It is widely supposed that the Everettian account of quantum mechanics has difficulties with probability. In this paper I shall argue that those who argue against the Everettian interpretation on this basis are employing a double standard. It is certainly true that there are philosophical puzzles about probability within the Everettian theory. But I shall show that orthodox metaphysics has even worse problems with probability than Everettianism. From this perspective, orthodox metaphysicians who criticise Everettians about probability are a classic case (...) of a pot calling the kettle black. (shrink)

For many years the damages available to an employee in a wrongful dismissal action have been somewhat limited. A conservative approach to the question of measure of damages has prevailed and the recoverable heads of damage have been restricted. In particular, damages for injury to feelings and reputation have not been available. The House of Lords decision in Malik v BCCI [1998] AC 20, where the plaintiffs were held to be entitled to compensation for the damage the dismissals caused to (...) future employment prospects, has resulted in a significant change in the law. The decision in Malik comes at a time when the law of the employment contract is undergoing significant change. Perhaps the most notable instance of this has been the emergence of the implied obligation of mutual trust and confidence; that obligation being central to the plaintiffs case in Malik. Against that background this article considers whether further reform of the damages available in a wrongful dismissal action might usefully take place. It is argued that, for reasons of public policy, the law should aim to compensate fully an employee who has been wrongfully dismissed. This would involve a radical re-thinking on the approach to measure of damages. It would also require a change in the position on compensation for injury to feelings. (shrink)

The development of electronic agents that increasingly play an active role in the contract formation and execution process has highlighted the need for the creation of law-abiding autonomous agent systems. The principle of good faith is an important guideline for contractual behaviour which permeates civil law systems. This paper examines how this principle is applied both during the negotiation of a contract and during its performance. Selected examples from civil law literature of precontractual duties of good faith, and of precontractual (...) behaviour that is deemed to be contrary to good faith, are discussed. This is followed by a discussion of the extent to which such duties are recognised, or such behaviour proscribed, in common law jurisdictions. Some common standards for precontractual behaviour in civil and common law systems are identified. There is then a parallel analysis of the principle of good faith in contract performance with a view to identifying common traits or standards between civil and common law systems. These standards, in the situation where contracts are being negotiated and/or performed by or through electronic agents, would need to be reflected in the way such agents operate. (shrink)

When is an exchange a fair exchange? And when is a deal (an agreement to make an exchange) a fair deal? These questions are undeniably central to the philosophical understanding of value issues in business. In this paper I analyze Aristotle's account of fairness (justice) in such matters and attempt a critical extension.

This paper investigates board judgment in response to management led buyouts (MLBs). Board response is suggested to be guided by the business judgment rule and its dual duties of care and loyalty. The duty of loyalty is seen to be evolving into a specification of fair dealing. With this trend, the current interpretation of the business judgment rule emphasizes the role of care and relies on the market to insure fairness. Possible failures in the MLB market which limit (...) its effectiveness in assuring fairness are discussed. Recommendations to counteract these failures are suggested. (shrink)

Brian Skyrms has studied the evolutionary dynamics of a simple bargaining game. Fair-dealing is the strategy 'demand 1/2', competing with the more modest strategy 'demand 1/3' and the greedier strategy 'demand 2/3'. Individuals leave offspring in proportion to their accumulated payoffs. The rules for payoffs from encounters penalize low- and high-demanders. The result is a significant basin of attraction for fair-dealing as an evolutionarily stable strategy. From these considerations Skyrms concludes that a disposition to fair- (...) class='Hi'>dealing could have evolved. A very different picture emerges, however, when one considers genetic bases for the dispositions involved. A simple two-allele sexual model produces very different stable equilibria in the distribution of behavioral phenotypes. The equilibria for Skyrms's purely phenotypic selection process will not in general be attainable once one enters some simple genetic considerations. (shrink)

Politicians around the globe wrangle about how to deal with trade imbalances. In the Eurozone, members running a trade deficit accuse members running a surplus of forcing them into deficit. Yet pol...

In October 2021, the Inclusive Framework of the Organisation for Economic Co-operation and Development (OECD) adopted a new international tax deal, which has been hailed as a major step towards a fair and effective global corporate tax system. In this article, we question this verdict. We analyse this deal on the basis of three complementary fairness principles: preventing free riding by multinational corporations (MNCs), respect for and promotion of the fiscal autonomy of countries, and the limitation of distributive and (...) relational inequalities. We argue that the tax deal is unlikely to lead to a substantial improvement in fairness. We do, however, welcome the deal’s recognition of the need to tax multinational corporations as unitary entities subject to a global minimum effective tax rate. We argue that this recognition creates opportunities for fairer reforms that should be pursued through a more inclusive global decision-making process. (shrink)

This paper uses John Rawls' theory of justice to defend the patent system against charges that it has an unfair effect on access to medications, from the perspective of national and international justice. The paper argues that the patent system is fair in a national context because it respects intellectual property rights and it benefits the least advantaged members of society by providing incentives for inventors, investors, and entrepreneurs. The paper also argues that the patent system is fair (...) in an international context, provided that developed nations take steps to help disease-stricken countries secure internal justice. Fairness in a national or international context also requires that the patent system should include emergency exceptions to deal with short-term inequities. (shrink)

