Due Process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of the term. In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative and theoretical framework. In landmark decisions such as Ridge (...) v. Baldwin the courts in Britain and other parts of the Commonwealth have begun to recognize the importance of procedural fairness across a broad spectrum of official powers and decisions. Principles have begun to emerge, and yet the courts have not yet developed an approach which is entirely adequate to the task. In this timely book, the author traces the development of these principles within a framework which includes analysis and critique of legal developments in the major common law jurisdictions, and which relates these developments to similar ideas under both the European Convention on Human Rights and the American Constitution. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers with interests in public law, civil and criminal procedure, civil liberties, legal theory and comparative law. (shrink)

This paper examines the practice of covert medication administration from an organizational ethics perspective. This includes consideration of vulnerability and stigmatization, safety, and fairness in terms of the culture of health care organizations and the relevance of policies and processes in relation to covert medication administration. As much of the discussion about covert medication administration focuses on patients and health care providers, this analysis aims to help expand the analysis of this practice.

The inevitable need for rationing of healthcare has apparently presented the medical profession with the dilemma of choosing the lesser of two evils. Physicians appear to be obliged to adopt either an implausible version of traditional professional ethics or an equally problematic ethics of bedside rationing. The former requires unrestricted advocacy of patients but prompts distrust, moral hazard and unfairness. The latter commits physicians to rationing at the bedside; but it is bound to introduce unfair inequalities among patients and lack (...) of political accountability towards citizens. In this paper I shall argue that this dilemma is false, since a third intermediate alternative exists. This alternative, which I term 'administrative gatekeeping', makes it possible for physicians to be involved in rationing while at the same time being genuine advocates of their patients. According to this ideal, physicians are required to follow fair rules of rationing adopted at higher organizational levels within healthcare systems. At the same time, however, they are prohibited from including considerations of cost in their clinical decisions. (shrink)

Patients and physicians often perceive the current health care system to be unfair, in part because of the ways in which coverage decisions appear to be made. To address this problem the Ethical Force Program, a collaborative effort to create quality improvement tools for ethics in health care, has developed five content areas specifying ethical criteria for fair health care benefits design and administration. Each content area includes concrete recommendations and measurable expectations for performance improvement, which can be (...) used by those organizations involved in the design and administration of health benefits packages, such as purchasers, health plans, benefits consultants, and practitioner groups. (shrink)

Fairness preferences fundamentally affect individual behavior and play an important role in shaping social and political institutions. However, people differ both with respect to what they view as fair and with respect to how much weight they attach to fairness considerations. In this article, we study the role of family background in explaining these heterogeneities in fairness preferences. In particular, we examine how socioeconomic background relates to fairness views and to how people make trade-offs between fairness and self-interest. To (...) study this, we conducted an economic experiment with a representative sample of 14- to 15-year-old and matched the experimental data to administrative data on parental income and education. The participants made two distributive choices in the experiment. The first choice was to distribute money between themselves and another participant in a situation where there was no difference in merit. The second choice was to distribute money between two other participants with unequal merits. Our main finding is that there is a systematic difference in fairness view between children from low-socioceconomic status families and the rest of the participants; more than 50 percent of the participants from low-SES families are egalitarians, whereas only about 20 percent in the rest of the sample hold this fairness view. In contrast, we find no significant difference in the weight attached to fairness between children from different socioeconomic groups. (shrink)

As the only nation in the western world without a national health insurance program, the United States faces ongoing issues of access and fairness in health care coverage. The Clinton administration tried and failed to address the problem of universal coverage. Since then we have focused on the narrower, but nonetheless real, issues of fairness and equity in the benefits package provided in insurance plans. The LORAN Commission spent two years trying to devise agreed-upon principles to govern such issues. (...) The lesson learned was the same as that of the Ethics Force study: there was no possibility of getting agreement, let alone consensus, among the participants on how to decide what should be a covered benefit. There were, however, two generally agreed upon principles that emerged regarding health care: “Every individual should be treated alike,” and “When it comes to health, cost cannot be a consideration.” That formula translated into providing everyone with everything. The only certain outcome from such a policy would be fiscal insolvency and ultimately bankruptcy. (shrink)

The article presents the argument that administrative decision-making should be understood as devoted to balancing between conflicting interests of individuals or groups, usually when none of the affected parties has predefined legal rights that are relevant to the substantial content of the administrative decision. Administrative decisions often have a direct effect not only on human and civil rights issues, but also on matters bearing on the quality of life, living conditions, prices of regulated products, and the allocation of government funds. (...) Since the decision as to which interest should prevail in the conflict is a distributive one and has many possible answers, the role of administrative law is primarily to ensure that these decisions are made fairly, with due weight given to the conflicting interests of the various groups and individuals involved. With this as background, the article shows how the doctrines of positive administrative law are designed to meet the challenge of coping with conflicting interests in the administrative decision-making process, using such examples as the prohibitions against decision-makers’ conflicts of interest and the rules regarding interest representation and judicial review. In the second part, the article applies the interest perspective to the administrative decision-making process in order to analyze the highly extensive regulation of land resources in Israel. The analysis concentrates on the Israeli Supreme Court decision in one of the most controversial petitions brought before it: against administrative decisions on the development of formerly agricultural lands. (shrink)

