Does it matter that almost all juries in England and Wales are all-White? Does it matter even if this result is the unintended and undesired result of otherwise acceptable ways of choosing juries? Finally, does it matter that almost all juries are all-White if this has no adverse effect on the treatment of non-White defendants and victims of crime? According to Cheryl Thomas, there is no injustice in a system of jury selection which predictably results (...) in juries with no minority members so long as this result is not deliberate, and does not adversely affect the treatment of minority defendants and victims of crime. My view is different. In and of itself, I believe, something is wrong with a system of jury selection that predictably results in all-White juries in a diverse society, such as our own. Absent reason to believe that we lack a better alternative to current modes of jury selection, a commitment to democratic government and to the equality of citizens – or so I will argue – condemns existing arrangements as unjust, whether or not they have adverse effects on jury decisions, or on the ways in which our society approaches issues of race and crime. (shrink)

Herbert Spencer was one of the most important contributors to the Victorian discourse on social evolution. His theory of evolution in nature and society has been the subject of countless scholarly works over the last hundred years. Nevertheless, not all of its dimensions have been studied in due depth. Contrary to a widespread belief, Spencer did not just design an evolutionary theory of upward, yet branched development. Searching for explanations for the social distance between presumably civilized and primitive societies and (...) between presumably well-conducted and pauperized Victorians, he introduced elements of retrogression into his theory of social evolution. In addition, he biologized social structures and social phenomena by constructing a causal relationship between social and somatic features. This article discusses Spencer's account of the social conditions of the so-called savages and paupers. It aims to shed light on the progressive and retrogressive modes of evolutionary development and the biologistic explanations he employed in his social theory to explain these conditions. (shrink)

The argument from background justice is that conformity to Lockean principles of justice in agreements and transactions does not preclude the development of inequalities that undermine the freedom and fairness of those very transactions, and that, therefore, special principles are needed to regulate society's “basic structure.” Rawls offers this argument as his “first kind of reason” for taking the basic structure to be the primary subject of justice. Here I explore the background justice argument and its implications for questions about (...) the scope of distributive justice. As it turns out, the background justice argument can offer no independent support for conclusions about the scope of distributive justice. For the special principles that it justifies inherit their scope from conclusions that must be established or assumed in advance. These prior conclusions are precisely what is at issue in debates about global justice. (shrink)

The first book length study of property-owning democracy, Republic of Equals argues that a society in which capital is universally accessible to all citizens is uniquely placed to meet the demands of justice. Arguing from a basis in liberal-republican principles, this expanded conception of the economic structure of society contextualizes the market to make its transactions fair. The author shows that a property-owning democracy structures economic incentives such that the domination of one agent by another in the market is structurally (...) impossible. The result is a renovated form of capitalism in which the free market is no longer a threat to social democratic values, but is potentially convergent with them. It is argued that a property-owning democracy has advantages that give it priority over rival forms of social organization such as welfare state capitalism and market socialist institutions. The book also addresses the currently high levels of inequality in the societies of the developed West to suggest a range of policies that target the "New Inequality" of our times. For this reason, the work engages not only with political philosophers such as John Rawls, Philip Pettit and John Tomasi, but also with the work of economists and historians such as Anthony B. Atkinson, François Bourguignon, Jacob S. Hacker, Lane Kenworthy, and Thomas Piketty. (shrink)

The first book-length study of property-owning democracy, Republic of Equals, argues that a society in which capital is universally accessible to all citizens is uniquely placed to meet the demands of justice. Arguing from a basis in liberal-republican principles, this expanded conception of the economic structure of society contextualizes the market to make its transactions fair. It shows that a property-owning democracy structures economic incentives such that the domination of one agent by another in the market is structurally impossible. The (...) result is a renovated form of capitalism in which the free market is no longer a threat to social democratic values but is potentially convergent with them. It is argued that a property-owning democracy has advantages that give it priority over rival forms of social organization such as welfare-state capitalism and market socialist institutions. The book also addresses the currently high levels of inequality in the societies of the developed West to suggest a range of policies that target the “New Inequality” of the twenty-first century. For this reason, the work engages not only with political philosophers such as John Rawls, Philip Pettit, and John Tomasi but also with the work of economists and historians such as Anthony B. Atkinson, François Bourguignon, Jacob S. Hacker, Lane Kenworthy, and Thomas Piketty. (shrink)