What is a fair distribution of resources and other goods when individuals are partly responsible for their achievements? This book develops a theory of fairness incorporating a concern for personal responsibility, opportunities and freedom. With a critical perspective, it makes accessible the recent developments in economics and philosophy that define social justice in terms of equal opportunities. It also proposes new perspectives and original ideas. The book separates mathematical sections from the rest of the text, so that the main (...) concepts and ideas are easily accessible to non-technical readers. -/- It is often thought that responsibility is a complex notion, but this monograph proposes a simple analytical framework that makes it possible to disentangle the different concepts of fairness that deal with neutralizing inequalities for which the individuals are not held responsible, rewarding their effort, respecting their choices, or staying neutral with respect to their responsibility sphere. It dwells on paradoxes and impossibilities only as a way to highlight important ethical options and always proposes solutions and reasonable compromises among the conflicting values surrounding equality and responsibility. -/- The theory is able to incorporate disincentive problems and is illustrated in the examination of applied policy issues such as: income redistribution when individuals may be held responsible for their choices of labor supply or education; social and private insurance when individuals may be held responsible for their risky lifestyle; second chance policies; the measurement of inequality of opportunities and social mobility. (shrink)

When can we say that a debt crisis has been resolved fairly? An often overlooked but very important effect of financial crises and the debts that often engender them is that they can lead the crisis countries to increased dependence on international institutions and the policy conditionality they require in return for their continued support, limiting their capabilities and those of their citizens to exercise meaningful control over their policies and institutions. These outcomes have been viewed by many not merely (...) as extremely unfortunate and regrettable, but also as deeply unfair. And indeed, increasingly potent popular movements have pressured governments, financial institutions, and the financial community to seek what they take to be fairer solutions to debt crises. The merits of these programs and proposals for dealing more fairly with sovereign debt remain hotly disputed. In this essay, we try to take a step back from the political fray and examine some more fundamental considerations that seem relevant to assessing the fairness of current arrangements governing economic exchanges related to debt contracts and alternatives that have been proposed to them.Our discussion is organized into seven sections. First, we characterize briefly the concept of fairness and its role in social evaluation. Second, we clarify what sovereign debt is, and, third, the ethical statuses that particular sovereign debts can have. Fourth, we identify and describe the main features of current practices related to sovereign debt. Fifth, we describe an "ideal picture" of creditor/debtor relations. We argue that in such a scenario a broad range of ethical considerations can plausibly be invoked in support of practices that closely resemble those presently governing sovereign debt. Sixth, we draw attention to the many ways in which in reality the relations between sovereign debtors and their creditors differ markedly from the relationships between the creditor and debtor in the ideal picture. Because of this, many of the ethical considerations that would support present practices were relations between sovereign debtors and their creditors to resemble more closely those depicted in the ideal picture fail to do so under present circumstances. We conclude, moreover, that the remaining ethical considerations that might be advanced in support of the present system are at best quite inconclusive. Finally, we describe briefly specific reform proposals to current practices. While we will not attempt to show that these proposals would necessarily make the rules governing economic exchanges relevant to sovereign debt more fair, we conclude, in light of our earlier analysis, that they must be given much more serious consideration than they have so far received in policy circles. Indeed, there are strong prima facie reasons to believe that some combination of these proposed policies might prevent or mitigate some of the most ethically regrettable outcomes of present practices and norms by changing the incentives of sovereign borrowers and those who lend to them. (shrink)

Using a fair allocation approach, this paper identifies and examines important concerns arising from the Philippines’ COVID‐19 response while focusing on difficulties encountered by various sectors in gaining fair access to needed societal resources. The effectiveness of different response measures is anchored on addressing inequities that have permeated Philippine society for a long time. Since most measures that are in place as part of the COVID‐19 response are meant to be temporary, these are unable to resolve the inequities (...) that have led to the magnitude of morbidity and mortality associated with the pandemic. These cannot improve the country’s readiness to deal with pandemics and other emergencies in the future.Transition to a new normal recognizes the possibility that other infectious diseases could come and endanger our health security. Our pandemic experiences are proving that having an egalitarian society will serve the interests not only of disadvantaged sectors but also of everybody else, including the privileged. Response measures should thus take the opportunity to promote equity by giving importance to the concerns of the underprivileged and vulnerable while giving preference to initiatives that can be sustained beyond the period of the current pandemic. (shrink)

Using a fair allocation approach, this paper identifies and examines important concerns arising from the Philippines’ COVID‐19 response while focusing on difficulties encountered by various sectors in gaining fair access to needed societal resources. The effectiveness of different response measures is anchored on addressing inequities that have permeated Philippine society for a long time. Since most measures that are in place as part of the COVID‐19 response are meant to be temporary, these are unable to resolve the inequities (...) that have led to the magnitude of morbidity and mortality associated with the pandemic. These cannot improve the country’s readiness to deal with pandemics and other emergencies in the future. Transition to a new normal recognizes the possibility that other infectious diseases could come and endanger our health security. Our pandemic experiences are proving that having an egalitarian society will serve the interests not only of disadvantaged sectors but also of everybody else, including the privileged. Response measures should thus take the opportunity to promote equity by giving importance to the concerns of the underprivileged and vulnerable while giving preference to initiatives that can be sustained beyond the period of the current pandemic. (shrink)