This paper analyzes the possibilities and challenges of Fair Trade certification as a movement seeking to improve the well-being of small-scale coffee growers and coffee laborers in the global South. Six months of fieldwork was conducted in 2005–2006 to study the roles of a wide range of farmers, laborers, cooperative administrators, and export companies in Fair Trade coffee production and trade in Nicaragua. The results of our evaluation of the ability of Fair Trade to meet its objectives (...) indicate that Fair Trade’s opportunities to provide a significant price premium for participating farmers largely depend on world coffee prices in mainstream markets. While Fair Trade has promoted premiums for social development for participating producers and strengthened the institutional capacities of the cooperatives involved, its ability to enhance significantly the working conditions of hired coffee laborers remains limited. (shrink)

The doctrines of therapeutic nihilism and administrative nihilism are both based on the belief that the norms of activity are intrinsically linked to the structure of the body. Just as there is a vis medicatrix naturae in the individual organism, which renders any intervention of the therapist vain, there would be a vis medicatrix rei publicae in the social body, which makes the intervention of the legislator in economic life pointless and even dangerous. However, such a symmetry is not quite (...) as clear as it appears at first. It has also been upheld that the real parallel is not between therapeutic and administrative nihilism, but between therapeutic nihilism and statism. In this view, government is less comparable to a therapist than to the nervous system, and just as a well regulated organism is a one with an extensive nervous system, a well regulated society is one with a strong State.We intend to retrace the historical origin of these two schemas of correspondence, which has his roots in the celebrated controversy in the 1870’s between Herbert Spencer and Thomas Henry Huxley. We examine the causes of this apparent paradox, which sometimes views the doctrine of administrative nihilism, and sometimes the opposing doctrine of statism, as being the equivalent in politics of therapeutic nihilism in medicine. In our opinion, an important part of the explanation must be sought in the variations of the field of extension, which is implicitly given to the concept of vis medicatrix, or –as we now usually call this notion– that of Self-regulation. (shrink)

It is good for people to understand their insurance coverage and the reasoning that has shaped it, to be able to contribute their two cents if they want to, and to know that their plan has at least attempted to make decisons that are consistent, fair and compassionate. It is also good for them to be told that attention to cost is ethically required. Nevertheless, while following the recommendations of Wynia et al (2004) might make benefits design and (...) class='Hi'>administration appear more fair, it will not do as much as they suggest for them to be more fair. (shrink)

To promote ethical practices, healthcare managers must understand the ethical challenges encountered by key stakeholders. To characterize ethical challenges in Veterans Administration (VA) facilities from the perspectives of managers, clinicians, patients, and ethics consultants. We conducted focus groups with patients (n = 32) and managers (n = 38); semi-structured interviews with managers (n = 31), clinicians (n = 55), and ethics committee chairpersons (n = 21). Data were analyzed using content analysis. Managers reported that the greatest ethical challenge was (...) fairly distributing resources across programs and services, whereas clinicians identified the effect of resource constraints on patient care. Ethics committee chairpersons identified end-of-life care as the greatest ethical challenge, whereas patients identified obtaining fair, respectful, and caring treatment. Perspectives on ethical challenges varied depending on the respondent's role. Understanding these differences can help managers take practical steps to address these challenges. Further, ethics committees seemingly, are not addressing the range of ethical challenges within their institutions. (shrink)

Demander une assistance médicale à la procréation, recourir à l'avortement pour des raisons diverses, contrôler après coup une conduite sexuelle à risque par une pilule du lendemain, et bientôt peut-être exiger d'être euthanasié : depuis que l'État s'est engagé dans un processus de dépénalisation de ces pratiques médicales, on peut aujourd'hui faire beaucoup de choses de son propre corps quand il s'agit du début ou de la fin de vie. Cette liberté s'exerce néanmoins à une condition, toujours la même : (...) se présenter devant un médecin. Et que vous demande ce médecin? Presque rien, semble-t-il. Il vous demande de vous asseoir et de parler de votre état, de votre demande. Bref, de ce qui vous amène là. C'est ce " presque rien " dont il est question dans cet ouvrage. Un " presque rien " qui révèle, en réalité, un nouveau système de surveillance dans lequel le médecin prodigue informations et conseils à un sujet jugé désormais capable de prendre seul des décisions souveraines en matière de vie et de mort. Un face-à-face où apparaît le malaise de ceux qui assument la délicate mission de recueillir l'expression du désir ou de la détresse. À partir d'une longue enquête dans le secret des cabinets médicaux, l'auteur explique comment la régulation juridique a laissé place à des formes de pouvoir beaucoup plus sophistiquées, un dispositif souple de gouvernement des conduites qui laisse toute sa place à l'autocontrôle et à l'intériorisation par les individus des normes sociales. Elle montre ainsi comment, du cabinet du praticien jusqu'au Comité consultatif national d'éthique, c'est une nouvelle administration du vivant qui se met en place. (shrink)