Herbert Spencer was one of the most important contributors to the Victorian discourse on social evolution. His theory of evolution in nature and society has been the subject of countless scholarly works over the last hundred years. Nevertheless, not all of its dimensions have been studied in due depth. Contrary to a widespread belief, Spencer did not just design an evolutionary theory of upward, yet branched development. Searching for explanations for the social distance between presumably civilized and primitive societies and (...) between presumably well-conducted and pauperized Victorians, he introduced elements of retrogression into his theory of social evolution. In addition, he biologized social structures and social phenomena by constructing a causal relationship between social and somatic features. This article discusses Spencer's account of the social conditions of the so-called savages and paupers. It aims to shed light on the progressive and retrogressive modes of evolutionary development and the biologistic explanations he employed in his social theory to explain these conditions. (shrink)

ABSTRACT Socioeconomic disparities between whites and blacks are pervasive in American society. Structuring of the discussion of these disproportions is the liberal race relations paradigm. According to Racial Liberalism, racial inequalities are an impermanent feature of American society because they are due primarily to race prejudice and discriminatory practices, which are continuously diminishing among whites. Challenging this view is Racial Realism. Racial Realism attributes the persistence of racial inequality to institutional privileges whites retain and refuse to relinquish whether or not (...) they are conscious of them. I argue that Racial Realism, with some qualification, is the better explanation for the persistence of racial inequality. Racial inequalities will persist, because American society and its entrenched institutions continue to affirm, white supremacy. (shrink)

A decent education is a basic human right. The provision of free, compulsory education in the US attests to a national commitment to this right. However, thecurrent school system is plagued by inequities, including spending less money on schools serving predominantly poor and non-White populations, subjectingstudents of color to harsher punishments, putting non-White students in special education tracks at higher rates, and neglecting students who are not fluent inEnglish. These inequities are taken for granted within the school system, making the (...) inevitable outcome, achievement gaps between White and non-Whitestudents, seem natural and inevitable. Bourdieu calls this process of making arbitrary differences seem natural “symbolic violence.” Two recent federalinterventions, No Child Left Behind and Race to the Top, have the potential to provide tools for combating this symbolic violence. However, each is designedaround flawed premises which inhibit that potential, which we explore in the context of teacher education. (shrink)

The application of machine-learning technologies to medical practice promises to enhance the capabilities of healthcare professionals in the assessment, diagnosis, and treatment, of medical conditions. However, there is growing concern that algorithmic bias may perpetuate or exacerbate existing health inequalities. Hence, it matters that we make precise the different respects in which algorithmic bias can arise in medicine, and also make clear the normative relevance of these different kinds of algorithmic bias for broader questions about justice and fairness in healthcare. (...) In this paper, we provide the building blocks for an account of algorithmic bias and its normative relevance in medicine. (shrink)

: Critics have suggested that deliberative democracy reproduces inequalities of gender, race, and class by privileging calm rational discussion over passionate speech and action. Their solution is to supplement deliberation with such forms of emotional expression. Hall argues that deliberation already inherently involves passion, a point that is especially important to recognize in order to deconstruct the dichotomy between reason and passion that plays a central role in reinforcing inequalities of gender, race, and class in the first place.

Critics have suggested that deliberative democracy reproduces inequalities of gender, race, and class by privileging calm rational discussion over passionate speech and action. Their solution is to supplement deliberation with such forms of emotional expression. Hall argues that deliberation already inherently involves passion, a point that is especially important to recognize in order to deconstruct the dichotomy between reason and passion that plays a central role in reinforcing inequalities of gender, race, and class in the first place.

Like American politics, the academic debate over justice is polarized, with almost all theories of justice falling within one of two traditions: egalitarianism and libertarianism. This book provides an alternative to the partisan standoff by focusing not on equality or liberty, but on the idea that we should give people the things that they deserve. Mulligan argues that a just society is a meritocracy, in which equal opportunity prevails and social goods are distributed strictly on the basis of merit. That (...) gives citizens their just deserts. In addition to its novel conceptual approach, meritocracy is distinctive from existing work in two ways. First, it is grounded in research on how people actually think about justice. Empirical research reveals that people don't think that social goods should be distributed equally. Nor do they dismiss the idea of social justice. Across ideological and cultural lines, people want rewards to reflect merit. Second, the book discusses hot-button political issues and makes concrete policy recommendations. These issues include anti-meritocratic bias against women and racial minorities and the United States’ widening economic inequality. Justice and the Meritocratic State offers a new theory of justice and provides solutions to our most vexing social and economic problems. It will be of keen interest to philosophers, economists, and political theorists. (shrink)

