In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational (...) issues about health and justice. How much inequality in health can a just society tolerate. The audience for the book is scholars and students of bioethics and moral and political philosophy, as well as anyone interested in public health and health policy. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors (...) put it: "...we propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

Can computer systems ever be considered moral agents? This paper considers two factors that are explored in the recent philosophical literature. First, there are the important domains in which computers are allowed to act, made possible by their greater functional capacities. Second, there is the claim that these functional capacities appear to embody relevant human abilities, such as autonomy and responsibility. I argue that neither the first (Domain-Function) factor nor the second (Simulacrum) factor gets at the central issue in (...) the case for computer moral agency: whether they can have the kinds of intentional states that cause their decisions and actions. I give an account that builds on traditional action theory and allows us to conceive of computers as genuine moral agents in virtue of their own causally efficacious intentional states. These states can cause harm or benefit to moral patients, but do not depend on computer consciousness or intelligence. (shrink)

: The increasing reliance upon, and perhaps the growing public and professional skepticism about, the special expertise of bioethicists suggests the need to consider the limits of moral expertise. For all the talk about method in bioethics, we, bioethicists, are still rather far off the mark in understanding what we are doing, even when we may be going about what we are doing fairly well. Quite often, what is most fundamentally at stake, but equally often insufficiently acknowledged, are inherently (...) political, essentially contested visions of the most compelling and attractive forms of life for individuals and social organization. The current situation in bioethics parallels similar debates in eighteenth-century jurisprudence, especially Jeremy Bentham's withering critique of the prevalent forms of judicial argument and his own, equally unsuccessful, attempt to develop a decision-making procedure in ethics that would operate on a plane above politics. The risk, both then and now, is that we will fail to appreciate the wide range of reasonable disagreement that will remain past the point of extended reflection and discussion. (shrink)

Modern life is full of examples of environmentally-mediated “group harms” – what Derek Parfit describes as harms produced by “what we all do together.” Typically, the harms are unintended and arise from the uncoordinated actions of many individuals. Their actions ordinarily are not inherently wrong, no one’s action causes harm to an identifiable individual, and prevention of the expected harm is unlikely unless all, or nearly everyone, reduce or cease to engage in activities that collectively and cumulatively result in harm. (...) Unless the individual’s action is likely to make a difference to the outcome, it is often argued that it is not clear what, if anything, makes it wrong or a breach of personal moral responsibility. Activities that result in climate change and agricultural practices commonly employed within the global system of food production are prominent examples. There are several well-known strategies for dealing with such cases, but often they rest on idealized assumptions regarding the impact that one individual can have, provide answers suitable only in counterfactual circumstances, or rely on the kinds of principles of justice that make it difficult to identify clearly and address directly many important moral problems. The task of this chapter is to examine these strategies and propose alternative freestanding practical principles that can guide our efforts to address the world as we find it and explain the sense of wrongness individuals often experience. (shrink)

Beginning with the well-knowncyber-rape in LambdaMOO, I argue that it ispossible to have real moral wrongs in virtualcommunities. I then generalize the account toshow how it applies to interactions in gamingand discussion communities. My account issupported by a view of moral realism thatacknowledges entities like intentions andcausal properties of actions. Austin's speechact theory is used to show that real people canact in virtual communities in ways that bothestablish practices and moral expectations, andwarrant strong identifications betweenthemselves and their (...) online identities. Rawls'conception of a social practice is used toanalyze the nature of the wrong and thestage-setting aspect of engaging in a practice. (shrink)

For many, the case of the Exxon Valdez oil spill has become a symbol of unethical corporate behavior. Had Exxon’s managers not callously pursued their own interests at the expense of the environment and other parties, the accident would not have happened. In this paper, we (1) present a short case study of the Valdez incident; (2) argue that many analyses of the case either ignore or fail to give sufficient weight to the uncertainties managers often face when they make (...) decisions; and (3) propose a framework for moral management grounded in principles of communicative ethics, moral dialogue, and in the non-traditional ideas of many current management and behavioral decision theorists. From this view, the moral manager is not expected to know the “correct” answer to every ethical issue, but rather to participate responsibly in an open dialogue with other interested parties. (shrink)

Examines the moral and political philosophies of John Locke in comparison with his predecessors and contemporaries such as Hobbes and Filman.

