Background The American Association of Medical Colleges has called for incorporation of the health humanities into medical education, and many medical schools now offer formal programs or content in this field. However, there is growing recognition among educators that we must expand beyond empathy and wellness and apply the health humanities to questions of social justice – that is, critical health humanities. In this paper we demonstrate how this burgeoning field offers us tools for integrating social justice into medical education, (...) utilizing the frameworks of critical consciousness and structural competency. Practice of health humanities Critical health humanities can be applied at multiple levels of learners, and in a variety of contexts. We are two physician-writers who have developed several educational programs that demonstrate this. We taught a seminar that introduced first-year and second-year undergraduates to concepts such as social determinants of health, intergenerational trauma, intersectionality, resilience, and cross-cultural care through works of fiction, poetry, film, podcasts, stand-up comedy, and more. Through creative projects and empathic reflection, students engaged with the complexities of structural forces that create and maintain health disparities. Medical students in their clinical years can engage in critical health humanities learning experiences as well. We teach several multidisciplinary electives that address social (in)justice in medicine, as well as mentor fourth-year students engaged in independent electives that foster critical awareness around health equity and ethics. Beyond the classroom, we have actively engaged in critical health humanities practices through story slams, literary journal clubs, conference presentations, and Grand Rounds. Through these activities we have included learners at GME and CME levels. These examples also demonstrate how community engagement and multidisciplinary partnerships can contribute to the practice of critical health humanities. Conclusion In this paper, we explore the growing field of critical health humanities and its potential for teaching health equity through narrative practices. We provide concrete examples of educational activities that incorporate critical consciousness and structural competency – frameworks we have found useful for conceptualizing critical health humanities as a pedagogical practice. We also discuss the strengths and challenges of this work and suggest future directions. (shrink)

The well-field system of land division was advocated by the classical Confucian Mencius and also by the Neo-Confucian Zhang Zai 張載 , both of whom, I argue, were philosophers of qi 氣 . In this system, land is divided into the shape of the Chinese character jing 井 . The outer eight parts would be private and cultivated by eight families, respectively, and the center part would be communal and fostered together in order to pay taxes.1 I argue that the (...) function of the well-field system is consistent with the role of ritual propriety in Zhang Zai’s philosophy of qi, which emphasizes the realization of “great harmony” , which is a state of vital .. (shrink)

Population health has recently grown from a series of loosely connected critiques of twentieth-century public health and medicine into a theoretical framework with a corresponding field of research—population health science. Its approach is to promote the public’s health through improving everyday human life: affordable nutritious food, clean air, safe places where children can play, living wages, etc. It recognizes that addressing contemporary health challenges such as the prevalence of type 2 diabetes will take much more than good hospitals and public (...) health departments. -/- Blending philosophy of science/medicine, public health ethics and history, this book offers a framework that explains, analyses and largely endorses the features that define this relatively new field. Presenting a philosophical perspective, Valles helps to clarify what these features are and why they matter, including: searching for health’s “upstream” causes in social life, embracing a professional commitment to studying and ameliorating the staggering health inequities in and between populations; and reforming scientific practices to foster humility and respect among the many scientists and non- scientists who must work collaboratively to promote health. -/- Featuring illustrative case studies from around the globe at the end of all main chapters, this radical monograph is written to be accessible to all scholars and advanced students who have an interest in health—from public health students to professional philosophers. (shrink)

The term `bioethics' was coined in 1971, just as interest in the medical humanities claimed a prominent place in medical education. Out of this interest, a substantial area of research and scholarship took shape: the philosophy of medicine. This field has been directed to the epistemological, ontological, and value-theoretical issues occasioned by medicine and the biomedical sciences. Bioethics is nested in this field and can only be fully understood in terms of the foundational issues it addresses. This collection of (...) essays in honor of Stuart F. Spicker, one of the individuals who gave shape to the philosophy of medicine, lays out the broad scope of concerns from the philosophy of embodiment, to issues of the role of ethics consultants, to concepts of disease, equity and the meaning of history. (shrink)