The problem with many archives is that they are searchable only by supplementary metadata, rather than secondary metadata ; information about a visual object is not always reliable, especially when it comes to Black Canadians. Supplementary metadata in Canadian archives are not classified by race or ethnicity, thus, the very structure of the archive erases from public memory the lived experiences of Black Canadians. Given the move toward digitization over the last fifteen years, the importance of the archive has become (...) a topic of discussion. Since the public can now search through on-line collections, the need to protect and promote material archives has never been more important. This paper will explore the question of the archive-as-subject, rather than archive-as-source, through storytelling. Storytelling is one of the many cultural expressions that have connected Black populations. Using first-person narrative, I give examples from my ten-year-long experience working in Black Canadian archives to probe how the archive can move from its depository role to become a site where memories about Black Canadian experiences across time, space, and place are curated and narrated. What are the ethical challenges around this kind of reform? (shrink)

Critics have suggested that deliberative democracy reproduces inequalities of gender, race, and class by privileging calm rational discussion over passionate speech and action. Their solution is to supplement deliberation with such forms of emotional expression. Hall argues that deliberation already inherently involves passion, a point that is especially important to recognize in order to deconstruct the dichotomy between reason and passion that plays a central role in reinforcing inequalities of gender, race, and class in the first place.

In 1920, Eugen Steinach and Paul Kammerer reported experiments showing that exposure to high temperatures altered the structure of the gonad and produced hyper-sexuality in "heat rats," presumably as a result of the increased production of sex hormones. Using Steinach's evidence that the gonad is a double gland with distinct sexual and generative functions, they used their findings to explain "racial" differences in the sexuality of indigenous tropical peoples and Europeans. The authors also reported that heat induced anatomical changes in (...) the interstitial cells of the gonad were inherited by the heat rats' descendants. Kammerer used this finding to link endocrinology to his long-standing interest in the inheritance of acquired characteristics. The heat rats supported his hypothesis that the interstitial cells of the double gland were the mechanism of somatic induction in the inheritance of acquired characteristics. The Steinach-Kammerer collaboration, Kammerer's use of Steinach's "puberty gland" to explain somatic induction, and his endocrine analysis of symbiosis reveal Paul Kammerer's late career attempt to integrate endocrinology and genetics with the political ideals of Austrian socialism. With them he developed a bioethics that challenged the growing reliance on race in eugenics and instead promoted cooperation over competition in evolution. I relate his attempt to the controversies surrounding the interstitial cells, to the status of extra-nuclear theories of heredity, and to Kammerer's commitment to Austromarxist social reforms during the interwar period. (shrink)

This Handbook defines, illustrates, and challenges the field of environmental political theory. Through a broad range of approaches, it shows how scholars have used concepts, methods, and arguments from political theory and closely related disciplines to address contemporary environmental problems. Topics include the relationship of EPT to traditions of political thought; EPT conceptualizations of nature, the environment, community, justice, responsibility, rights, and flourishing; explorations of the structures that constrain or enable the achievement of environmental ends; and analyses of methods for (...) fostering environmental change. (shrink)

With Jan Degenaar and Kevin O’Regan’s (D&O) critique of (what they call) ‘autopoietic enactivism’ as point of departure, this article seeks to revisit, refine, and develop phenomenology’s significance for the enactive view. Arguing that D&O’s ‘sensorimotor theory’ fails to do justice to perceptual meaning, the article unfolds by (1) connecting this meaning to the notion of enaction as a meaningful co-definition of perceiver and perceived, (2) recounting phenomenological reasons for conceiving of the perceiving subject as a living body, and (3) (...) showing how the phenomenological perspective does a better job at fulfilling D&O’s requirement for grounding notions of mentality in ‘outer’ criteria than they do. The picture that thus emerges is one of perceptual meaning as an integration of lived, living, and behavioral aspects – a structure of behavior that cannot be captured by appeal to sensorimotor capacities alone but that is adequately illuminated by the enactive notion of adaptive autonomy. (shrink)

Violence risk assessment tools are increasingly used within criminal justice and forensic psychiatry, however there is little relevant, reliable and unbiased data regarding their predictive accuracy. We argue that such data are needed to (i) prevent excessive reliance on risk assessment scores, (ii) allow matching of different risk assessment tools to different contexts of application, (iii) protect against problematic forms of discrimination and stigmatisation, and (iv) ensure that contentious demographic variables are not prematurely removed from risk assessment tools.

