts. The first part deals with justice as a general (secular) philosophical phenomenon and draws especially upon principles of justice as developed by John Rawls. Both the principle of fair (...) equality of opportunity and the difference principle, according to which an unequal treatment may be justified, provided that those “worst off” benefit mostly and are relevant within the field of care. The feminist debate about an ethics of care is also considered since its more recent contributions offer interesting attempts to mediate between justice and care. The second part of the article introduces a Christian perspective on justice, with relevance for (long-term) care. From a Christian point of view, one will even more strongly than Rawls argue for a conception of justice, which gives priority to those worst off. It is also argued that justice and care converge in the practice of diakonia. Diakonia, in many traditions synonymous with the caring dimension of the church, always had a special focus on long-term care. In this kind of church-based practice, justice and care are reconciled. (shrink)

This volume explores how Catholicism began and continues to open its doors to the wider world and to other confessions in embracing ecumenism, thanks to the vision and legacy of the Second Vatican Council. It explores such themes as the twentieth century context preceding the council; parallels between Vatican II and previous councils; its distinctively pastoral character; the legacy of the council in relation to issues such as church-world dynamics, as well as to ethics, social justice, economic activity. Several (...) chapters discuss the role of women in the church before, during, and since the council. Others discern inculturation in relation to Vatican II. The book also contains a wide and original range of ecumenical considerations of the council, including by and in relation to Free Church, Reformed, Orthodox, and Anglican perspectives. Finally, it considers the Council’s ongoing promise and remaining challenges with regard to ecumenical issues, including a groundbreaking essay on the future of ecumenical dialogue by Cardinal Walter Kasper. (shrink)

"In Getting Even, Charles Barton contends that revenge can be a form of justice that is constructive and healing for our society. Our current judiciary system, he explains, denies both victims and the accused an active role in the legal proceedings and resolution of their cases, reducing them to bystanders in what is essentially their own conflict. Barton does not argue for an individual's right to take the law into his own hands, but does show that the courts should (...) recognize the revenge motive as legitimate and rational within the rules of justice."--pub. desc. (shrink)

As a result of the increase in genetic testing and the fear of discrimination by insurance companies, employers, and society as a result of genetic testing, the disciplines of ethics, public health, and genetics have converged. Whether relatives of someone with a positive predictive genetic test should be notified of the results and risks is a matter urgently in need of debate. Such a debate must encompass the moral and ethical obligations of the diagnosing physician and the patient. The decision (...) to inform or not will vary depending on what moral theory is used. Utilising the utilitarian and libertarian theories produces different outcomes. The principles of justice and non-maleficence will also play an important role in the decision. (shrink)

Principles of justice, David Estlund argues, cannot be falsified by people’s unwillingness to satisfy them. In his Utopophobia, Estlund rejects the view that justice must bend to human motivation to deliver practical implications for how institutions ought to function. In this paper, I argue that a substantive argument against such bending of justice principles must challenge the reasons for making these principles sensitive to motivational limitations. Estlund, however, provides no such challenge. His dispute with benders of (...) class='Hi'>justice is therefore a verbal one over the true meaning of justice, which need not worry those with the intuition that justice should perform a function that requires bending. By focusing on John Rawls’s reasons for bending his justice principles, I point towards a substantive critique of bent justice. (shrink)

Clinician gate-keeping is the process whereby healthcare providers prevent access to eligible patients for research recruitment. This paper contends that clinician gate-keeping violates three principles that underpin international ethical guidelines: respect for persons or autonomy; beneficence or a favourable balance of risks and potential benefits; and justice or a fair distribution of the benefits and burdens of research. In order to stimulate further research and debate, three possible strategies are also presented to eliminate gate-keeping: partnership with professional researchers; collaborative (...) research design and clinician education. (shrink)

This paper examines some of the background social and institutional practices involved in the production of official statistics about crime and criminal justice. It documents how a host of micropolitical considerations impinge on what studies are conducted, which agencies control official data, and how measures are standardized. The communication of statistical facts is also shown to be influenced by a concern to prospectively manage the political symbolism of popular accounts about crime and criminal justice statistics.