For many, the case of the Exxon Valdez oil spill has become a symbol of unethical corporate behavior. Had Exxon’s managers not callously pursued their own interests at the expense of the environment and other parties, the accident would not have happened. In this paper, we (1) present a short case study of the Valdez incident; (2) argue that many analyses of the case either ignore or fail to give sufficient weight to the uncertainties managers often face when they make (...) decisions; and (3) propose a framework for moral management grounded in principles of communicative ethics, moral dialogue, and in the non-traditional ideas of many current management and behavioral decision theorists. From this view, the moral manager is not expected to know the “correct” answer to every ethical issue, but rather to participate responsibly in an open dialogue with other interested parties. (shrink)

Many of the contemporary disagreements regarding privacy are conceptual in nature. They concern the meaning or definition of privacy and the analytic basis of distinguishing privacy rights from other kinds of rights recognized within moral, political, or legal theories. The two main alternatives within this debate include reductionist views, which seek a narrow account of the kinds of invasions or intrusions distinctly involving privacy losses, and anti-reductionist theories, which treat a much broader array of interferences with a person as (...) separate and irreducible kinds of privacy invasions. Other theorists have expressed doubts about the prospects for achieving greater analytical precision even within a fairly expansive anti-reductionist approach. However, a reductionist privacy definition is defended in this article, and its primary theoretical virtues are its ability to unify and explain the insights of several competing definitions and its role in developing an account of privacy rights that is both internally coherent and consistent with a plausible understanding of the theoretical basis for a number of related rights. (shrink)

The moral permissibility of organ transplantation is taken for granted by most biomedical ethicists and practitioners. Of contemporary concern is not whether, but by what arrangements, we ought to allow organ transplantation. Should we institute markets for organs, thereby increasing their availability and saving many lives? Should organs be sold to the highest bidder? Should we allow the post mortem taking of organs without prior consent? Among moral theorists, the Kantians are suspected of being the least enthusiastic with (...) respect to these and similar questions. I will show the elements in Kant's theory that account for this lack of enthusiasm and how contemporary Kantians might answer questions about the permissibility of various arrangements for organ transplantation. I will argue that Kant would have had a permissive position on organ transplantation post mortem and a restrictive position on organ markets. These results will be based on a broader Kantian view of obligations to the body which stem from a non-formal theory of value. This non-formal theory, I will argue, is at the foundation of Kantian ethics. (shrink)

: The focus of questions of justice in health policy has shifted during the last 20 years, beginning with questions about rights to health care, and then, by the late 1980s, turning to issues of rationing. More recently, attention has focused on alternatives to cost-effectiveness analysis. In addition, health inequalities, and not just inequalities in access to health care, have become the subject of moral analysis. This article examines how such trends have transformed the philosophical landscape and encouraged some (...) in bioethics to seek guidance on normative questions from outside of the contours of traditional philosophical arguments about justice. (shrink)

Approaches to programming ethical behavior for computer systems face challenges that are both technical and philosophical in nature. In response, an incrementalist account of machine ethics is developed: a successive adaptation of programmed constraints to new, morally relevant abilities in computers. This approach allows progress under conditions of limited knowledge in both ethics and computer systems engineering and suggests reasons that we can circumvent broader philosophical questions about computer intelligence and autonomy.