Distribution of responsibility is one of the main focus areas in discussions about climate change ethics. Most of these discussions deal with the distribution of responsibility for climate change mitigation at the international level. The aim of this paper is to investigate if and how these principles can be used to inform the search for a fair distribution of responsibility for climate change adaptation on the local level. We found that the most influential distribution principles on the international level (...) were in turn built on one or more of seven basic principles: (P1) equal shares, (P2) desert, (P3) beneficiary pays, (P4) ability, (P5) self-help, (P6) limited responsibility for the worst off, and (P7) status quo preservation. It was found that all the basic principles, but P1, P3, and P7, are to some extent translatable to local climate adaptation. Two major problems hamper their usefulness on the local level: (1) several categories of agents need to take on responsibility; and (2) emissions do not work as a base for all principles. P4, P5, and P6 are applicable to local adaptation without changes. P4 is of particular importance as it seems to solve the first problem. P2 is applicable only if the second problem is solved, which can be achieved by using risk of harm instead of emissions as the basis for desert. (shrink)

Various U.S. laws, such as the Clean Air Act and the Food Quality Protection Act, require additional protections for susceptible subpopulations who face greater environmental health risks. The main ethical rationale for providing these protections is to ensure that environmental health risks are distributed fairly. In this article, we (1) consider how several influential theories of justice deal with issues related to the distribution of environmental health risks; (2) show that these theories often fail to provide specific guidance concerning policy (...) choices; and (3) argue that an approach to public decision making known as accountability for reasonableness can complement theories of justice in establishing acceptable environmental health risks for the general population and susceptible subpopulations. Since accountability for reasonableness focuses on the fairness of the decision-making process, not the outcome, it does not guarantee that susceptible subpopulations will receive a maximum level of protection, regardless of costs or other morally relevant considerations. (shrink)

The data science era is characterized by data-driven automated decision systems (ADS) enabling, through data analytics and machine learning, automated decisions in many contexts, deeply impacting our lives. As such, their downsides and potential risks are becoming more and more evident: technical solutions, alone, are not sufficient and an interdisciplinary approach is needed. Consequently, ADS should evolve into data-informed ADS, which take humans in the loop in all the data processing steps. Data-informed ADS should deal with data responsibly, guaranteeing nondiscrimination (...) with respect to protected groups of individuals. Nondiscrimination can be characterized in terms of different types of properties, like fairness and diversity. While fairness, i.e., absence of bias against minorities, has been widely investigated in machine learning, only more recently this issue has been tackled by considering all the steps of data processing pipelines at the basis of ADS, from data acquisition to analysis. Additionally, fairness is just one point of view of nondiscrimination to be considered for guaranteeing equity: other issues, like diversity, are raising interest from the scientific community due to their relevance in society. This paper aims at critically surveying how nondiscrimination has been investigated in the context of complex data science pipelines at the basis of data-informed ADS, by focusing on the specific data processing tasks for which nondiscrimination solutions have been proposed. (shrink)

This book addresses a range of relevant theoretical issues, including the possibility of an interpersonally comparable measure of well-being, or “utility” metric; the moral value of equality, and how that bears on the form of the social welfare function; social choice under uncertainty; and the possibility of integrating considerations of individual choice and responsibility into the social-welfare-function framework. This book also deals with issues of implementation, and explores how survey data and other sources of evidence might be used to calibrate (...) both a utility metric and a social welfare function, and whether distributive goals are ever best pursued through regulation rather than the tax system. In working through this range of theoretical and practical issues, the book draws from a wide variety of literatures, including philosophical scholarship on equality, responsibility, the nature of well-being, and personal identity over time; the social choice literature within economics; applied economic literatures concerning the measurement of inequality and poverty; legal and policy-analysis scholarship on cost-benefit analysis, environmental justice, and the choice between regulation and taxation; and the burgeoning field of “happiness studies”. (shrink)

Typically, we think of both artificial and natural computing devices as following rules that allow them to alter their behaviour (output) according to their environment (input). This approach works well when the environment and goals are well defined and regular. However, 1) the search time for appropriate solutions quickly becomes intractable when the input is not fairly regular, and 2) responses may be required that are not computable, either in principle, or given the computational resources available to the system. It (...) may seem that there is no way to deal with these conditions, but if we think of systems as dynamical non-equilibrium autonomous entities, there are ways to deal with the unexpected and irregular by taking advantage of self-organising and self-preserving capacities of such systems. A generalised force acting on a system far from equilibrium will cause the system to reorganise itself in the direction of the generalised force in such a way as to minimise its effects (Nicolis and Prigogine, 1977), but there can be unpredictable effects in different generalised directions in the system’s phase space. In order to preserve system integrity, these effects must be damped or used for further self-reorganisation, possibly starting a cascade effect that leaves the system in a substantially different state in which it can handle further instances of this sort of information. This model is similar to and extends the theoretical model of accommodation and assimilation of Piaget, derived from his observations of the development of intelligence in children. (shrink)