Jurisprudence is the prudence of jus, law's consciousness and conscience. Throughout history, when thinkers wanted to contemplate the organisation of society or the relationship between authority and the subject, they turned to law. All great philosophers, from Plato to Hobbes, Kant, Hegel, Marx and Weber had either studied the law or had a deep understanding of legal operations. But jurisprudence is also the conscience of law, the exploration of law's justice and of an ideal law or equity at the (...) bar of which state law is always judged. Jurisprudence brings together 'is' and 'ought', the positive and the normative, law and justice. But after a long process of decay, legal theory is today characterised by cognitive and moral poverty. Jurisprudence has become restricted and academically peripheral, a guidebook to technocratic legalism and a legitimation of the existent. Critical jurisprudence returns to the classical tradition of a general philosophy of law and adopts a much wider concept of legality. It is concerned both with posited law and with the law of the law. All legal aspects of the economic, political, emotional and physical modes of production and reproduction of society are part of critical jurisprudence. This widening of scope allows a radical rethinking of the nature of rights, justice, sovereignty and judgement. A political philosophy of justice today must examine the political economy of law; transitions from Empire to nation; ideological and imaginary constructions through which we understand ourselves and relate to others; ways in which gender, race or sexuality create forms of identity that both discipline bodies and offer sites of resistance. Law's complicity with political oppression, violence and racism has to be faced before it is possible to speak of a new beginning for legal thought, which in turn is the necessary precondition for a theory of justice. Critical Jurisprudence offers an ethics of law against the nihilism of power and an aesthetics of existence for the melancholic lawyer. (shrink)

In this paper I explore Aristotle’s idea of epikeia, or equity, in relation to the contemporary abortion debate. Equity is the rule of justice that insists we gobeyond the letter of the law in those cases in which following it would be harmful. One consequence of this is that we do not need to create exceptionless laws,since laws can admit exceptions for the sake of a higher good. I argue that this arrangement appears to be a reasonable way (...) to move the abortion debate forward, since the common good would mandate the prohibition of most abortions, but applications of equity would protect access to abortion for those considered most in need. In the end, though, despite this reasonableness, its usefulness for reforming abortion law is limited due to the current hostility of the American legislature to natural law as a higher form of justice. (shrink)

This paper suggests that liberal philosophy of education, which shares the implicit commitments of modern neutralist liberalism, also exhibits that political philosophy's theoretical inadequacies and inability to guide practice. It argues that neither theoretical perspective can redeem its claims to equally respect the demands of liberty and equity, when those claims rely only on arguments of procedural value. Consequent implications, for both educational theory and educational aims, are discussed.

This essay examines neoconservative criticisms of equity planning, and the challenges against the right of government to regulate local development and land use. The specific concern of this essay is how, or if, local development administrators (equity planners), should use their discretionary powers to ensure that city officials and private developers promote and protect the interests of urban residents, particularly the poor and disadvantaged. The essay begins by discussing the alleged conflict said to exist between needy urban residents (...) and the more secure urban taxpayers. The contrary views of equity planners are then reviewed, and the tensions within the neoconservative arguments are exposed and critiqued. Finally, the dispute between equity planners and neoconservatives is further explored by examining the dispute over the voucher system to address the problem of equal educational opportunity in urban communities. (shrink)

In this paper I explore Aristotle’s idea of epikeia, or equity, in relation to the contemporary abortion debate. Equity is the rule of justice that insists we gobeyond the letter of the law in those cases in which following it would be harmful. One consequence of this is that we do not need to create exceptionless laws,since laws can admit exceptions for the sake of a higher good. I argue that this arrangement appears to be a reasonable way (...) to move the abortion debate forward, since the common good would mandate the prohibition of most abortions, but applications of equity would protect access to abortion for those considered most in need. In the end, though, despite this reasonableness, its usefulness for reforming abortion law is limited due to the current hostility of the American legislature to natural law as a higher form of justice. (shrink)

This paper examines a broad range of ethical perspectives and principles relevant to the analysis of issues raised by the science of climate change and explores their implications. A second and companion paper extends this analysis to the contribution of ethics, economics and politics in understanding policy towards climate change. These tasks must start with the science which tells us that this is a problem of risk management on an immense scale. Risks on this scale take us far outside the (...) familiar policy questions and standard, largely marginal, techniques commonly used by economists; this is a subject that requires the full breadth and depth of what economics has to offer and a much more thoughtful view of ethics than economists usually bring to bear. Different philosophical approaches bring different perspectives on understanding and policy, yet they generally point to the case for strong action to manage climate change. (shrink)

This article examines the business case for diversity, according to which diversity should be promoted because diverse groups outperform nondiverse groups. Philosophers who defend BCD usually...