The levelling down objection is the most serious objection to the principle of equality, but we think it can be conclusively defeated. It is serious because it pits the principle of equality squarely against the welfares of the persons whose welfares or resources are equalized. It suggests that there is something perverse about the principle of equality. In this paper, we argue that levelling down is not an implication of the principle of equality. To show this we offer a defence (...) of, and partial elaboration of, what we call a common good conception of the principle of equality, which principle favours states in which everyone is better off to those in which everyone is worse off. We contrast this with what we call a purely structural conception of the principle of equality. The common good conception of equality involves two basic components: (1) in each circumstance there exists an ideal egalitarian distribution, which distributes equally all the available good in the distribution with the highest average welfare and (2) in evaluating how just the world is, it will matter how far the actual distribution is from the ideal distribution. The ideal egalitarian distribution in the circumstance is Pareto optimal and the approximation rule implies that Pareto superior states are less unjust than Pareto inferior states. 1. (shrink)

Despite a high and growing global average income, billions of human beings are still condemned to lifelong severe poverty with all its attendant evils of low life expectancy, social exclusion, ill health, illiteracy, dependency, and effective enslavement. We citizens of the rich countries are conditioned to think of this problem as an occasion for assistance. Thanks in part to the rationalizations dispensed by our economists, most of us do not realize how deeply we are implicated, through the new global economic (...) order our states have imposed, in this ongoing catastrophe. My sketch of how we are so implicated follows the argument of my book, World Poverty and Human Rights, but takes the form of a response to the books critics. (shrink)

Criminal offenders are sometimes required, by the institutions of criminal justice, to undergo medical interventions intended to promote rehabilitation. Ethical debate regarding this practice has largely proceeded on the assumption that medical interventions may only permissibly be administered to criminal offenders with their consent. In this article I challenge this assumption by suggesting that committing a crime might render one morally liable to certain forms of medical intervention. I then consider whether it is possible to respond persuasively to this challenge (...) by invoking the right to bodily integrity. I argue that it is not. (shrink)

Crime-preventing neurointerventions (CPNs) are increasingly being used or advocated for crime prevention. There is increasing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Recent developments suggest that we may ultimately have at our disposal a range of drugs capable of suppressing violent aggression, and it is not difficult to imagine possible applications of such drugs in crime prevention. But should neurointerventions be used in (...) crime prevention, and may the state ever permissibly impose CPNs as part of the criminal justice process? It is widely thought that preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, restrictive of basic freedoms, and harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, highly restrictive of freedom of movement and association, and rarely more than modestly effective at preventing recidivism. Neurointerventions hold the promise of preventing recidivism in ways that are more effective and more humane, but the use of CPNs in criminal justice raises several ethical concerns. CPNs could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought, and humanity has a track record of misguided, harmful, and unwarrantedly coercive use of neurotechnological ‘solutions’ to criminality. This collection brings together original contributions from emerging scholars and internationally renowned moral and political philosophers to address these issues. (shrink)

A dominant area of inquiry within intergenerational ethics concerns how goods ought to be justly distributed between noncontemporaries. Contractualist theories of justice that have broached these discussions have often centered on the concepts of mutual advantage and reciprocal cooperation between rational, self‐interested beings. However, another prominent reason that many in the present feel that they have obligations toward future generations is not due to self‐interested reciprocity, but simply because they care about what happens to them. Care ethics promises to be (...) conceptually well‐suited for articulating this latter reason: given that future generations are in a perpetual condition of dependency on present‐day people's actions, this is precisely the kind of relational structure that care theorists should be interested in morally evaluating. Unfortunately, the care literature has been largely silent on intergenerational ethics. This article aims to advance this literature, offering the blueprints of what a care ethic concerning future generations—a “future care ethic”—should look like. The resultant ethic defends a sufficientarian theory of obligation: people in the present ought to ensure the conditions needed to encourage and sustain a world that enables good caring relations to flourish. (shrink)

One‐third of all human deaths are due to poverty‐related causes, to malnutrition and to diseases that can be prevented or cured cheaply. Yet our politicians, academics, and mass media show little concern for how such poverty might be reduced. They are more interested in possible military interventions to stop human rights violations in developing countries, even though such interventions – at best – produce smaller benefits at greater cost. This Western priority may be rooted in self‐interest. But it engenders, and (...) is sustained by, a deeply flawed moral presentation of global economic cooperation. The new global economic order we impose aggravates global inequality and reproduces severe poverty on a massive scale. On any plausible understanding of our moral values, the prevention of such poverty is our foremost responsibility. (shrink)

Traditional means of crime prevention, such as incarceration and psychological rehabilitation, are frequently ineffective. This collection considers how crime preventing neurointerventions could present a more humane alternative but, on the other hand, how neuroscientific developments and interventions may threaten fundamental human values.