Michael Goldhaber, who popularized the term the attention economy, said of the US Capitol insurrection: “It felt like an expression of a world in which everyone is desperately seeking their own audience and fracturing reality in the process. I only see that accelerating.” If we don’t do something about this, American democracy may not survive. For when there is no longer any common ground of evidence and reason, history shows that misinformation will eventually overwhelm public discourse and authoritarianism can take (...) over. That is precisely what dictators across the world gleefully anticipate will happen in the US. The Biden administration could combat this by establishing a digital fairness doctrine for the twenty-first century. This would not mean setting up a government agency as the arbiter of truth. The purpose of such a doctrine is simply to preserve the possibility of a functioning national discourse on critical issues of public interest. It would not run afoul of First Amendment free speech guarantees, given that it would do nothing to block speech itself. In fact, it would expand and enrich national conversations, by preventing echo chambers prone to systematic bias. (shrink)

In this chapter I focus on two problems facing immigration systems around the world, and Australia in particular. The topics addressed are chosen because each one involves important fundamental rights and because significant improvement in these areas is possible even if each state acts alone, without significant coordination with others. First, I examine refugee programmes, focussing specifically on the ‘two- tier’ refugee programmes pioneered by Australia with the introduction of Temporary Protection Visas by the Howard Government in 1999. Next, I (...) look at recent declines in refugee resettlement schemes from already stingy levels and, in relation to Australia in particular, I show how the tying of resettlement numbers to the number of affirmative asylum claims granted is both wrong- headed and counterproductive. The second area of immigration policy explored is family migration, another area where immigration systems around the world have been moving in the wrong direction, often via less than transparent administrative processes. Australia is no exception. While Australia’s family migration system is reasonably good on its face, in practice there are several factors which make the programme significantly less than satisfactory from the perspective of protecting the basic rights of migrants and, arguably more importantly, citizens. These problems can and should be fixed in straightforward ways, and since doing so would be more just, would have few— if any— significant negative consequences, and in fact would have a number of clear benefits, those changes should be made. (shrink)

Ethics is an attempt to guide human conduct and it is also an attempt to help man in leading good life by applying moral principles. Ethics refers to well based standards of right and wrong that prescribe what humans ought to do, usually in terms of rights, obligations, benefits to society, fairness, or specific virtues. Ethics is related to issues of propriety, rightness and wrongness. What is right is ethical and what is wrong is unethical. Value is an important conception (...) in ethical discussion. Values relate to the norms of a culture, but they are more global and abstract than norms. In certain cultures norms reflect the values of respect and support of friends and family. Different cultures reflect different values. Over the last three decades, traditional-age college students have shown an increased interest in personal well-being and a decreased interest in the welfare of others. Recently, the department of personnel and training has decided to change the pattern of the Civil Services Examination by stressing more on general studies and aptitude skills. A notification has been issued is this regard. From this year the Civil Services (Mains) will also have a separate paper on “ethics, integrity and aptitude”. The notification for the 2013 exam said the “paper (on ethics, integrity and aptitude) will include questions to test the candidate’s attitude and approach to issues relating to integrity, probity in public life and his problem-solving approach to various issues and conflicts in dealing with society”. There are six major sections (i) Ethics and Human Interfaith, (ii) Attitude, (iii) Emotional Intelligence, (iv) Contributions of Moral thinkers and philosophers of India and World, (v) Public/Civil Service Values and Ethics in Public Administration and (vi) Probity in Governance. In this paper an attempt is made to describe the values needed in public service sector and ethical principles might use in public administration and related to the V section of this syllabus. (shrink)

The relationship between Canadian administrative law and the Canadian Charter of Rights and Freedoms is complex and still unfolding. If a decision touches a Charter right, frontline decision-makers and reviewing courts alike determine the requirements of legality using the Charter, administrative law principles, or some combination of the two. There is an emerging consensus that the Charter does not replace the common law, but rather embodies and supplements fundamental legal principles contained within it.This chapter sets out various ways in which (...) judicial review at common law has influenced understandings of the Charter, as well as the manner in which the Charter has influenced review of administrative decisions when a Charter right is clearly at stake. The influence runs in both directions, and has significant implications for judicial review of both the procedure and substance of administrative action. In the realm of procedure, the courts rely on the common law doctrine of procedural fairness to interpret the principles of fundamental justice set out in s. 7 of the Charter. However, when courts review the substance rather than the procedural aspects of a decision that engages a Charter right, they tend to review the decision using the analytical framework developed in R. v. Oakes for testing the validity of legislation. Taken together, these general features of the relationship between Charter jurisprudence and administrative law suggest that each is porous and open-textured to the other. Put another way, the relationship between the Charter and administrative law exhibits a cross-fertilization of principles and approaches which inform judicial review of administrative action. (shrink)

