Does justice require that individuals get what they deserve? Serena Olsaretti brings together new essays by leading moral and political philosophers examining the relation between desert and justice; they also illuminate the nature of distributive justice, and the relationship between desert and other values, such as equality and responsibility.

Are inequalities of income created by the free market just? In this book Serena Olsaretti examines two main arguments that justify those inequalities: the first claims that they are just because they are deserved, and the second claims that they are just because they are what free individuals are entitled to. Both these arguments purport to show, in different ways, that giving responsible individuals their due requires that free market inequalities in incomes be allowed. Olsaretti argues, however, that neither (...) argument is successful, and shows that when we examine closely the principle of desert and the notions of liberty and choice invoked by defenders of the free market, it appears that a conception of justice that would accommodate these notions, far from supporting free market inequalities, calls for their elimination. Her book will be of interest to a wide range of readers in political philosophy, political theory and normative economics. (shrink)

This book is a philosophical analysis of the ethical treatment of refugees and stateless people, a group of people who, though extremely important politically, have been greatly under theorized philosophically. The limited philosophical discussion of refugees by philosophers focuses narrowly on the question of whether or not we, as members of Western states, have moral obligations to admit refugees into our countries. This book reframes this debate and shows why it is important to think ethically about people who will never (...) be resettled and who live for prolonged periods outside of all political communities. Parekh shows why philosophers ought to be concerned with ethical norms that will help stateless people mitigate the harms of statelessness even while they remain formally excluded from states. (shrink)

The compensatory desert argument is an argument that purports to justify inequalities in (some) incomes generated by a free labour market. It holds, first, that the principle of compensation is a principle of desert; second, that a distribution justified by a principle of desert is just; and third, that (some) rewards people reap on a free labour market are compensation for costs they incur. It concludes that therefore, a distribution of (some) rewards generated by a free labour market is just. (...) In this chapter I criticise the first two premises of this argument. I argue that the principle of compensation is not a principle of desert (sections 3 and 4), and that a distribution of deserved compensatory payments may be unjust (sections 5 and 6). Before developing my critique of the compensatory desert argument, I start by illustrating further that argument in the version of it which has been defended by Julian Lamont (section 1), and to dispel two objections that have been moved against the view that compensation is a principle of desert. (shrink)

The first issue of Artificial Intelligence and Law journal was published in 1992. This paper offers some commentaries on papers drawn from the Journal’s third decade. They indicate a major shift within Artificial Intelligence, both generally and in AI and Law: away from symbolic techniques to those based on Machine Learning approaches, especially those based on Natural Language texts rather than feature sets. Eight papers are discussed: two concern the management and use of documents available on the World Wide Web, (...) and six apply machine learning techniques to a variety of legal applications. (shrink)

_Hannah Arendt and the Challenge of Modernity_ explores the theme of human rights in the work of Hannah Arendt. Parekh argues that Arendt's contribution to this debate has been largely ignored because she does not speak in the same terms as contemporary theoreticians of human rights. Beginning by examining Arendt’s critique of human rights, and the concept of "a right to have rights" with which she contrasts the traditional understanding of human rights, Parekh goes on to analyze some of the (...) tensions and paradoxes within the modern conception of human rights that Arendt brings to light, arguing that Arendt’s perspective must be understood as phenomenological and grounded in a notion of intersubjectivity that she develops in her readings of Kant and Socrates. (shrink)

In this paper I will develop an investigation of mental illness in relation to errors of judgment. Even based on the rational/irrational opposition, during the 18 th century reason is seen appropriating madness, and not only whenever it classifies mental illnesses and develops special scientific knowledge about them. More importantly, madness lurks in the very workings of modern reason. And of course, it sneaks into the error of judgment, making all border between the two very thin. A case can then (...) be made for the complementarity between reason and madness. In this sense, madness finds a place in Kant's project, from its very foundations. Recognizing the finiteness of the human intellect and stating accordingly the need for an exact survey of its limits means at the same time recognizing the possibility of error in judgment and the danger that knowledge may turn into madness. Provided one is to accept the methodological assumption that there is a continuity between the _Transcendental Dialectic_ and the section of the _Anthropology_ on judgment and mental illness, a constellation of essential Kantian notions comes to the fore as underpinning the overall transcendental project. A picture unfolds based on which error can affect, at the very least, perception, imagination and judgment. Errors of judgment, illusions, and madness are thus never far apart in Kant's accounts on human faculties, their dialectical drifts, and the possibility of psychopathy. (shrink)

The method of philosophy. Introduction to part I -- Thought experiments -- Reflective equilibrium -- What is philosophy? Introduction to Part II and Part III -- The nature of the philosophical enterprise -- The nature of intuitive judgements -- Experimental philosophy. Empirical inquiries versus armchair investigations -- Against experimental philosophy.

Preferences are often thought to be relevant for well-being: respecting preferences, or satisfying them, contributes in some way to making people's lives go well for them. A crucial assumption that accompanies this conviction is that there is a normative standard that allows us to discriminate between preferences that do, and those that do not, contribute to well-being. The papers collected in this volume, written by moral philosophers and philosophers of economics, explore a number of central issues concerning the formulation of (...) such a normative standard. They examine what a defensible account of how preferences should be formed for them to contribute to well-being should look like; whether preferences are subject to requirements of rationality and what reasons we have to prefer certain things over others; and what the significance is, if any, of preferences that are arational or not conducive to well-being. (shrink)