This article considers what can be learned regarding the ethical acceptability of intrusive interventions intended to halt the spread of infectious disease (‘Infection Control’ measures) from existing ethical discussion of intrusive interventions used to prevent criminal conduct (‘Crime Control’ measures). The main body of the article identifies and briefly describes six objections that have been advanced against Crime Control, and considers how these might apply to Infection Control. The final section then draws out some more general lessons from the foregoing (...) analysis for the ethical acceptability of different kinds of Infection Control. (shrink)

Decision-makers face severe uncertainty when they are not in a position to assign precise probabilities to all of the relevant possible outcomes of their actions. Such situations are common—novel medical treatments and policies addressing climate change are two examples. Many decision-makers respond to such uncertainty in a cautious manner and are willing to incur a cost to avoid it. There are good reasons for taking such an uncertainty-averse attitude to be permissible. However, little work has been done to incorporate it (...) into an egalitarian theory of distributive justice. We aim to remedy this lack. We put forward a novel, uncertainty-averse egalitarian view. We analyse when the aims of reducing inequality and limiting the burdens of severe uncertainty are congruent and when they conflict, and highlight practical implications of the proposed view. We also demonstrate that if uncertainty aversion is permissible, then utilitarians must relinquish a favourite argument against egalitarianism. (shrink)

Following the tradition of classical liberalism, Kant's political philosophy and theory of justice focus on the relation between individual freedom, as the central value of political life, and the state, whose primary normative function is both to restrain and protect individual liberty. In this accessible interpretation of Kant's political philosophy, Allen D. Rosen focuses on the relation among justice, political authority (the state), and individual liberty. He offers interpretations of the ethical bases of Kant's view of justice, of the structure (...) of his taxonomy of duties, and of his understanding of social welfare legislation. Arguing against the grain of much recent scholarly commentary, Rosen asserts that Kant's principles of justice are direct corollaries of the Categorical Imperative and that Kant does not support an absolute or even near-absolute duty of obedience to governments. He also maintains that Kant has principled and important reasons for repudiating a right of revolution and that Kant is not, as he is almost always taken to be, an advocate of the nightwatchman or minimal state. The Kant that emerges from Rosen's pages is an appealing and surprisingly modern philosopher, whose preoccupation with individual freedom still resonates in contemporary political and philosophical debates, and whose attempts to define the proper limits of individual liberty remain relevant even at the end of the twentieth century. (shrink)

As the world is getting increasingly connected and interdependent it becomes clear that the world’s most pressing public problems such as poverty or global warming call for cross-sector solutions. The paper discusses the idea of business leaders acting as agents of world benefit, taking an active co-responsibility in generating solutions to problems. It argues that we need responsible global leaders who are aware of the pressing problems in the world, care for the needs of others, aspire to make this world (...) a better place, and act in word and deed as global and responsible citizens. The argument is structured as follows: first, in highlighting some leadership challenges we discuss why it takes a responsible, global, and ultimately cosmopolitan mindset to enhance human values on a global scale. Second, we define more specifically responsible global leadership and the (potential) role of business leaders acting as agents of world benefit. Third, drawing on latest research on cosmopolitanism, we discuss the hallmarks of contemporary cosmopolitanism. Fourth, and concluding our argument, we propose key cosmopolitan business principles to help leaders build a more inclusive world. (shrink)

The aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental (...) disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal with this group of people, called Advance criminal responsibility. The basic idea being that if a person with a potentially responsibility exempting psychiatric condition refuses care, that person is responsible for any future criminal acts which are due to the mental disorder. (shrink)

In some jurisdictions, the institutions of criminal justice may subject individuals who have committed crimes to preventive detention. By this, I mean detention of criminal offenders (i) who have already been punished to (or beyond) the point that no further punishment can be justified on general deterrent, retributive, restitutory, communicative or other backwardlooking grounds, (ii) for preventive purposes—that is, for the purposes of preventing the detained individual from engaging in further criminal or otherwise socially costly conduct. Preventive detention, thus understood, (...) shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing (usually severe) constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained individual deserves no detention (or so I will, for the moment, assume), and in preventive detention, the individual has already endured any detention that can be justified by reference to desert. Both interventions are, in contrast to civil commitment under mental health legislation, normally imposed on more-or-less fully autonomous individuals. And both interventions are intended to reduce the risk that the constrained individual poses to the public. Yet despite these similarities, preventive detention and quarantine have received rather different moral report cards. (shrink)