The principle of fairness suggests that it is wrong for free riders to enjoy cooperative benefits without also helping to produce them. Considerations of fairness are a familiar part of moral experience, yet there is a great deal of controversy as to the conditions of their application. The primary debate concerns whether cooperative benefits need to be voluntarily accepted. Many argue that acceptance is unnecessary because such theories are too permissive and acceptance appears to be absent in a variety of (...) cases where considerations of fairness nevertheless seem applicable. In this paper, I defend the claim that acceptance is necessary by suggesting that these worries can be disarmed, and that theories that deny the necessity of acceptance face deep challenges in articulating an understanding of cooperative benefits that does not also appeal to a person’s acceptance of them. (shrink)

Despite the reality of intersex individuals whose biological markers do not necessarily all point towards a traditional binary understanding of either male or female, the vast majority of sports divide competition into categories based on a binary notion of biological sex and develop policies and regulations to police the divide. In so doing, sports governing bodies (SGBs) adopt an imperfect model of biological sex in order to serve their particular purposes, which, typically, will include protecting the fundamental sporting value of (...) fair competition. Yet, one potential consequence of enforcing such an approach would seem to be the exclusion or marginalization of individuals whose biological development does not fit within the binary model, whether due to genetics or through a choice to undergo medical intervention to better represent a chosen gender identity. Any such exclusion or marginalization will inevitably tend to undermine another fundamental value of sport, that of inclusivity. In the context of those with differences of sex development, SGBs appear to be faced with a difficult problem: dealing with a conflict between two fundamental values of sport. Different approaches to this problem have been suggested, with some academics proposing that sports organisations, in general, ought to prioritise fairness above, while others suggest the need to ‘balance’ competing values or even to prioritise inclusion over fairness. However, it is argued that any of these approaches are, in principle, justifiable as any sport should be free to prioritise or balance its own values. What seems more important for any SGB is the need for a rational and transparent justification of regulations that pursue fair competition at the expense of inclusivity. Furthermore, where fair competition and inclusivity are fundamental values, any such justification would seem to demand adherence to some basic norms. First, the regulations should be built on (and articulate) a consistent and principled basis of what ‘fair competition’ means in a particular sport. Second, any regulations should only exclude or restrict participation to the minimum degree necessary to achieve the sense of fair competition so articulated. Third, SGBs should be transparent about what their values are and where their priorities lie so that participants and other stakeholders are able to make an informed choice as to whether they wish to participate in, support, or be associated with a particular sport. With reference to the adoption of the Eligibility Regulations for Athletes with Differences of Sex Development (the ‘DSD Regulations’) by the International Association of Athletic Federations (IAAF), this article seeks to evaluate whether the approach of the IAAF satisfied these basic requirements. (shrink)

When can we say that a debt crisis has been resolved fairly? An often overlooked but very important effect of financial crises and the debts that often engender them is that they can lead the crisis countries to increased dependence on international institutions and the policy conditionality they require in return for their continued support, limiting their capabilities and those of their citizens to exercise meaningful control over their policies and institutions. These outcomes have been viewed by many not merely (...) as extremely unfortunate and regrettable, but also as deeply unfair. And indeed, increasingly potent popular movements have pressured governments, financial institutions, and the financial community to seek what they take to be fairer solutions to debt crises. The merits of these programs and proposals for dealing more fairly with sovereign debt remain hotly disputed. In this essay, we try to take a step back from the political fray and examine some more fundamental considerations that seem relevant to assessing the fairness of current arrangements governing economic exchanges related to debt contracts and alternatives that have been proposed to them.Our discussion is organized into seven sections. First, we characterize briefly the concept of fairness and its role in social evaluation. Second, we clarify what sovereign debt is, and, third, the ethical statuses that particular sovereign debts can have. Fourth, we identify and describe the main features of current practices related to sovereign debt. Fifth, we describe an "ideal picture" of creditor/debtor relations. We argue that in such a scenario a broad range of ethical considerations can plausibly be invoked in support of practices that closely resemble those presently governing sovereign debt. Sixth, we draw attention to the many ways in which in reality the relations between sovereign debtors and their creditors differ markedly from the relationships between the creditor and debtor in the ideal picture. Because of this, many of the ethical considerations that would support present practices were relations between sovereign debtors and their creditors to resemble more closely those depicted in the ideal picture fail to do so under present circumstances. We conclude, moreover, that the remaining ethical considerations that might be advanced in support of the present system are at best quite inconclusive. Finally, we describe briefly specific reform proposals to current practices. While we will not attempt to show that these proposals would necessarily make the rules governing economic exchanges relevant to sovereign debt more fair, we conclude, in light of our earlier analysis, that they must be given much more serious consideration than they have so far received in policy circles. Indeed, there are strong prima facie reasons to believe that some combination of these proposed policies might prevent or mitigate some of the most ethically regrettable outcomes of present practices and norms by changing the incentives of sovereign borrowers and those who lend to them. (shrink)