ABSTRACTIn this paper, I question the orthodox position that true belief is a fundamental epistemic value. I begin by raising a particularly epistemic version of the so-called “value problem of knowledge” in order to set up the basic explanandum and to motivate some of the claims to follow. In the second section, I take aim at what I call “bottom-up approaches” to this value problem, views that attempt to explain the added epistemic value of knowledge in terms of its relation (...) to a more fundamental value of true belief. The final section is a presentation of a value-theoretic alternative, one that explains the value problem presented in the first section while also doing justice to intuitions that may cause us to worry about bottom-up approaches. In short, knowledge and not mere true belief is a fundamental epistemic value as it is the constitutive goal of propositional inquiry. (shrink)

Abstract: Contra John Rawls, G. A. Cohen argues that the fundamental principles of justice are not constrained by the limits of our nature or the nature of society, even at its historical best. Justice is what it is, even if it will never be realized, fully or at all. Likewise, David Estlund argues that since our innate motivations can be justice-tainting, they cannot be a constraint on the right conception of justice. Cohen and Estlund agree that (...) if the attempt to implement a certain conception of justice is likely to result in widespread harm or injustice, then it should not be implemented, but that this does not entail that the conception itself is false. I argue that (i) there is no way to judge the soundness of a principle of justice independently of all psychological facts , and the effects that the principle is likely to have if it is implemented; (ii) a principle of justice that, if implemented, makes it hard or impossible for individuals committed to justice to lead happy and worthwhile lives in a good society, even if the circumstances are favorable to living justly, cannot be sound; (iii) without the constraints noted in (i) and (ii), there can be no reason to reject racist, sexist, or other wrongheaded principles of justice that have been advanced as sound over the years, principles that even Cohen and Estlund would reject. In short, justice is justice only if kept within the limits of human nature. (shrink)

Using data collected from 280 full-time employees from a variety of organizations, this study examined the effects of employee perceptions of the behavioral integrity (BI) of their supervisors on job tension. The moderating effect of procedural justice (PJ) on this relationship also was examined. Substitutes for leadership theory (Kerr and Jermier, 1978) and psychological contract theory (Rousseau, Empl Responsib Rights J 2:121–139, 1989) were used as the theoretical foundations for the hypothesized relationships. Results indicated a negative relationship between BI (...) and job tension. PJ moderated this relationship such that it was weakened under conditions of high PJ. Implications for research and managers are discussed. (shrink)

One of the areas of concern raised by cross-border reproductive travel regards the treatment of women who are solicited to provide their ova or surrogacy services to foreign consumers. This is particularly troublesome in the context of developing countries where endemic poverty and low standards for both medical care and informed consent may place these women at risk of exploitation and harm. We explore two contrasting proposals for policy development regarding the industry, both of which seek to promote ethical outcomes (...) and social justice: While one proposal advocates efforts to minimize cross-border demand for female reproductive resources through the pursuit of national self-sufficiency, the other defends cross-border trade as a means for meeting the needs of vulnerable groups. Despite the conflicting objectives of the proposed strategies, the paper identifies common values and points of agreement between the two, including the importance of regulations to safeguard those providing ova or surrogacy services. (shrink)

Throughout the COVID-19 pandemic, shortages of scarce healthcare resources consistently presented significant moral and practical challenges. While the importance of vaccines as a key pharmaceutical intervention to stem pandemic scarcity was widely publicized, a sizable proportion of the population chose not to vaccinate. In response, some have defended the use of vaccination status as a criterion for the allocation of scarce medical resources. In this paper, we critically interpret this burgeoning literature, and describe a framework for thinking about vaccine-sensitive resource (...) allocation using the values of responsibility, reciprocity, and justice. Although our aim here is not to defend a single view of vaccine-sensitive resource allocation, we believe that attending critically with the diversity of arguments in favor (and against) vaccine-sensitivity reveals a number of questions that a vaccine-sensitive approach to allocation should answer in future pandemics. (shrink)

The Jeu d'Adam—staged outside a church, sporting an energetic vernacular dialogue—was for Hardin Craig drama “caught in the very act of leaving the church,” as for E. K. Chambers it was a herald of secularization. O. B. Hardison's investigation into the origins of medieval drama has rendered that position untenable, but at the same time has left us with no explanation for this play's innovations. Scholars of the Chambers-Craig tradition at least did not imagine that style is without meaning or (...) that innovation is unmotivated. I want to suggest that the significance of the Adam's dramaturgic novelty can be traced to particular ideological disturbances created by particular developments in ecclesiastical life. The play appropriates the liturgy of public penance to reassert traditional authoritative forms at a time when the disposition of spiritual authority was being reimagined, both in formal theological discussions and in the concrete act of sacramental absolution. The world of historical experience, which Erich Auerbach saw in the realistic vernacular dialogue, finds a place in this play only to be put in its place; the innovations express in a new way the old idea that submission to the ecclesiastical hierarchy is a healthy way to live. In placing the action before the church doors the author made the church building not merely the context of the play , but also its subject. (shrink)