Although not always termed “organizational justice,” the fairness of organizations has been a consistent concern of management thinkers. A review of the 1900–1965 time period indicates that management theorists primarily conceptualized organizational justice in utilitarian terms, although each theory emphasized distributive and procedural justice to different degrees. There is clearly a need for contemporary scholars to consider non-economic rationales for organizational justice, but the willingness of earlier scholars to make utilitarian arguments about organizational justice and productive efficiency helped legitimize the (...) idea of fairness in organizations as an arbiter of value. Further, each theory tempered absolute managerial autonomy with some inherent check thereon. Researchers interested in organizational justice should therefore take a historical perspective in considering how management theory includes consideration of justice-related concerns. (shrink)

Due to constraints on institutional capacity and financial resources, the road to universal health coverage (UHC) involves difficult policy choices. To assist with these choices, scholars and policy makers have done extensive work on criteria to assess the substantive fairness of health financing policies: their impact on the distribution of rights, duties, benefits and burdens on the path towards UHC. However, less attention has been paid to the procedural fairness of health financing decisions. The Accountability for Reasonableness Framework (A4R), which (...) is widely applied to assess procedural fairness, has primarily been used in priority-setting for purchasing decisions, with revenue mobilization and pooling receiving limited attention. Furthermore, the sufficiency of the A4R framework’s four criteria (publicity, relevance, revisions and appeals, and enforcement) has been questioned. Moreover, research in political theory and public administration (including deliberative democracy), public finance, environmental management, psychology, and health financing has examined the key features of procedural fairness, but these insights have not been synthesized into a comprehensive set of criteria for fair decision-making processes in health financing. A systematic study of how these criteria have been applied in decision-making situations related to health financing and in other areas is also lacking. This paper addresses these gaps through a scoping review. It argues that the literature across many disciplines can be synthesized into 10 core criteria with common philosophical foundations. These go beyond A4R and encompass equality, impartiality, consistency over time, reason-giving, transparency, accuracy of information, participation, inclusiveness, revisability and enforcement. These criteria can be used to evaluate and guide decision-making processes for financing UHC across different country income levels and health financing arrangements. The review also presents examples of how these criteria have been applied to decisions in health financing and other sectors. (shrink)

The notion of competition depicted in sport literature appears to be inconsistent with the goals of current European soccer competitions. This paper examines two misconceptions of fair competition which are prevalent in these competitions. First, it aims at refuting the view that professional soccer only requires some basic equality of chances beyond the differences in players’ skills and managers’ knowledge of game strategy. In other words, it refutes the view that professional soccer only demands a notion of fair (...) competition understood as fair play. Second, the paper also aims at refuting the view that fair competition, in professional soccer, is simply a matter of financial viability. Hence, it calls for both genuine legal and ethical reforms, since professional soccer competition requires a notion of equality as both a goal and a right. Such a notion, we argue, must conceive of the differences in players’ skills and managers’ knowledge of game strategy as one of the primary factors in establishing a platform founded in fair competition. Therefore, this paper calls for a radical change of attitude toward or a radical approach to fair competition among European sport fans, policy-makers, and administrators. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific (...) changes in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

Summary Descriptions of the administration of imperial domains in Africa Proconsularis share much common ground in their interpretations. The literature features a widespread emphasis on the special role of the governments of Trajan and Hadrian in reorganising the imperial domains in this province – and especially in the Bagradas Valley, which has furnished us with exceptional epigraphic material in the form of agrarian inscriptions. While the 2nd-century administrative operations of imperial domains are fairly well understood – mainly due to (...) this category of inscriptions – the 1st century remains something of a mystery. Researchers have dated the beginning of fundamental changes to how domain administration was organised to the times of the Flavians, after the great confiscations of Nero. However, a re-interpretation of a procuratorial title from CIL VIII 14727 = ILPBardo 229 and a broader analysis of the epigraphic material shed new light on the beginnings of the administration of imperial domains in Africa Proconsularis, and especially in the grain-growing region of Byzacium; there, perhaps even in the mid-1st century, there was an imperial administration and a domain district modelled after another grain province of Egypt. (shrink)

Consumer concern for “ethical products”, or ethical aspects of the goods which they purchase, is a subject of increasing interest and research,which is here illustrated by an examination of the Fair Trade movement, with special reference to coffee as an indicative commodity. Kate Bird, is currently Lecturer in the Development Administration Group, School of Public Policy, Birmingham University, Birmingham B15 2TT, England, having previously worked abroad and written her MSc dissertation at Wye College on fair trade in (...) coffee products. Dr Hughest holds the Sainsbury Chair in Agribusiness and Food Marketing at Wye College, University of London, Wye, Ashford, Kent TN25 5AH, England (email: [email protected]), where he is also Director of the Food Industry Management Group. He has wide international experience of food management issues. (shrink)