To practise ‘fairly and justly’ a clinician must balance the needs of both the many and the few: the individual patient in front of them, and the many unseen patients in the waiting room, and in the county. They must consider the immediate clinical needs of those in the present, and how their actions will impact on future patients. The good medical practice guidance ‘Make the care of your patient your first concern’ provides no guidance on how doctors should act (...) when they care for multiple patients with conflicting needs. Moreover, conflicting needs extend far past simply those between different patients. At an organisational level, financial obligations must be balanced with clinical ones; the system must support those who work within it in a variety of roles; and, finally, in order for a healthcare service to be sustainable, the demands of current and future generations must be balanced.The central problem, we propose, is that there is no shared philosophical framework on which the provision of care or the development of health policy is based, nor is there a practical, fair and transparent process to ensure that the service is equipped to deal justly with new challenges as they emerge. Many philosophers have grappled with constructing a set of principles which would lead to a ‘good’ society which is just to different users; prominent among them is Rawls.Four important principles can be derived using a Rawlsian approach: equity of access, distributive justice, sustainability and openness. However, Rawls’ approach is sometimes considered too abstract to be applied readily to policymaking; it does not provide clear guidance for how individuals working within existing institutions can enact the principles of justice. We therefore combine the principles derived from Rawls with Scanlonian contractualism: by demanding that decisions are made in a way which cannot be ‘reasonably rejected’ by different stakeholders, we ensure that conflicting needs are considered robustly.We demonstrate how embedding this framework would ensure just policies and fair practice. We illustrate this by using examples of how it would help prevent injustice among different socioeconomic groups, prevent intergenerational injustice and prevent injustice in a crisis, for example, as we respond to new challenges such as COVID-19.Attempts to help individual doctors practise fairly and justly throughout their professional lives are best focused at an institutional or systemic level. We propose a practical framework: combining Scanlonian contractualism with a Rawlsian approach. Adopting this framework would equip the workforce and population to contribute to fair policymaking, and would ultimately result in a healthcare system whose practice and policies—at their core—were just. (shrink)

Être vu, nu, par un chat ; essayer de savoir quel effet cela fait d’être une chauve-souris ; penser les modes de cohabitation et de compagnonnage que nous formons avec les animaux, en dépit de toutes les violences que nous leur faisons subir, constituent autant d’expériences de pensée limites qui ont ponctué le discours philosophique sur l’animalité au xxe siècle. Il n’est pas étonnant que Cora Diamond fasse un cas de toutes ces expériences : ce qu’elle nomme « une difficulté (...) de la réalité », c’est-à-dire un point d’achoppement entre la pensée et ce qu’elle essaye de saisir, le réel, qui est susceptible de nous faire perdre nos concepts. Je me propose dans ce texte d’explorer les voies de cette difficulté, qui sont souvent des voies contournées ou des déviations. L’idée est aussi de réfléchir aux moyens dont la philosophie dispose pour affronter cette difficulté, sans dénégation et sans déviation. (shrink)

This paper is based on the work of Pierre de Coubertin and his view of Olympism. It deals with Coubertin's distinction between two kinds of sport: Olympic sport and world championship sport. I shall examine these two possibilities with respect both to education through sport and to how one lives one's life, and I shall show the necessity of choosing between them, with reference to Coubertin's closing remarks in his speech at the 1925 Olympic Congress in Prague: ?Fair or (...) temple ? sportsmen must make their choice; they cannot expect to frequent both one and the other ? let them choose!? (Coubertin 2000f, 559). I shall address the topic of the choice between these two kinds of sport through the two metaphors in the above quotation: ?fair?, in the sense of a market, or in ancient Greek agora; and ?temple?. Since this is also a choice of the way one lives one's life, the ideas will be worked out from within the philosophy of existence, particularly from the work of Jan Pato?ka, who develops the idea of different ?movements of human existence? in connection with different overall life directions that one might follow. The notion of ?fair? (or agora) is characterised by a human being's following of the prevailing patterns, norms and aims prescribed by society, without much reflection upon his or her individual aims and attitudes. It is described in Heideggerian terms as inauthenticity and in Pato?ka's idea of the second life movement, which is characterised by work, struggle, competition, comparisons, endless striving and self-assertion. Within sport, this is represented by wanting to win at all costs, lack of respect, self-promotion and striving for rewards. The notion of ?temple? is contrasted with the above mentioned character of the fair and is related to a certain clarity about one's existence and striving, one's doing and thinking, as described in Pato?ka's third movement of existence. Within the context of sport this is instantiated as a kind of self-development based on self-understanding and critical reflection, and it is illustrated by Olympism and Olympic sport. (shrink)

“Austrian” (or “Austro-German”) philosophy of language is characterized, among other things, by the following two features: (1) Problems of language are considered within the broader framework of an intentionality-based philosophy of mind—or, to put it more precisely, questions of meaning are considered as involving a quite articulated theory of intentions; (2) several aspects of such an account are explicitly presented as inspired by or somehow already at work in the Medieval Scholastic tradition. In this study we follow the track indicated (...) by these two features and use some “Austrian” reflections on the articulation between meanings and intentions as a “heuristic filter”, as it were, to shed a new and different light on some Medieval debates in philosophy of language on the relationship between significare and intendere. It will be roughly divided into three parts. We begin by singling out some distinctive tenets of the “Austrian” strategy aimed at describing the relationship between meaning and intentions (section I), and then turn to various Medieval texts from the 13th and 14th century dealing with the two related notions of significatio and intentio (section II). The upshot of our investigation is to show how, for both “Austrian” and Medieval philosophers of language (and beyond their differences), a proper understanding of linguistic meaning—in the twofold sense of words or sentences having a lexical content and utterances having a determinate pragmatic function—presupposes an account of what one could call the “agentive intentionality”, i.e. the complex intentionality proper to practical goal-directed human behaviours. Some final remarks about outcomes, meaning, scope and perspectives opened by the method applied will conclude the study (section III). (shrink)