In The Ethos of a Late-Modern Citizen, Stephen K. White contends that Western democracies face novel challenges demanding our reexamination of the role of citizens. White argues that the intense focus in the past three decades on finding general principles of justice for diversity-rich societies needs to be complemented by an exploration of what sort of ethos would be needed to adequately sustain any such principles. Accessible, pithy, and erudite, The Ethos of a Late-Modern Citizen will appeal to a (...) wide audience. (shrink)

America is driven by vengeance in Terry Aladjem's provocative account – a reactive, public anger that is a threat to democratic justice itself. From the return of the death penalty to the wars on terror and in Iraq, Americans demand retribution and moral certainty; they assert the 'rights of victims' and make pronouncements against 'evil'. Yet for Aladjem this dangerously authoritarian turn has its origins in the tradition of liberal justice itself – in theories of punishment that justify (...) inflicting pain and in the punitive practices that result. Exploring vengeance as the defining problem of our time, Aladjem returns to the theories of Locke, Hegel and Mill. He engages the ancient Greeks, Nietzsche, Paine and Foucault to challenge liberal assumptions about punishment. He interrogates American law, capital punishment and images of justice in the media. He envisions a democratic justice that is better able to contain its vengeance. (shrink)

One of the more notorious passages in Kant occurs in the Doctrine of Right where he claims that ‘bloodguilt’ will cling to members of a dissolving society if they fail to execute the last murderer (MM, 6: 333). Although this is the most famous, bloodguilt appears in three other passages in Kant’s writings. These have received little attention in Kant scholarship. In this article, I examine these other passages and argue that bloodguilt functions as a symbol for the demandingness of (...) justice. I then offer a sympathetic interpretation of the passage from the Doctrine of Right. (shrink)

I examine some of the main philosophical, conceptual and normative issues in Colleen Murphy’s recent book The Conceptual Foundations of Transitional Justice (2017). I am sceptical whether we need yet another theory of justice to fit particular ‘transitional circumstances’, as Murphy argues. Instead, before presenting an alternative normative, ‘moral’ theory, we need to re-examine the very concept of transitional justice. I examine particularly the following. Firstly, what we really mean by ‘transitional justice’ in various contexts; and (...) I argue that transitional justice is not, as Murphy argues, ‘a special kind of justice’ needed during certain periods of political and social change. Transitional justice is rather an escape route from difficult questions of justice that transitional societies must deal with to maintain the delicate balance between justice and peace. Currently, the concept of transitional justice refers most directly to the overarching and expanding ‘toolkit’ of various mechanisms and processes used in post-conflict reconstruction. It is not quite clear how this toolkit fits with current debates on global, international, regional and local justice. Indeed, I would have preferred that Murphy focus on the complex conceptual foundations of transitional justice, rather than build a theory that conceptually and foundationally remains complex and ambiguous. (shrink)

Obligations of global justice rest mainly on the global rich but also to a lesser extent on the global poor. The governments of poor countries are obliged to fulfill requirements of non-aggression, good governance and decency, along with all other requirements which facilitate the achievement of global justice. So far, obligations of poor countries seem to be taken as given yet the behavior of governments in poor countries and occurrences therein attest to the contrary;this suggests a need to (...) mainstream these obligations in discussions about global justice. If poor countries do not live up to these requirements obstacles arise to the realization of global justice; and they act unjustly in relation to citizens of rich countries which provide them with aid. Uganda is taken as a case in point. (shrink)

In this original and rewarding combination of intellectual and political history, Ryan Balot offers a thorough historical and sociological interpretation of classical Athens centered on the notion of greed. Integrating ancient philosophy, poetry, and history, and drawing on modern political thought, the author demonstrates that the Athenian discourse on greed was an essential component of Greek social development and political history. Over time, the Athenians developed sophisticated psychological and political accounts of acquisitiveness and a correspondingly rich vocabulary to describe and (...) condemn it. Greed figures repeatedly as an object of criticism in authors as diverse as Solon, Thucydides, and Plato--all of whom addressed the social disruptions caused by it, as well as the inadequacy of lives focused on it. Because of its ethical significance, greed surfaced frequently in theoretical debates about democracy and oligarchy. Ultimately, critiques of greed--particularly the charge that it is unjust--were built into the robust accounts of justice formulated by many philosophers, including Plato and Aristotle. Such critiques of greed both reflected and were inextricably knitted into economic history and political events, including the coups of 411 and 404 B.C. Balot contrasts ancient Greek thought on distributive justice with later Western traditions, with implications for political and economic history well beyond the classical period. Because the belief that greed is good holds a dominant position in modern justifications of capitalism, this study provides a deep historical context within which such justifications can be reexamined and, perhaps, found wanting. (shrink)