This essay examines neoconservative criticisms of equity planning, and the challenges against the right of government to regulate local development and land use. The specific concern of this essay is how, or if, local development administrators (equity planners), should use their discretionary powers to ensure that city officials and private developers promote and protect the interests of urban residents, particularly the poor and disadvantaged. The essay begins by discussing the alleged conflict said to exist between needy urban residents (...) and the more secure urban taxpayers. The contrary views of equity planners are then reviewed, and the tensions within the neoconservative arguments are exposed and critiqued. Finally, the dispute between equity planners and neoconservatives is further explored by examining the dispute over the voucher system to address the problem of equal educational opportunity in urban communities. (shrink)

The Routledge Handbook of the Philosophy of Public Health is an outstanding reference source to this exciting subject and the first collection of its kind. Comprising over forty chapters by a team of international contributors the handbook covers the following central topics: What is global health?; methodology in public health science; social determinants and health equity; politics and economics; health policy and law; globalization; macroeconomics; securitization; and specific public health challenges such as obesity, cancer, alcohol, tobacco and infectious (...) diseases. Essential reading for students and researchers in political philosophy, bioethics, public health ethics and the philosophy of medicine the handbook will also be very useful for those in related fields, such public health professionals and epidemiologists. (shrink)

Offering a new answer to an age-old problem: the meaning of a just or equitable distribution of resources, Julian Le Grand examines the principal interpretations of equity used by economists and political philosophers. He argues that none captures the essence of the term as well as an alternative conception relating equity to the existence or otherwise of individual choice. Le Grand shows that this conception is not only philosophically well-grounded but is also directly relevant to key areas of (...) distributional policy. His theoretical argument is complemented by detailed discussion of the application of the central idea to specific areas of policy, including the distribution of health and health care, central government grants to local governments and the measurement of income for tax purposes. Equity and Choice is written by an economist, but is intended for political philosophers and social policy analysts as well as economists. Hence the key chapters are written in a non-technical fashion, with specialized material relegated to appendices. This book is a unique combination of philosophical, economic and policy analysis and represents a major contribution in all three areas. (shrink)

Both intertemporal and intratemporal equity are central to the examination of policy towards climate change. However, many discussions of intertemporal issues have been marred by serious analytical errors, particularly in applying standard approaches to discounting; the errors arise, in part, from paying insufficient attention to the magnitude of potential damages, and in part from overlooking problems with market information. Some of the philosophical concepts and principles of Paper 1 are applied to the analytics and ethics of pure-time discounting and (...) infinite-horizon models, providing helpful insights into orderings of welfare streams and obligations towards future generations. Such principles give little support for the idea of discrimination by date of birth. Intratemporal issues are central to problematic and slow-moving international discussions and are the second focus of this paper. A way forward is to cast the policy issues and analyses in a way that keeps equity issues central and embeds them in the challenge of fostering the dynamic transition to the low-carbon economy in both developed and developing countries. This avoids the trap of seeing issues primarily in terms of burden-sharing and zero-sum games – that leads to inaction and the most inequitable outcome of all. (shrink)