This article offers a case study of labor relations in a higher education setting. The University of Bridgeport's faculty union was certified in May 1973 and decertified in August 1992. Contract negotiation disputes centered on shared governance, managing faculty reductions during a time of inflation and declining enrollments, and determining fair wages. The private university experienced four faculty strikes, culminating in a two-year faculty strike – the longest in U.S. higher education history. The university was also the first institution (...) of higher education in the United States to hire permanent replacement faculty during a strike. In 1990, leaders of the locked-out striking faculty unsuccessfully lobbied for a state government takeover of the nearly bankrupt university. The case study highlights a plethora of complex ethical issues faced by administrators, faculty, and unions during times of economic decline. (shrink)

This paper examines the relationship between the university and fair trade coffee campaigns in North America. In recent years, fair trade coffee sales internationally have increased substantially but have still not grown large enough to meet the needs of fair trade producers in the South. In consequence, fair trade activists have sought to expand the market by pressuring public institutions to adopt fair trade purchasing policies. In North America, the university has emerged as a central (...) focus of fair trade coffee campaigns. Thus far, university administrators have been reluctant to support fair trade. This paper explores this reluctance and asserts that the university has a moral responsibility to support fair trade. However, it also argues that the potential exists for administrators to employ fair trade as an ethical fig leaf to mask the growing corporatization of the university under the weight of neoliberal reforms. This has become a common strategy of many neoliberal institutions in the North. Contrary to the assumptions of much of the emerging literature, it cannot be assumed that the impact of fair trade will necessarily be beneficial in the North unless activists work to ensure fair trade does not become employed as an ethical fig leaf. (shrink)

In response to the COVID-19 pandemic, Korean society has sought to vaccinate most of its population. Consequently, the Korean government has attempted to make vaccination compulsory by promoting awareness of its benefits. The administration has pushed for mandatory vaccination by claiming that vaccination is more beneficial than harmful, based on a utilitarian view. However, this view is difficult to justify based on the two levels of utilitarianism presented by R. M. Hare. Compulsory vaccination cannot satisfy the universalizability, nor the (...) satisfaction of preference, and exposes the difficulties of utilitarianism. In addition, mandatory vaccination is difficult to justify based on the perspective of fairness theory, that is, “justice as the fairness” of John Rawls and H. L. A. Hart’s principle of fairness. From the point of view of Hare’s utilitarianism and fairness theory, it has been shown that mandatory vaccination is not easily justified. In reality, the power of the state continues to strengthen, and we should examine this situation from a critical point of view. (shrink)

To promote ethical practices, healthcare managers must understand the ethical challenges encountered by key stakeholders. To characterize ethical challenges in Veterans Administration facilities from the perspectives of managers, clinicians, patients, and ethics consultants. We conducted focus groups with patients and managers ; semi-structured interviews with managers, clinicians, and ethics committee chairpersons. Data were analyzed using content analysis. Managers reported that the greatest ethical challenge was fairly distributing resources across programs and services, whereas clinicians identified the effect of resource constraints (...) on patient care. Ethics committee chairpersons identified end-of-life care as the greatest ethical challenge, whereas patients identified obtaining fair, respectful, and caring treatment. Perspectives on ethical challenges varied depending on the respondent's role. Understanding these differences can help managers take practical steps to address these challenges. Further, ethics committees seemingly, are not addressing the range of ethical challenges within their institutions. (shrink)

Consumer concern for “ethical products”, or ethical aspects of the goods which they purchase, is a subject of increasing interest and research,which is here illustrated by an examination of the Fair Trade movement, with special reference to coffee as an indicative commodity. Kate Bird, is currently Lecturer in the Development Administration Group, School of Public Policy, Birmingham University, Birmingham B15 2TT, England, having previously worked abroad and written her MSc dissertation at Wye College on fair trade in (...) coffee products. Dr Hughest holds the Sainsbury Chair in Agribusiness and Food Marketing at Wye College, University of London, Wye, Ashford, Kent TN25 5AH, England (email: [email protected]), where he is also Director of the Food Industry Management Group. He has wide international experience of food management issues. (shrink)

Objectives: To describe the concerns and priorities of key stakeholders in a developing country regarding ethical obligations held by researchers and perceptions of equity or “what is fair” for study participants in an HIV/AIDS clinical drug trial. Design: Qualitative study with focus groups. Setting: Teaching and referral hospital and rural health centre in western Kenya. Participants: Potential HIV/AIDS clinical trial participants, clinician researchers, and administrators. Results: Eighty nine individuals participated in a total of 11 focus groups over a four (...) month period. The desire for continued drug therapy, most often life long, following an HIV/AIDS clinical trial was the most common priority expressed in all focus groups. Patients with and without HIV/AIDS also thought subsidisation of drug therapies and education were critical forms of compensation for clinical trial participation. Financial incentives were considered important primarily for purchasing drug therapy as well as obtaining food. Patients noted a concern for the potential mismanagement of any money offered. Clinician researchers and administrators felt strongly that researchers have a moral obligation to participants following a trial to provide continued drug therapy, adverse event monitoring, and primary care. Finally, clinician researchers and administrators stressed the need for thorough informed consent to avoid coercion of study participants. Conclusions: Kenyan patients, clinician researchers, and administrators believe that it would be unfair to stop antiretroviral therapy following an HIV/AIDS clinical trial and that researchers have a long term obligation to participants. (shrink)