This study focuses on a third-party perspective of idiosyncratic deals. More specifically, we look into the differential judgments co-workers make about i-deals in their work environment, as well as their reactions. Based on equity theory, we examine to what extent the content of the i-deal and the work context explain co-worker judgments regarding i-deal fairness in addition to subsequent voice behavior. A vignette study with 1988 respondents shows that when i-deals are considered distributively unfair, co-workers try to restore equity through (...) voice behavior, thereby making the i-deal less effective. Furthermore, i-deals spark more distributive injustice perceptions and voice behavior in a highly interdependent work context. Finally, on average, financial bonuses were considered most distributively unfair and, thus, trigger more voice behavior. These results have important implications for i-deal literature as they uncover the criteria that co-workers use to judge i-deals and shape their reactions. (shrink)

The paper questions Binmore’s identification of justice with fairness and his corresponding focus on bargains to the neglect of conventions, notably of ownership. Section 1 deals mainly with the role ascribed to man’s earliest genetic heritage in shaping fairness norms and the putative effect of such norms on bargaining solutions. Section 2 argues that the scope of fairness as opposed to justice in determining the social order is quite narrow, It sketches a theory of fairness distinct from justice, derived from (...) the principle of treating like cases alike. (shrink)

Ethics and ethical principles extend to all spheres of human activity. They apply to our dealings with each other, with animals and the environment. They should govern our interactions not only in conducting research but also in commerce, employment and politics. Ethics serve to identify good, desirable or acceptable conduct and provide reasons for those conclusions. Fair subject selection is the first and foremost concern which must be ensured before initiating a research project. Which subjects may enroll in the (...) research is determined by the study’s inclusion or exclusion criteria. One of the important aspects of fair subject selection is to have an oversight system through International Review Board (IRB) to review to conduct the research and to have approval whether subject selection is fair or not. (shrink)

Drawing on ethical principles of fairness and integrative social contracts theory, moral obligations of fair dealing exist between the firm and all shareholders. This study investigates empirically whether privileged investors of publicly traded firms engage in legal, but morally questionable, trading that at the expense of non-privileged institutional or atomistic investors. In this context, we define privilege as the access to material, nonpublic earnings surprise information. Our results show that the opportunity for procedural unfairness increases with the presence (...) of privileged investors. However, this procedural unfairness does not appear to lead to distributive unfairness even though the level of abnormal trading also increases with the presence of privileged investors. That is, our findings suggest that other shareholders are in fact better off from an outcome perspective given that the abnormal stock price returns upon the announcement of an earnings surprise are either more positive or less negative when the firm has a high proportion of privileged investors. We extract the important implications of our study for future research on the fairness of capital markets and information asymmetry amongst classes of investors, as well as for public policy. (shrink)

This paper takes a simple, informal suggestion by Broome and another more explicit suggestion by Kamm for how to deal with asymmetric claims and shows how they can be interpreted to be consistent with two different social welfare functions: Sum-of-square-roots of individual utilities, and product of utilities. These functions are then used to analyze more complicated situations but I show that the first yields more intuitive results, and a better compromise of efficiency and justice, than the other. (Published Online July (...) 11 2006). (shrink)

Existing indexing systems used to arrange philosophical works have been shown to misrepresent the discipline in ways that reflect and perpetuate exclusionary attitudes within it. In recent years, there has been a great deal of effort to challenge those attitudes and to revise them. But as the discipline moves toward greater equality and inclusivity, the way it has indexed its work has unfortunately not. To course correct, we identify in this article some of the specific changes that are needed within (...) current indexing systems and propose a new model that could embody them. We use the Diversity Reading List in Philosophy as a case study and PhilPapers as a basis for comparison. The model we propose not only represents the discipline in a more inclusive and fair way, but it is also efficient, easy to use or implement, and adaptable for a variety of contexts. (shrink)

Healthcare package decisions are complex. Different judgements about effectiveness, cost-effectiveness and disease burden influence the decision-making process. Moreover, different concepts of justice generate different ideas about fair distribution of healthcare resources. This paper presents a decision model that is used in medical school in order to familiarise medical students with the different concepts of justice and the ethical dimension of making concrete choices. The model is based on the four-stage decision model developed in the Netherlands by the Dunning Committee (...) and the discussion that followed its presentation in 1991. Having to deal with 10 medical services, students working with the model learn to discern and integrate four different ideas of distributive justice that are integrated in a flow chart: libertarian, communitarian, egalitarian and utilitarian. (shrink)

The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. (...) Part One will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost impossible to resolve the issue of the fair/private use's legal nature, if one has not previously resolved copyright's legal nature. Legal resolution of such conflicts, as we shall demonstrate, follows different rules, and the messages sent to users and authors vary greatly depending on the jurisdiction. Part Two will examine the issue of Private Use as Fair Use by Design. We will look at the impact of Digital Rights Management on fair use and explore if the nature of private use as fair use has changed because we are dealing with the protection of digital content. We will show that protecting digital works by code, via various digital rights management schemes is shrinking the public domain of information and restricting private use as fair use. (shrink)