This paper focuses on the potential of “equitech”—AI technology that improves equity. Recently, interventions have been developed to reduce the harm of implicit bias, the automatic form of stereotype or prejudice that contributes to injustice. However, these interventions—some of which are assisted by AI-related technology—have significant limitations, including unintended negative consequences and general inefficacy. To overcome these limitations, we propose a two-dimensional framework to assess current AI-assisted interventions and explore promising new ones. We begin by using the case of (...) human resource recruitment as a focal point to show that existing approaches have exploited only a subset of the available solution space. We then demonstrate how our framework facilitates the discovery of new approaches. The first dimension of this framework helps us systematically consider the analytic information, intervention implementation, and modes of human-machine interaction made available by advancements in AI-related technology. The second dimension enables the identification and incorporation of insights from recent research on implicit bias intervention. We argue that a design strategy that combines complementary interventions can further enhance the effectiveness of interventions by targeting the various interacting cognitive systems that underlie implicit bias. We end with a discussion of how our cognitive interventions framework can have positive downstream effects for structural problems. (shrink)

AgeTech involves the use of emerging technologies to support the health, well-being and independent living of older adults. In this paper we focus on how AgeTech based on artificial intelligence (AI) may better support older adults to remain in their own living environment for longer, provide social connectedness, support wellbeing and mental health, and enable social participation. In order to assess and better understand the positive as well as negative outcomes of AI-based AgeTech, a critical analysis of ethical design, digital (...) equity, and policy pathways is required. A crucial question is how AI-based AgeTech may drive practical, equitable, and inclusive multilevel solutions to support healthy, active ageing. In our paper, we aim to show that a focus on equity is key for AI-based AgeTech if it is to realize its full potential. We propose that equity should not just be an extra benefit or minimum requirement, but the explicit aim of designing AI-based health tech. This means that social determinants that affect the use of or access to these technologies have to be addressed. We will explore how complexity management as a crucial element of AI-based AgeTech may potentially create and exacerbate social inequities by marginalising or ignoring social determinants. We identify bias, standardization, and access as main ethical issues in this context and subsequently, make recommendations as to how inequities that stem form AI-based AgeTech can be addressed. (shrink)

Pay equity is not only a manifestation of social behavior but also a reflection of gender attitude. In view of the close interactions between pay equity, gender attitude and cultural value, it is necessary to examine the social-psychological connotations behind the pay equity concept and to seek its theoretical basis and support at the philosophical level. By examining the main ideas in Chinese philosophy, this paper claims that traditional Chinese culture contains rich connotations related to the (...) pay equity concept and the pursuit of gender equality. These ideas can not only shape implicit nondiscriminatory gender attitudes but also inhibit the male superiority and intergroup prejudice through the self-regulation mechanism. The collision between traditional ideological insights and the modern pluralistic society will certainly promote the renewal of gender equity and concomitant changes in social attitude and employment behavior. (shrink)

The paper aims to analyze the scope of female leadership (deanship) at public and non-public law faculties in selected countries from the region of Central and Eastern Europe: Poland, Hungary, Czechia, Slovakia, Lithuania, Latvia, Estonia, Bulgaria, Romania, Slovenia, Croatia, Serbia, Kosovo, Bosnia and Hercegovina, Montenegro. The paper will explore the engagement of women in the administration of law schools operating within public (and non-public) schools (universities) across the region in the latest years. The paper aims to show the number of (...) female deanships at law faculties in the analyzed states. This analysis will be based on statistical data obtained from the available public sources (including national databases as well as the European Union resources) providing the number of female deans and vice-deans appointed or elected by the academia at all higher education institutions within the country. The initial hypothesis states that gender inequality has been present in the deanship of analyzed law schools and reflects general trends in gender equality in Europe. Comprehensive analysis of the central and eastern European states will allow formulating the key conclusions and answering the following research questions concerning the differences in the numbers of women on the key positions within the law faculties in terms of public versus non-public institutions and in the light of the general gender equality trends in the continent. The research methods used for the analysis include a dogmatic method, statistical method as well as comparative method. (shrink)

Luisa Capetillo has been heralded as the first feminist writer of Puerto Rico. She authored four books and embodied her emancipatory philosophical commitments, but has received scant philosophical attention. In this paper I recover the philosophy of Capetillo as part of a Latin American and Caribbean philosophical tradition centered on radical praxis places sexuality at the centerfold of class politics. At the intersection between gender equity and class emancipation Capetillo advocated for the liberatory possibilities of education, which served (...) as the key to unlearning the social norms that engendered the marginalization of working people and working women. (shrink)

Explores some steps toward non-assimilative encounters in the "global village.".