The pharmaceutical industry plays an increasingly dominant role in healthcare, raising concerns about “conflicts of interest” on the part of the medical professionals who interact with the industry. However, there is considerable disagreement over the extent to which COI is a problem and how it should be managed. Participants in debates about COI have become entrenched in their views, which is both unproductive and deeply confusing for the majority of medical professionals trying to work in an increasingly commercialized environment. We (...) used a modified meta-narrative review method to analyse debates about COI in the academic and grey literature. We found two Discourse Models: The Critical Discourse Model sees COI in health and biomedicine as a major problem that both can and should be addressed, while the Defensive Discourse Model argues that current efforts to control COIs are at best unnecessary and at worst harmful. Each model is underpinned by profoundly differing views about how society should be organized—in particular whether market forces should be encouraged or curtailed—and how the dangers associated with market forces should be managed. In order to make any headway, academics and policymakers must recognize that these debates are underpinned by profoundly differing worldviews. (shrink)

Following Erika Fischer-Lichte’s notion of emergence as an unexpected phenome-non that questions the notion of agency, our aim is to investigate how dance emerges through movements that are spontaneous and yet learnt while not being reducible to a motor expertise. Through Hermann Schmitz’ theory of the felt body, and notions such as “kinaesthetic attention”, grace and “pure” presence, we will show how dance movements emerge from the mutual “affective” influence be-tween dancers and the surroundings thanks to dancers’ “pathic” state between (...) awareness and unconsciousness, laîcher prise and restraint. (shrink)

Name der Zeitschrift: Der Islam Jahrgang: 94 Heft: 1 Seiten: 279-283.

Drawing from extensive, eye-opening first-person accounts, No Refuge puts a spotlight on the millions of refugees worldwide who have to leave home but find nowhere to resettle. As political philosopher Serena Parekh argues, this is not just a problem for politicians. Citizens also have a moral duty to help resolve the global refugee crisis and to end the suffering and denial of human rights that refugee are forced to endure, often for years. While the media usually focus on the (...) challenges that Western states have with the arrival of large numbers of asylum seekers and refugees, the real problem is that millions are stuck in inhumane conditions in refugee camps and urban centers, with little chance of finding a more permanent solution. Grounded in powerful testimony from refugees and meticulous research on the conditions in which so many suffer worldwide, No Refuge shows why, as states but also as citizens, we cannot afford to wait any longer to end this crisis. (shrink)

This article explores the issue of jus contra bellum as a particular development within just war thought. At its heart, the jus contra bellum amounts to an attempt to apply the principles of jus in bello (discrimination and proportionality) in order to negate the jus ad bellum. This approach was rather prevalent throughout the Cold War era, as concerns over the prospective use of nuclear weapons facilitated an increasingly sceptical attitude towards the use of force. Whereas the vast majority of (...) just war thinkers have tended to overlook this phenomenon, James Turner Johnson has adeptly recognised the perils of jus contra bellum, and its rather disastrous implications for just war thought. In this respect, Johnson's analysis of this issue constitutes one of his most significant contributions to the tradition. However, as this article will suggest, his assessment of this approach, and consequent efforts to counter it, do not go far enough. As will be noted, the roots of the jus contra bellum can be traced to the prevailing structure of just war thought – a structure which has been consistently championed by virtually every just war thinker. (shrink)

This paper presents medieval Guelphism as an `ideological constellation', in which libertas played a prominent role, and argues that, because it was lumped together with references to the French dynasty and the Church, the ordinary concept of liberty in late medieval Italy needs to be understood within the context of partisan struggles. New studies on medieval factions in the fifteenth century support the idea that a concept of libertas derived from the Guelph tradition could fulfill surprisingly different ideological functions, particularly (...) when mobilized in debates and struggles concerning the nature of sovereignty. Pragmatic political documents, in fact, show that a libertas-empire, such as that of the Florentine republic, was by no means the dominant concept of liberty in Quattrocento Italy. (shrink)

Cabanis’ enucleation of the notion of instinct in his Rapports du physique et du moral de l’homme articulates through a critique of the use of this notion by Étienne Bonnot de Condillac, who would not have recognised the founding role of physiology in human perceptive and intellectual activity. An analysis of Cabanis’ criticism to Condillac and an investigation of the meaning attributed to the notion of instinct by both philosophers allow to individuate in this notion the expression of two different (...) types of materialism. The different position of Cabanis and Condillac on this notion, in fact, reflects the divergence on a series of notions – e.g. reflexion, sensitivity, habitus – which can be traced back to the different aims of their investigations. In addition to highlighting this basic divergence, this paper aims to bring out – especially referring to Condillac’s Logique – some points of contact, of which Cabanis seems not to have considered, concerning the conception of the human body as ‘organisation physique’. (shrink)

In its broadest sense, globalization refers to the economic, social, cultural, and political processes of integration that result from the expansion of transnational economic production, migration, communications, and technologies. This article outlines the ways in which predominantly Western feminist philosophers have articulated and addressed the challenges associated with its economic and political dimensions.

Xavier Le Roy’s performance Self-Unfinished is emblematic of how contemporary dance’s resistance to the submission of the body to a codified ideal body model manifests itself through the staging of bodies “beyond codes”, i.e., bodies that take surprising, sometimes even apparently “monstrous” shapes. The purpose of this article is to investigate the “monstrosity” of Self-Unfinished and to sketch out an analysis of it following Hermann Schmitz's theory of the Leib and Tonino Griffero’s account on atmospheres.

Raimond Gaita’s idea that love is the foundation for human rights is both plausible and startling. This paper aims at arguing this point of view by defining the concept of human rights in a philosophical key. Following an investigation on the foundations of human rights in modernity we reach the conclusion that human rights can have no solid, universal foundation within the modern ethos. This doesn’t mean that human rights are illegitimate: it’s exactly the struggle for human rights, the struggle (...) against a conclusion which seems unacceptable what is the most important feature of our dignity. (shrink)