Large-scale land acquisitions (LaSLA), otherwise ‘land grabbing’ in Sub-Saharan Africa (SSA), raise difficult normative questions the current literature does not sufficiently explore. LaSLA is associated with development opportunities; however, it also threatens the well-being of local people because of displacement and dispossession. To investigate the processes and outcomes for LaSLA to be considered as ‘just and fair,’ we evaluate the impacts of a LaSLA project on local livelihoods in Tanzania. Specifically, we apply John Rawls’ Theory of Justice to the (...) project and compare the results with empirical insights gained from our fieldwork. We find that LaSLA has the potential to improve the living standards of local people, we cannot consider LaSLA as just and fair because it contradicts Rawls’s principles of justice and deteriorates the livelihoods of local people. Our findings suggest that it is critical to scrutinize LaSLA investments, involve local people in decision-making, and build the capacity of host governments to negotiate better LaSLA deals. (shrink)

In the climate ethics debate, scholars largely agree that individuals should promote institutions that ensure the reduction of greenhouse gas emissions. This paper aims to establish that there are individual duties beyond compliance with and promotion of institutions. Duties of individuals to reduce their emissions are often objected to by arguing that an individual’s emissions do not make a morally relevant difference. We challenge this argument from inconsequentialism in two ways. We first show why the argument also seems to undermine (...) the case for duties to promote institutions that the arguments’ proponents endorse. Second, we argue that individuals ought to cut emissions if they exceed their fair share of emissions entitlements and, by emitting, contribute to climate-related harm. In response to inconsequentialism, we specify the notion of ‘contribution’ via the so-called NESS theory, according to which an act is causally relevant for and contributes to an outcome if it is a Necessary Element of a Set of conditions that is Sufficient for the outcome. After refuting two objections to our approach, we conclude by discussing how to deal with possible conflicts between duties to promote institutions and to reduce one’s emissions. (shrink)

Legal systems must proceed in the face of two conceptions of procedural fairness. The first, embodied in the rule of law ideal, calls for clear rules, laid down in advance and susceptible to mechanical application in individual cases. The second calls for a high degree of individuation, on the theory that fairness requires particularized consideration of the whole person. Both conceptions can be found in judicial interpretation of the due process clause of the American Constitution, which sometimes requires rule-bound decisions, (...) and sometimes requires individuation. Both conceptions have a great deal of appeal in particular settings. The choice between the two depends largely on an investigation of the costs of decision and the costs of error. In addition, "planning costs" play a large role; where people need to be able to plan in advance, rule-bound judgments look fairer and much more attractive even if they produce significant unfairness and arbitrariness. (shrink)

Legal systems must proceed in the face of two conceptions of procedural fairness. The first, embodied in the rule of law ideal, calls for clear rules, laid down in advance and susceptible to mechanical application in individual cases. The second calls for a high degree of individuation, on the theory that fairness requires particularized consideration of the whole person. Both conceptions can be found in judicial interpretation of the due process clause of the American Constitution, which sometimes requires rule-bound decisions, (...) and sometimes requires individuation. Both conceptions have a great deal of appeal in particular settings. The choice between the two depends largely on an investigation of the costs of decision and the costs of error. In addition, "planning costs" play a large role; where people need to be able to plan in advance, rule-bound judgments look fairer and much more attractive even if they produce significant unfairness and arbitrariness. (shrink)

Employee buy-in is a key factor in ensuring small- and medium-size enterprise (SME) engagement with corporate social responsibility (CSR). In this exploratory study, we use participant observation and semi-structured interviews to investigate the way in which three fair trade SMEs utilise human resource management (and selection and socialisation in particular) to create employee engagement in a strong triple bottomline philosophy, while simultaneously coping with resource and size constraints. The conclusions suggest that there is a strong desire for, but tradeoff (...) within these companies between selection of individuals who already identify with the triple bottomline philosophy and individuals with experience and capability to deal with mainstream brand management – two critical employee attributes that appear to be rarely found together. The more important the business experience to the organisation, the more effort the organisation must expend in formalising their socialisation programmes to ensure employee engagement. A key method in doing this is increasing employee knowledge of, and affection for, the target beneficiaries of the CSR programme (increased moral intensity). (shrink)

The community has legislatively conferred on external auditors a special but lucrative responsibility to provide fair and independent opinions about management''s preparation of company financial statements. In return, auditors are obliged by professional standards to act with integrity, independently and in the public interest. This study examined 174 auditors'' predisposition to provide just and fair judgements, using Kohlberg''s theory of developmental moral reasoning, one of the most widely accepted theories in justice psychology. Respondents came from five international audit (...) firms in Copenhagen. Results indicated that auditors with pre-conventional or low level of just reasoning or comprised 64 respondents, the largest group in the sample. The pre-conventional level suggests that people will act in their own self-interest and do the right only to avoid punishment. Pre-conventional auditors have the ability to "do deals", advantageous for business. When faced with an ethical crisis, however, auditors as this level will tend to focus on their own needs at the expense of others. The post-conventional or mid level of just reasoning comprised 59 auditors, second largest group in the sample. This level indicates that these auditors have the predisposition to act fairly on principal, particularly when faced with an ethical crisis. The conventional level or mid-just reasoning consisted of 51 auditors. People with a conventional level of just reasoning believe in law and order, the maintenance of the status quo, however they tend not to be critical of laws, nor authority even if those laws and authority are unjust or evil. (shrink)