She was to a degree the tool of her husband. However, despite the fact she was under his influence to a degree she cannot escape if the Bank took all reasonable steps to ensure that she had appreciated and understood what she was signing. It may be that Mrs Wright-Bailey did not have an adequate comprehension of the nature of the charge... [E]ven if she did not, the Bank did take all reasonable steps.

Resumen El presente artículo busca responder dos preguntas: ¿por qué se produjo la desaparición de la noción de “fraternidad” de la discusión filosófica? y ¿qué relevancia puede tener hoy hablar de “fraternidad” en el ámbito filosófico? Hasta donde se conoce, es posible sostener que la noción de “fraternidad” fue relevante en el mundo de la Grecia clásica, porque ella es, bajo la perspectiva de la “amistad”, tratada por Aristóteles y por Cicerón. Por cierto, la fraternidad es un tema cardinal del (...) pensamiento cristiano-medieval y moderno; con todo, pareciera, inicialmente, que su asociación con el cristianismo llevó a la “fraternidad” a un cierto abandono en el ámbito filosófico, y a ser reemplazada por nociones como la “solidaridad” o la ya mencionada “equidad”. Una de las razones que explicaría la ausencia de la fraternidad sería el triunfo del socialismo científico, en desmedro de otras formas de socialismo, más cercano al cristianismo, como el denominado “socialismo fraterno”. Por otro lado, considero que un aporte significativo de la noción de “fraternidad”, particularmente en el momento que vivimos hoy, es que nos permite contraponerla a la noción de “competencia”. Por ello, en lugar de la competencia, es preferible, me parece, la “asociación” y la “cooperación” entre los seres humanos. Abstract This article seeks to answer two questions: why did the notion of “fraternity” disappear from philosophical discussion? And what relevance can talk of “fraternity” have today in the philosophical field? As far as is known, it is possible to maintain that the notion of "fraternity" was relevant in the world of classical Greece, because it is, from the perspective of "friendship", treated by Aristotle and Cicero. Incidentally, fraternity is a cardinal theme of medieval and modern Christian thought; However, it seems, initially, that its association with Christianity led "fraternity" to a certain abandonment in the philosophical field, and to be replaced by notions such as "solidarity" or the aforementioned "equity". One of the reasons that would explain the absence of fraternity would be the triumph of scientific socialism, to the detriment of other forms of socialism, closer to Christianity, such as the so-called "fraternal socialism". On the other hand, I consider that a significant contribution of the notion of "fraternity", particularly in the moment we live today, is that it allows us to oppose it to the notion of "competition". Therefore, instead of competition, it seems to me, "association" and "cooperation" between human beings is preferable. (shrink)

(2013). Hobbes's Account of Distributive Justice as Equity. British Journal for the History of Philosophy: Vol. 21, No. 1, pp. 13-33. doi: 10.1080/09608788.2012.689749.

The current debate on health care resource allocation in the Netherlands is characterized by a social context in which two values are generally and traditionally accepted as being equally fundamental: solidarity and equity. We will present an outline of the distinctive features of the Dutch health care system, and analyze the present state of affairs in the resource allocation debate. The presuppositions of the political call for constraint and (renewed) government supervision and the role of the specific value context (...) in recent proposals for reconstruction of the Dutch health care system will be evaluated. (shrink)

Records the main presentations of an international conference convened to identify the ethical concerns that need to be addressed as WHO renew its health for all policy for the 21st century. The meeting was attended by more than 150 experts in the fields of ethics, human rights, philosophy, medicine, and public health. Their contributions illustrate the many complex issues that need to be addressed when formulating global health policies for the future, particularly in view of striking recent changes in (...) health care, disease patterns, market forces, and political systems. The report opens with a description of the WHO policy framework for achieving four goals in the 21st century: attainment by all of health rights, achievement of global health equity, increase in healthy life expectancy, and access for all to essential quality health services. Against this background, the first section traces the evolution of bioethics to its present concern with the health of populations and identifies some of the most important inequalities that confront contemporary society. Papers in section two discuss key policy issues, including the definition of essential public health functions and their relationship to primary health care, ethical issues raised by the use of Disability-Adjusted Life Years (DALYs) to prioritize health resources, and the potential conflict between policies aimed at reaching vulnerable groups and those seeking to achieve aggregate health benefits. Ethical issues are discussed in subsequent sections, which explore policy implications at global, regional, and national levels. The remaining sections consider the actions needed to ensure that ethical analysis plays a role in the renewal of the health for all strategy and discuss some of the practical requirements for gaining commitment to equity as an essential public health goal for the 21st century. (shrink)