Justice makes demands upon us. But these demands, important though they may be, are not the only moral demands that we face. Our lives ought to be responsive to other values too. However, some philosophers have identified an apparent tension between those values and norms, such as justice, that seem to transcend the arena of small-scale interpersonal relations and those that are most at home in precisely that arena. How, then, are we to engage with all of the values and (...) norms that we take to apply to us? In this article, I discuss one way that we might hope to resolve the tension and its relation to John Rawls's `basic structure restriction'. The prospect of resolution is offered by the idea of a `division of moral labour', according to which the pursuit of certain values is assigned to institutions and not to individuals. According to Rawls's basic structure restriction, principles of justice are applicable only to the institutions of the basic structure of society. The possibility of a connection between the division of moral labour and the basic structure restriction readily suggests itself. Taking G.A. Cohen's well-known `incentives' critique of the basic structure restriction as a starting point, I consider five ways in which that restriction might be defended by appeal to the division of moral labour. I conclude that none of these defences succeeds, for none convinces that the conditions in which it makes sense to apply the division of moral labour idea obtain for Rawls's conception of distributive justice. Although the division of moral labour is an attractive proposal, it can do no work in a Rawlsian context. Key Words: Cohen • distributive justice • egalitarian ethos • equality • Rawls. (shrink)

In Greek mythology, the Chimera is a fire-breathing monster with three heads: one of a lion, one of a horned goat, and one of a powerful dragon. Of similar construction is the presence of three structures in US society, whiteness, patriarchy, and capitalism, which are overwhelmingly represented, valued, and espoused when examining areas of progress, i.e., family income, poverty rates, high school and college graduation rates, and home ownership. This modern American three-headed beast controls, manipulates, and permeates all aspects of (...) US society irrespective of class, culture, or gender. Using critical race theory and critical whiteness studies, this critically interpretive parable draws from the ways in which whiteness, patriarchy, and capitalism function in social, cultural, economic, and educational spheres. The parable tells the story of Sue Libertad and analyzes how this metaphorical Chimera, despite its ubiquity, silently permeates all aspects of her life. Not until a tragic outbreak occurs, does the hegemony of this chimera erodes and Sue. (shrink)

The discourse of hate crime has come to Europe, supported not least by international human rights actors and security and policy organisations. In this article, I argue that there is a need for a philosophical response to challenging claims about the conceptualisation and classification of hate crime. First, according to several scholars, hate crime is extraordinarily difficult to conceptualise and there is a fatigue among practitioners caused by the lack of clarity and consensus in the field. I agree that there (...) is a need, not for additional definitions, but for a more comprehensive conceptual framework, that may help us think more clearly about given definitions of hate crime; about their basic structure, cross-cutting problems, and possible variations. Supplying such a conceptual perspective represents a timely task for applied philosophy. I engage with this by offering a four-tiered concept of hate crime. Second, the involvement of human rights actors in the consolidation of hate crime law and policy in Europe has supported the classification of hate crime as a human rights violation. Ultimately, what is at stake is not only our understanding of hate crime, but also our maintenance of a precise and pointed discourse on human rights violations. I argue that we should hesitate or even abstain from classifying hate crime as a human rights violation, and that doing so is compatible with taking both hate crimes and human rights seriously. (shrink)

The increasingly widespread expression "global justice" marks an important shift in the structure of moral discourse. Traditionally, international relations were seen as sharply distinct from domestic justice. First, it focused on interactions among states, and later, evaluated the design of a national institutional order in light of its effects on citizens. Such institutional moral analysis is becoming applied to supranational institutional arrangements, nowadays more pervasive and important for the life prospects of individuals. The traditional lens suggested fair agreements among states. (...) The new lens shows that the global institutional order is unfair because it enriches elites in both rich and poor countries and perpetuates the oppression and impoverishment of the majority. (shrink)

The ‘learning society’ expresses principles of a universal humanity and a promise of progress that seem to transcend the nation. The paper indicates how this society is governed in the name of a cosmopolitan ideal that despite its universal pretensions embodies particular inclusions and exclusions. These occur through inscribing distinctions and differentiations between the characteristics of those who embody a cosmopolitan reason that brings social progress and personal fulfilment and those who do not embody the cosmopolitan principles of civility and (...) normalcy. Mapping the circulation of the notion of the ‘learning society’ in arenas of Swedish health and criminal justice, and Swedish and US school reforms is to examine the mode of life of the citizen of this society, the learner, as an ‘unfinished cosmopolitanism’ and also directs attention to its ‘other’—those that are outside. (shrink)

Interventions that modify a person’s motivations through chemically or physically influencing the brain seem morally objectionable, at least when they are performed nonconsensually. This chapter raises a puzzle for attempts to explain their objectionability. It first seeks to show that the objectionability of such interventions must be explained at least in part by reference to the sort of mental interference that they involve. It then argues that it is difficult to furnish an explanation of this sort. The difficulty is that (...) these interventions seem no more objectionable, in terms of the kind of mental interference that they involve, than certain forms of environmental influence that many would regard as morally innocuous. The argument proceeds by comparing a particular neurointervention with a comparable environmental intervention. The author argues, first, that the two dominant explanations for the objectionability of the neurointervention apply equally to the environmental intervention, and second, that the descriptive difference between the environmental intervention and the neurointervention that most plausibly grounds the putative moral difference in fact fails to do so. The author concludes by presenting a trilemma that falls out of the argument. (shrink)