Employee buy‐in is a key factor in ensuring small‐ and medium‐size enterprise (SME) engagement with corporate social responsibility (CSR). In this exploratory study, we use participant observation and semi‐structured interviews to investigate the way in which three fair trade SMEs utilise human resource management (and selection and socialisation in particular) to create employee engagement in a strong triple bottomline philosophy, while simultaneously coping with resource and size constraints. The conclusions suggest that there is a strong desire for, but tradeoff (...) within these companies between selection of individuals who already identify with the triple bottomline philosophy and individuals with experience and capability to deal with mainstream brand management – two critical employee attributes that appear to be rarely found together. The more important the business experience to the organisation, the more effort the organisation must expend in formalising their socialisation programmes to ensure employee engagement. A key method in doing this is increasing employee knowledge of, and affection for, the target beneficiaries of the CSR programme (increased moral intensity). (shrink)

Demands by Patients or their Families for treatment thought to be inappropriate by health care providers constitute an important set of moral problems in clinical practice. A variety of approaches to such cases have been described in the literature, including medical futility, standard of care and negotiation. Medical futility fails because it confounds morally distinct cases: demand for an ineffective treatment and demand for an effective treatment that supports a controversial end (e.g., permanent unconsciousness). Medical futility is not necessary in (...) the first case and is harmful in the second. Ineffective treatment falls outside the standard of care, and thus health care workers have no obligation to provide it. Demands for treatment that supports controversial ends are difficult cases best addressed through open communication, negotiation and the use of conflict-resolution techniques. Institutions should ensure that fair and unambiguous procedures for dealing with such cases are laid out in policy statements. (shrink)

Philosophical theories of fairness propose to divide a good that several individuals have a claim to in proportion to the strength of their respective claims. We suggest that currently, these theories face a dilemma when dealing with a good that is indivisible. On the one hand, theories of fairness that use weighted lotteries are either of limited applicability or fall prey to an objection by Brad Hooker. On the other hand, accounts that do without weighted lotteries fall prey to (...) three fairness paradoxes. We demonstrate that division methods from apportionment theory, which has hitherto been ignored by philosophical theories of fairness, can be used to provide fair division for indivisible goods without weighted lotteries and without fairness paradoxes. (shrink)

Kant famously noted that a memory of Hume "interrupted" his dogmatic slumbers, an alarm commonly taken to have been sounded by the challenge Hume raised against the rational foundations of causal connections. The Prolegomena's discussion of the role played by Hume's skepticism in the development of the critical philosophy makes it relatively easy to see how to formulate something along the lines of "Kant's response to Hume," and a great deal of ink and toil have been devoted to debates about (...) the success of this project. Developing "Hume's response to Kant" is a bit trickier, not least because by the time Kant's views were made available, Hume had succumbed to a slumber much more permanent and literal than the... (shrink)

The introduction of novel diagnostic techniques in clinical domains such as genomics and radiology has led to a rich ethical debate on how to handle unsolicited findings that result from these innovations. Yet while unsolicited findings arise in both genomics and radiology, most of the relevant literature to date has tended to focus on only one of these domains. In this article, we synthesize and critically assess similarities and differences between “scanning the body” and “sequencing the genome” from an ethical (...) perspective. After briefly describing the novel diagnostic contexts leading to unsolicited findings, we synthesize and reflect on six core ethical issues that relate to both specialties: terminology; benefits and risks; autonomy; disclosure of unsolicited findings to children; uncertainty; and filters and routine screening. We identify ethical rationales that pertain to both fields and may contribute to more ethically sound policies. Considerations of preserving public trust and ensuring that people perceive healthcare policies as fair also support the need for a combined debate. (shrink)

The 1992 Convention on Biological Diversity (CBD) and its 2010 Nagoya Protocol brought about a breakthrough in global policy making. They combined a concern for the environment with a commitment to resolving longstanding human injustices regarding access to, and use of biological resources. In particular, the traditional knowledge of indigenous communities was no longer going to be exploited without fair benefit sharing. Yet, for 25 years after the adoption of the CBD, there were no major benefit sharing agreements that (...) led to significant funding streams for indigenous communities. This changed with the signing of the Rooibos Benefit Sharing Agreement in South Africa, described in this paper. As the authors report, the Rooibos Agreement is a superlative in two respects. It is the biggest benefit sharing agreement between industry and indigenous peoples to date. It is also the first industry-wide agreement to be formed in accordance with biodiversity legislation. This article is a co-production between traditional knowledge holders, the lawyer who represented their interests, the Co-Chair of the Nagoya Protocol negotiations, and an ethicist who analyzed the major challenges of this historic agreement. With no precedent in the benefit sharing world, the agreement stands as a concrete example of the ‘art of the possible.’ Although the rooibos case is unique in a number of aspects, the experience offers many transferable insights, including: patience; incrementalism; honesty; trust; genuine dialogue; strong legal support; a shared recognition that a fair, win-win deal is possible; government leadership; and unity amongst indigenous peoples. Such ingredients of success can apply well beyond southern Africa. (shrink)