This paper emplaces arguments about affirmative action today inside a history of racial harms inflicted by public policy during the last heyday of southern power in Congress in the 1930s and 1940s. Showing how social programs utilized occupational exclusions and administrative decentralization to protect the Jim Crow racial order, it argues that assertive remedies can be found that connect the ambitions for affirmative action announced by President Lyndon Johnson at Howard University in 1965 with the principles enunciated by Justice Lewis (...) Powell in the Baake case in 1978. (shrink)

When the Mamluk Sultan Qalawun (1279-1290) moves to Syria with her army to fight the Mongols, martial law is declared in Egypt. Kalavun's son as heir Salih Ali in Egypt, published to Zaynaddin Ketboğa a tazkire that dated April-1281 containing the martial law decisions. Tezkire talks about the duties and responsibilities of administrators in the context of state-security-service. These decisions are important state affairs in the flow of daily life such as the judiciary, law, justice, security, transportation, service, trade, land, (...) fair tax system, control of civil servants and state affairs. In addition, the healthy living conditions of the detainees, It also includes issues such as meeting the needs of the detainees such as churches and baths. Tazkire decisions aiming to ensure the flow of daily life in Egypt during wartime without causing a possible instability are always valid state policies aiming at state order and social welfare. In our article, we will talk about this tezkire, which was narrated as a full text by İbnü'l-Furât (d. 1405) and Kalkaşendî (d. 1418). (shrink)

Patients and physicians often perceive the current health care system to be unfair, in part because of the ways in which coverage decisions appear to be made. To address this problem the Ethical Force Program, a collaborative effort to create quality improvement tools for ethics in health care, has developed five content areas specifying ethical criteria for fair health care benefits design and administration. Each content area includes concrete recommendations and measurable expectations for performance improvement, which can be (...) used by those organizations involved in the design and administration of health benefits packages, such as purchasers, health plans, benefits consultants, and practitioner groups. (shrink)

Les rédacteurs du Code pénal, lorsqu'ils ont décrit l'élément matériel des crimes et des délits, ont pris grand soin de distinguer entre l'omission et la commission punissables, et les juges s'interdisent scrupuleusement de les confondre, même quand elles ont le même résultat dommageable. Pourtant, les personnes investies d'une autorité publique ou privée sont, par la jurisprudence, rendues responsables d'un grand nombre de délits commis sous leur autorité, par le seul motif qu'elles n'ont pas mis tout en oeuvre pour les empêcher. (...) Cet article explique l'origine historique de ce paradoxe. La responsabilité des décideurs était primitivement confinée à la matière des contraventions, conçues comme des violations de règles de police administrative, et sanctionnées de peines faibles précisément dites "de police". Les lois modernes ont peu à peu détruit la spécificité des contraventions et leur lien avec la police administrative. Le mode d'imputation jadis caractéristique des contraventions est passé dans la matière des délits et concerne tous ceux dont l'élément moral est fait d'une intention faiblement caractérisée ou d'une imprudence. (shrink)

The increasing use of algorithms in allocating resources and services in both private industry and public administration has sparked discussions about their consequences for inequality and fairness in contemporary societies. Previous research has shown that the use of automated decision-making (ADM) tools in high-stakes scenarios like the legal justice system might lead to adverse societal outcomes, such as systematic discrimination. Scholars have since proposed a variety of metrics to counteract and mitigate biases in ADM processes. While these metrics focus (...) on technical fairness notions, they do not consider how members of the public, as most affected subjects by algorithmic decisions, perceive fairness in ADM. To shed light on subjective fairness perceptions of individuals, this study analyzes individuals’ answers to open-ended fairness questions about hypothetical ADM scenarios that were embedded in the German Internet Panel (Wave 54, July 2021), a probability-based longitudinal online survey. Respondents evaluated the fairness of vignettes describing the use of ADM tools across different contexts. Subsequently, they explained their fairness evaluation providing a textual answer. Using qualitative content analysis, we inductively coded those answers (_N_ = 3697). Based on their individual understanding of fairness, respondents addressed a wide range of aspects related to fairness in ADM which is reflected in the 23 codes we identified. We subsumed those codes under four overarching themes: _Human elements in decision-making_, _Shortcomings of the data_, _Social impact of AI_, and _Properties of AI_. Our codes and themes provide a valuable resource for understanding which factors influence public fairness perceptions about ADM. (shrink)