Global Ethics, along with its companion volume Global Justice, will aid in the study of global justice and global ethical issues with significant global dimensions. Some of those issues directly concern what individuals, countries, and other associations ought to do in response to various global problems, such as poverty, population growth, and climate change. Others concern the concepts that are commonly used to discuss such issues, such as "development" and "human rights." And still others concern the legitimacy of various phenomena (...) that structure the global scene, such as national borders, the institutions of national sovereignty and self-determination, and attitudes such as nationalism and patriotism. In recent decades, literature on such issues has started to build up in the Western philosophical tradition. Until now, though, no up-to-date sample of this literature has been available to students and other interested parties. These two books, companion volumes sold separately, fill this gap by providing a sample of the best recent work on these themes. (shrink)

This paper argues against the view favored by many contemporary scholars that corrective justice in the Nicomachean Ethics is essentially compensatory and in favor of a bifunctional account according to which corrective justice aims at equalizing inequalities of both goods and evils resulting from various interactions between persons. Not only does the account defended in this paper better explain the broad array of examples Aristotle provides than does the standard interpretation, it also better fits Aristotle’s general definition of what is (...) just. In the last section, the paper argues, again against the standard interpretation, that proportional reciprocity, the kind of justice discussed in Nicomachean Ethics V.5, has two forms and is closely linked to corrective justice. Although corrective justice and proportional reciprocity are conceptually distinct and do different work in Aristotle’s political philosophy, instances of proportional reciprocity are instantiated by instances of corrective justice. This linkage, the paper concludes, helps to explain why Aristotle would assign corrective justice such a prominent place in his theory of justice. (shrink)

Public justification in political liberalism is often conceptualized in light of Rawls’s view of its role in a hypothetical well-ordered society as an ideal or idealizing form of justification that applies a putatively reasonable conception of political justice to political matters. But Rawls implicates a different idea of public justification in his doctrine of general reflective equilibrium. The paper engages this second, more fundamental idea. Public justification in this second sense is actualist and fundamental. It is actualist in that it (...) fully enfranchises actual reasonable citizens. It is fundamental in that political liberalism qualifies conceptions of political justice as reasonable to begin with only if they can be accepted coherently by actual reasonable citizens. Together, these features invite the long-standing concern that actualist political liberalism is objectionably exclusionary. I argue that the exclusion objection, while plausible, is more problematic in own right than it seems if actualist and fundamental public justification hypotheticalizes and discursive respect is compatible with substantive discursive inequality. This leaves proponents and critics of political liberalism with deeper questions about the nature of permissible discursive inequality in public justification. (shrink)

This chapter sets the scene for the subsequent philosophical discussions by surveying a number of biological interventions that have been used, or might in the future be used, for the purposes of crime prevention. These interventions are pharmaceutical interventions intended to suppress libido, treat substance abuse or attention deficit-hyperactivity disorder (ADHD), or modulate serotonin activity; nutritional interventions; and electrical and magnetic brain stimulation. Where applicable, we briefly comment on the historical use of these interventions, and in each case we discuss (...) the evidence that they are effective, or might become so with further refinement. The chapter concludes with a comment on some potentially significant differences between the varieties of intervention that we canvass. (shrink)

Batman is allied with modern natural law in the way he relies upon reason to bring about his vision of ‘true justice’, operating as a force external to law. This vision of justice is a protective one, with Batman existing as a guardian—a force for resistance against the corruption of the state and the failures of the legal system. But alongside his rational means, Batman also employs violence as he moves beyond the boundaries of the civilised state into the dark (...) and violent world outside law’s protection. He thus sacrifices his own safety to ensure the safety of others—he is a Dark Knight, a sentinel, fighting the nasty and brutish underworld of criminality in his effort to bring rational order to the world and protect the people of Gotham from criminal harm. This fight for justice is fuelled by a deeply private trauma: the murder of Bruce Wayne’s parents: a private desire for vengeance that Batman transcends. In navigating Batman’s jurisprudential dimensions, we are ultimately reminded that private desires and motivations are enfolded within the public structures of justice. (shrink)

Five arguments are presented in favour of the proposal that people who opt in as organ donors should receive a tax break. These arguments appeal to welfare, autonomy, fairness, distributive justice and self-ownership, respectively. Eight worries about the proposal are considered in this paper. These objections focus upon no-effect and counter-productiveness, the Titmuss concern about social meaning, exploitation of the poor, commodification, inequality and unequal status, the notion that there are better alternatives, unacceptable expense, and concerns about the veto of (...) relatives. The paper argues that none of the objections to the proposal is very telling. (shrink)