This is an examination of the significance of Gandhi's social philosophy for development. It is argued that, when seen in light of Gandhi's social philosophy, the concepts of appropriate technology and basic needs take on new meaning. The Gandhian approach can be identified with theoriginal "basic needs" strategy for international development. Gandhi's approach helps to provide greater equity, or "distributive justice," by promoting technology that is appropriate to "basic needs". Gandhi's social philosophy has been neglected by (...) most development specialists, with only a few exceptions. This analysis attempts to draw out some aspects of M.K. Gandhi's background and his thinking aboutswadeshi andswaraj. Gandhi's ideas, which emerged out of an "Indic" meta-cultural background, are based on an emphasis on equity. Gandhi's syncretic Indic background includes a belief in what Bateson, writing about Bali, Indonesia, has called the "steady state." Development activities should be carried out in a phased manner that does not disturb the beneficial aspects of dynamic equilibrium, but that does promote "positive development." A.T. is particularly useful within the context of a basic needs approach to international development because use of A.T. is probably more likely to lead to equitable growth. The "economic growth" strategy, utilizing "advanced technology" exclusively, has caused unemployment and has not led to effective "trickle down," much less "high mass consumption." In many developing countries the poorest 20% of the population are worse off in 1990 than they were in 1980. By making use of the "advantage of backwardness" and viewing development in terms of long-term impacts, a basic needs approach using A.T. is more likely to lead to a positive impact on third world food systems than a pure "economic growth" strategy. (shrink)

Managers and others have long debated the merits of different reward systems, such as piecework, hourly rates, bonuses, stock options, and the like. They have usually focused on the efficiency of these systems, but they have also had to consider their side effects on relationships, trust, and calls for fair treatment. Such debates local to every organisation play out the issues of rewards and equity in market-based societies as a whole. This paper examines the concept of equity in (...) the distribution of resources in a society of capitalists. It begins with a discussion of the nature of individual capitalism in modern societies. Then, using production and consumption as the two basic functions of a society, it presents a schema for analysing equity. It concludes with a suggestion for overcoming income inequity. (shrink)

This paper explores the symbolic and material implications of the use of DALYs and QALYs as priority or tie-breaker criteria in triage decisions. It aims to answer the question of their ethical permissibility based on the particular case of the COVID-19 pandemic. For this purpose, theories framed in a queer-crip perspective and ethical frameworks of equity will be used. From a queer-crip perspective, the use of DALYs and QALYs in triage decisions discriminates against and excludes people with disabilities, as (...) it allocates scarce resources based on ableist value judgments about people's quality of life, rather than on evidence. From the point of view of equity, it may imply and reinforce structural injustices involving inequities, that is, avoidable or remediable inequalities. This analysis will argue that the use of DALYs and QALYs categories in triage decisions allocates potentially life-saving resources based on ableist value judgments that lead to an unfair distribution of risks, burdens, and costs. Finally, two objections related to the relevance or necessity of using these or similar categories as criteria will be addressed: the independent cases of structural inequities and the inevitability of setting priorities in the face of a crisis. (shrink)

ABSTRACT:In this response, I reiterate my argument that price gouging undercuts the goal of equity in access to essential goods whereas Zwolinski emphasizes the importance of the efficient provision of essential goods above all other goals. I agree that the efficient provision of essential goods is important as I argue for the goal of equitable access to sufficient of the goods essential to living a minimally flourishing human life. However, efficiency is a means to this goal rather than the (...) end itself. Finally, I offer additional arguments against the non-worseness claim. (shrink)