Cet article examine la relation entre deux thèses de Hegel : une thèse pragmatiste et une thèse idéaliste. La thèse pragmatiste est que l'usage des concepts en détermine le contenu, ou autrement dit, que les concepts n'ont pas d'autre contenu que celui qui leur est conféré par l'usage. La thèse idéaliste est que la structure et l'unité du concept sont identiques à la structure et à l'unité du Soi. La thèse principale de cet article est que la thèse idéaliste est (...) pour Hegel une manière de rendre la thèse pragmatiste acceptable, dans le contexte de son usage du modèle de la reconnaissance réciproque pour articuler une conception de l'autonomie qu'on peut faire remonter à Rousseau et Kant. Des moments réciproques d'indépendance et de dépendance sont reliés selon le modèle sous-jacent de la synthèse de la substance sociale et des Sois conscients-de-soi par la reconnaissance mutuelle, et interagissent dans trois dimensions : sociale, inférentielle et historique.The paper discusses the relationship between one pragmatist thesis and one idealist thesis in Hegel's thought. The pragmatist thesis is that the use of concepts determines their content, that is, that concepts can have no content apart from that conferred on them by their use. The idealist thesis is that the structure and unity of the concept is the same as the structure and unity of the self. The main claim of the paper is that the idealist thesis is Hegel's way of making the pragmatist thesis workable, in the context of his use of the model of reciprocal recognition to articulate a conception of autonomy that is recognizably a descendent of Rousseau's and Kant's. Reciprocal moments of independence and dependence , related as in the underlying model of the synthesis of social substance and self-conscious selves by mutual recognition, interact along three dimensions: social, inferential, and historical. (shrink)

This paper looks at some of the ethical concerns regarding a recent application to the U.S. Food and Drug Administration for approval of the sale of HIV tests over-the-counter directly to consumers. The concept of at-home HIV testing is not new, but OraSure Technologies Inc., a U.S. manufacturer of rapid HIV tests, is now seeking FDA approval to take at-home testing one step further to enable consumers to test themselves and interpret the results without the assistance of an outside (...) party. This paper reviews some of the purported benefits and potential risks of at-home HIV testing, and looks at the way one Canadian company is attempting to address the potential risks. In doing so, this paper brings to the fore concerns regarding corporate involvement in the regulatory approval of biotech products. (shrink)

A thoughtful and well-designed institutional response to a whistleblower starts long before a problem ever arises. Important elements include efforts by the institution’s leaders to cultivate an ethical environment, provide clear and fair personnel policies, support internal systems for resolving complaints and grievances, and be willing to address problems when they are revealed. While many institutions have well-developed procedures for handling formal grievances, systems for handling complaints at their earliest stages usually receive less attention. This article focuses on systemic (...) elements necessary for cultivating an ethical environment, good practices in responding to complaints, and the role those practices can play in preventing a confrontation with a whistleblower. (shrink)

This paper looks at some of the ethical concerns regarding a recent application to the U.S. Food and Drug Administration (FDA) for approval of the sale of HIV tests over-the-counter (OTC) directly to consumers. The concept of at-home HIV testing is not new, but OraSure Technologies Inc., a U.S. manufacturer of rapid HIV tests, is now seeking FDA approval to take at-home testing one step further to enable consumers to test themselves and interpret the results without the assistance of (...) an outside party. This paper reviews some of the purported benefits and potential risks of at-home HIV testing, and looks at the way one Canadian company is attempting to address the potential risks. In doing so, this paper brings to the fore concerns regarding corporate involvement in the regulatory approval of biotech products. (shrink)

'The many virtues of Constitutional Justice are evident throughout the piece. The author should be congratulated for even attempting to construct a normative theory of liberal constitutionalism... Constitutional Justice is a work that faithfully carries on the grand tradition of normative legal thought. No small task, and Allan succeeds admirably.' -Law and Politics Book ReviewThis book offers a systematic interpretation of the ideal of the rule of law, arguing that the principles it identifies provide the foundations of a liberal democratic (...) legal order. It explains the essential connections between a range of matters fundamental to the relationship between citizen and state, including freedoms of speech and conscience, civil disobedience, procedural fairness, administrative justice, the right of silence, and equal protection or equality before the law. The principles of public law are interpreted in the light of liberal legal and political philosophy.Readership: Scholars and students of law, philosophy, and politics. (shrink)

Human Research Ethics Committee (HREC) reviewers often provide similar feedback across applications, which suggests that the problem lies in researcher awareness of key issues rather than novel, unsolvable challenges. If common problems can be addressed before lodgement by applicants referencing clear evidence-based supports (e.g., FAQs on common application shortcomings), it would improve efficiency for HREC members and expedite approvals. We aim to inform such supports by analysing the patterns in the most frequent feedback made by HREC members during review processes. (...) We collected every instance (N = 4,195) of feedback made on N = 197 ‘low-risk’ protocols by all HREC staff (N = 16) at one institution over the course of a full year (2019). Reflexive thematic analysis to identify themes (and content analysis to determine relative frequency) revealed that the top three themes are consistent with existing literature: Consent, Administrative, and Methodological concerns. However, we identified important new themes that are not captured in previous research, including ‘Risk to Researchers’, ‘Commercial benefit, scope and scale’, ‘Diversity’ (covering issues of cultural sensitivity, language and accessibility), as well as fair right to a complaints process. Our thorough exploration of information-rich primary data marks an important methodological improvement over previous studies and offers a theoretical contribution to understanding themes that have heretofore been overlooked in the ethics review process. By identifying the common challenges experienced in HREC review we can better inform tailored supports to applicants (by extension reducing workload burdens on HREC systems) and reduce their perceived barriers to engaging in challenging but meaningful research. (shrink)

Professor Raymond Wacks breaks down the leading theories of justice and illustrates how present-day challenges, like terrorism and migration, affect our fundamental notions of fairness and democratic freedoms.