Post-9/11, concern about bioterrorism has transformed public health from unappreciated to a central component of national security. Within the War on Terror, bioterrorism preparedness has taken a back seat only to direct military action in terms of funding. Domestically, homelessness, joblessness, crime, education, and race relations are just a few of a litany of pressing issues requiring government attention. Even within the biomedical sciences and healthcare, issues surrounding the fact that more than 40 million Americans lack health insurance, the rising (...) cost of prescription medications, and the use of government funds for research using embryonic stem cells remain unresolved. Should we prioritize a hypothetical threat (bioterrorism), or existing conditions that have implications for identifiable individuals? Even more fundamentally, should we prioritize research aimed at defense from bioterrorism (or even terrorism in general) when there are so many pressing social problems that affect the U.S. population? (shrink)

In 2014, American doctor Ian Crozier chose to travel to Sierra Leone to help fight the West African Ebola epidemic. He contracted Ebola himself and was evacuated to the US, where he received hospital treatment for 40 days. Crozier knowingly chose to expose himself to a risk of contracting Ebola, and thus appears to be at least somewhat morally responsible for his infection. Did this responsibility weaken his justice-based claim to publicly funded treatment? On one influential view—luck egalitarianism—the answer is (...) ‘yes’. Or so Albertsen and Thaysen suggest in this issue.1 According to luck egalitarianism, justice requires the elimination of inequalities between people, but only when the relative harm borne by those on the wrong end of the inequality is a matter of luck. Albertsen and Thaysen understand luck egalitarianism to entail that, when one is responsible for befalling a harm, one has no claim in justice to the mitigation of that harm. On this view, they suggest, Crozier’s claim to treatment would be similar to that of a reckless Alpine skier who is injured in a skiing accident, and would be weaker than that of those with a normal claim to treatment—those who bear no responsibility for their illness. Both of these implications seem implausible, however. Intuitively, Crozier’s claim to treatment is no weaker than those with normal claims, and certainly stronger than the reckless skier’s. Can luck egalitarianism be ‘adjusted or interpreted’ so as to avoid these implausible implications? The authors suggest that it can. Their innovation is to distinguish heroic doctors like Crozier from reckless skiers by invoking a distinction between being responsible for creating harm and for incurring harm. Their thought is that one creates harm when one brings harm on oneself without also preventing at least as much harm to others. Thus, the harm that …. (shrink)

This paper critically examines John Mark Mattox's view of the nature of the moral appropriateness of particular response options. By so doing, I aim to engage the wider readership in a debate, which I hope leads to greater clarity and precision of thinking on these topics. After summarizing Mattox's view, I argue first that in order for Mattox's ultimate conclusion to hold in moral terms, he must abandon the argument on the permissibility of nuclear reprisal to re-establish nuclear deterrence and (...) instead anchor this response solely on the moral grounds of retributive justice. Secondly, I argue that the morally superior and politically efficacious counter-nuclear terrorist response is to hunt down the nuclear terrorists and hold them accountable for war crimes in the International Criminal Court. This response is consistent with just war theoretic principles, and it also affirms the moral virtues of honor, dignity, and humane treatment in contexts where they are needed the most? the holocausts of nuclear terrorist attacks. (shrink)

Social scientific reasoning (SSR) is essential to social science education and to a democratic society as a whole. Students are challenged to analyze and reason about social problems such as social inequality, crime, and poverty. However, students experience difficulties with SSR. This study addresses the research question: Which design principles can guide teachers in designing lessons that promote social scientific reasoning? In this design-based research, four social science teachers employed a conceptualization of SSR and its levels together with three initial (...) design principles to develop curriculum materials and activities. These design principles and curriculum materials were piloted in two secondary education classes (9th and 10th grades) and evaluated by four social science teachers, four social science teacher educators and 90 students. The study produced six design principles that can promote students’ SSR. In combination with the curriculum materials, those design principles can help develop teachers’ pedagogical content knowledge and guide the design of tasks and units that develop SSR. (shrink)

Augustine’s important work De uera religione has been frequently read for its Neoplatonic resonances. However, there is much in the work that cannot be reduced to this reading. Themes such as the importance of the common and public dimension of uera religio, the significance of history, and the function of ‘true religion’ toward the training and renewal of the whole human, are topoi that reveal the dynamic structure of the work. A consideration of these themes in uera rel. brings into (...) full relief Augustine’s answer to why God acted in time and through history for the whole human race and helps to explain Augustine’s complex articulation of Christianity in the work. (shrink)