Various indices are used to track poverty, development, and gender equity at the population level. Some of them—the UNDP’s Human and Gender-RelatedDevelopment Indices and the World Bank’s Poverty Index associated with the first Millennium Development Goal—have become highly influential. This paper argues that these prominent indices are deeply flawed and therefore distort our moral judgments and misguide resource allocations by governments, international agencies, and NGOs. Examination of these flaws reveals useful pointers toward developing better indices—though much interdisciplinary work will (...) be needed before sound and practicable indices are actually available. (shrink)

This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has (...) been neglected by the Common Law: 'Accountability Correspondence'. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose. (shrink)

Conscience rests within the heart of equity, yet it is a manifestly nebulous and contradictory concept. In particular, equity has never been clear about exactly whose conscience we are concerned with: the Chancellor or judge, or the court, or the defendant? Furthermore, in some lights conscience appears to compel obedience to the authority of law, whilst in others it gives expression to ethical drives that escape the formal strictures of legal rules. Contextualised within the broader history of ideas (...) of Western modernity, this article sets out to understand the rhetorical significance of conscience in equity, making the argument that its disparate and contradictory modes of expression do not undermine its significance, and instead are essential to its construction of juridical obligations. By invoking conscience as a contradictory expression of both vertical state authority and personal ethical autonomy, equity asserts not only a unique normative structure, but also a distinct mode of power. (shrink)

This article explains how the private equity-leveraged buyout type of financial institution (PE-LBO) operates as a form of finance capitalism. PE-LBO capitalism is described and compared with other types of capitalism such as family business capitalism, managerial capitalism, and other forms of finance capitalism such as shareholder value capitalism. Ethical and social issues structurally related to the PE-LBO form are analyzed. Potential reforms and/or solutions are considered.

This article explains how the private equity-leveraged buyout type of financial institution operates as a form of finance capitalism. PE-LBO capitalism is described and compared with other types of capitalism such as family business capitalism, managerial capitalism, and other forms of finance capitalism such as shareholder value capitalism. Ethical and social issues structurally related to the PE-LBO form are analyzed. Potential reforms and/or solutions are considered.

The recent publication of a special number of the SAJP dedicated to a discussion of Samantha Vice’s thoughts on being a white South African prompted this reflection on justice, equity and the modern idea of the state – against the background of moral feelings of guilt and shame, cultural diversity and merging identities. Its aim is to provide a perspective on the unity of the public legal order of the state, the distinct meaning of citizenship and affirmative action in (...) terms of the distinction between constitutive and regulative legal principles also helping white South Africans to understand how affirmative action relates to injustices of the past. The classical understanding of equity will play a key role in this discussion, aimed at showing how we can avoid the apparent impasse of equality before the law and of “fair discrimination.”. (shrink)

In this response, I reiterate my argument that price gouging undercuts the goal of equity in access to essential goods whereas Zwolinski emphasizes the importance of the efficient provision of essential goods above all other goals. I agree that the efficient provision of essential goods is important as I argue for the goal of equitable access to sufficient of the goods essential to living a minimally flourishing human life. However, efficiency is a means to this goal rather than the (...) end itself. Finally, I offer additional arguments against the non-worseness claim. (shrink)

Comparative political theory is at best an embryonic and marginalized endeavor. As practiced in most Western universities, the study of political theory generally involves a rehearsal of the canon of Western political thought from Plato to Marx. Only rarely are practitioners of political thought willing (and professionally encouraged) to transgress the canon and thereby the cultural boundaries of North America and Europe in the direction of genuine comparative investigation. Border Crossings presents an effort to remedy this situation, fully launching a (...) new era in political theory. Thirteen scholars from around the world examine the various political traditions of West, South, and East Asia and engage in a reflective cross-cultural discussion that belies the assumptions of an Asian "essence" and of an unbridgeable gulf between West and non-West. The denial of essential differences does not, however, amount to an endorsement of essential sameness. As viewed and as practiced by contributors to this ground-breaking volume, comparative political theorizing must steer a course between uniformity and radical separation--this is the path of "border crossings.". (shrink)