Many studies have emphasized the importance of medical, insurance, and workplace systems treating individuals fairly in work disability prevention and return-to-work. However, ethical theories and perspectives from these different systems are rarely discussed in relation to each other, even though in practice these systems constantly interact. This paper explores ethical theories and perspectives that may apply to the WDP–RTW field, and discusses these in relation to perspectives attributed to dominant stakeholders in this field, and to potential differences in different jurisdictional (...) contexts. Literature was sought primarily in biomedical ethics, business ethics, and public administration ethics. In biomedical ethics, four ethical principles are dominant: autonomy, beneficence, nonmalevolence, and justice. Business ethics involve theories on Corporate Social Responsibility, social contracts, and organizational justice. Public administration ethics focus on constitutional theory, citizenship, social equity, virtue, and public interest. Several concepts were identified as relevant for ethical analyses in the WDP–RTW field, including justice; individual autonomy; nonmalevolence; economic and social responsibility; and social contracts. These concepts provide a vocabulary that may be used to analyze stakeholders’ actions and interactions in RTW processes. It was also noted how the power balance between stakeholders will influence which ethical perspectives will influence RTW. Jurisdictional differences that influence RTW processes with regard to stakeholder responsibilities were identified, as well as varying beliefs as to who is the client in different compensation systems. A social contractual approach may inform an analysis of cultural and legal differences. (shrink)

This chapter first outlines the general evolution of the European Union's (EU) decision‐making regime. The pattern of EU decision making has traditionally varied across policy fields to a degree that is unknown in the national constitutional law of its member states, where laws and administrative rules are usually made according to fairly standard procedures covering all policy areas. Such policy‐related variation has been a constant feature throughout the history of European integration. The chapter then examines EU legislative decision making, and (...) reviews administrative rule making by the EU institutions. The chapter then describes other relevant forms of decision making in the European Union. Finally, it shows how successive revisions of the European treaties such as Single European Act, Treaty of Maastricht, Treaty of Amsterdam, Treaty of Nice, and Treaty of Lisbon have incrementally modified the decision‐making regime of the European Union. (shrink)

Cheating is fairly commonplace at both Tiers 1 and 2 AACSB accredited business schools. Distinct differences exist between Tiers 1 and 2 students with regard to cheating. Tier 1 students are more likely to cheat on written assignments, they believe sanctions impact cheating, and that a stigma is attached to cheating. Tier 2 students are more likely to cheat on exams, and nearly as likely to cheat on written assignments. Tier 2 students accept the notion that moral and ethical people (...) cheat. Tier 2 students who are Business Administration majors, those who are employed 40 h or more per week, married students, and married students with children are more likely to cheat. At both Tiers 1 and 2 schools Asian students are less likely to cheat, but resident members of fraternities and sororities and those who drink frequently are more likely to cheat. (shrink)

In their role as political actors and lobbyists, corporations have responsibilities to help determine the existence and content of global regulations of pollutants. The ethical nature of those responsibilities is highly sensitive to the assumed normative framework. This paper compares several frameworks by modeling them as differently weighted versions of utilitarianism. Under a strict neoclassical approach, corporations have a narrow obligation to maximize profits, which generally entails opposing emission regulations. In contrast, a stakeholder approach as well as Marxian and common (...) ethics approaches suggest that firms have an obligation to actively support sustainable emission regulations with the following properties • major restrictions would be global rather than local• global restrictions would apply in all cases of persistent emissions• global restrictions would apply to non-persistent emissions as well, unless they have been affirmatively shown to be safe using reasonably persuasive scientific evidence• safety thresholds would be set fairly restrictively, based on administrative models and rules of thumb, in light of existing scientific knowledge but without requiring full scientific justification• long-run goals would include zero emission of persistent unsafe substances.However, the stakeholder approach supports phase-in rules to mitigate short-run compliance costs. (shrink)

Data sharing between housing and education agencies will provide housing agencies with resources to assist them with efforts to decrease segregation and mitigate the adverse health outcomes experienced by people of color. The Fair Housing Act has the potential to fulfill its original integrationist purpose if housing and education agencies combine resources and data to create and implement fair housing plans. The Biden Administration’s restored rule to affirmatively further fair housing pursuant to the Fair Housing (...) Act of 1968 which seeks to reduce segregation and increase housing equity. However, it omits most of the processes set forth by the Obama Administration whereby federal agencies provide the proper tools to housing agencies so that they are able to make data-based decisions about housing policies. This article advocates for the sharing of data between housing and education agencies to optimize the positive impact of fair housing not only within housing, but also on the education, employment, and health opportunities for communities of color. (shrink)