Understanding what types of issues working adults perceive as ethical in their workplaces will allow better teaching of business ethics. This study reports findings of a thematic analysis of 764 ethical challenges described by working adults in a part-time MBA program and combines its findings with the other published studies on perceptions of ethical issues in the workplace. The results indicate that most people are assured about what they describe as ethical transgressions although experts might disagree. It also highlights certain (...) issues and contexts as being more frequently perceived than others. Ideas for future research in this area are also explored. (shrink)

An important objection to many utilitarian theories is that their conceptions of utility may count as morally relevant contributions to individual well-being items which are morally or rationally suspect. For example, if the conception of utility is pleasure, or alternatively, the fulfilment of actual desire or satisfaction of preferences, then greater individual utility may be produced by whatever increases pleasure, fulfils desire, or satisfies someone's preferences. This is true no matter how disgusting or vile we may think such pleasures are, (...) or how irrational or distasteful we find the fulfilment of a desire or the satisfaction of some preference. (shrink)

In this paper I argue that many scholars involved in the contemporary free will debates have underappreciated the philosophical appeal of agent causation because the resources of contemporary emergentism have not been adequately introduced into the discussion. Whereas I agree that agent causation’s main problem has to do with its intelligibility, particularly with respect to the issue of how substances can be causally relevant, I argue that the notion of substance causation can be clearly articulated from an emergentist framework. According (...) to my proposal, a free agent is _a causally powerful substance that emerges in an anomic way from her constitutive mental events_, downwardly constraining, selecting and, in this way, having control on them. As we shall see, this particular concept of agent causation not only makes sense of the deep insight behind agent libertarianism, but it also provides us with the resources to solve some of the main objections that have been raised against it. It is true that here I cannot develop a complete defense of the evidential credentials of emergentism. Still, even if the considerations that follow do not serve to convince detractors of agent causal libertarian accounts of free will, they do suggest that libertarian agent causation is more promising than is typically acknowledged. (shrink)

The moral economics of the Islamic Action Front, the partisan wing of the original Jordanian Muslim Brotherhood, is both defined and compromised by internal inconsistency. Similar to others that might be classified as a socially conservative, religiously-oriented political party, the Islamic Action Front pledges a paternalist commitment to the poor only to undermine the already limited prospects of such paternalism through the adoption of charity-based approaches to social welfare and through their more general advocacy for economic liberalization, free markets, (...) capital mobility, and private initiative. How can one best explain both the contradictions constituting the Islamic Action Front’s economics and the political implications contained within such an economic agenda? This article will review the intersection of local class structure, party ideology, and history so to furnish an answer. (shrink)

The prelims comprise: Introduction: Promise and Perils The History of Privacy as a Moral Concept Genetic Exceptionalism The Moral Basis of Medical Privacy Rights Genetic Paternalism Conclusion.

Definitional problems in the law of rape prompted the recommendation by the Home Office Sex Offences Review Team (Setting the Boundaries: Reforming the law on sex offences, 2000) that the ‘defence’ of mistaken belief in the victim's consent should be denied to defendants unable to show that they took reasonable procedural care to establish consent: such failure would have amounted to recklessness. This article contends that this proposal did not go far enough in recognizing the moral culpability of those (...) who make unreasonable mistakes in this context, but went too far in characterizing all those making such mistakes as reckless. It contends that the mens rea of rape should be defined in terms of three degrees of culpability: first degree rape would require knowledge as to the absence of consent, whilst second degree rape would need proof of recklessness as to whether the victim consents. Third degree—i.e. negligent—rape would be subject to a defence of mistaken belief in consent, provided it could be shown that the mistake was neither procedurally nor substantively negligent. The provisions of the Government's Sexual Offences Bill, 2003, are also found wanting; they will create a law in danger of generating miscarriages of justice whilst failing to perform the law's educative function of registering the wrongness of rape. (shrink)

Featuring twenty-nine essays, thirteen of which are new to this edition, this best-selling volume examines the nature, morality, and social meanings of contemporary sexual phenomena. Topics include sexual desire, masturbation, sex on the Internet, homosexuality, transgender and transsexual issues, marriage, consent, exploitation, objectification, rape, pornography, promiscuity, and prostitution.

The COVID-19 global health emergency has greatly impacted the educational field. Faced with unprecedented stress situations, professors, students, and families have employed various coping and resilience strategies throughout the confinement period. High and persistent stress levels are associated with other pathologies; hence, their detection and prevention are needed. Consequently, this study aimed to design a predictive model of stress in the educational field based on artificial intelligence that included certain sociodemographic variables, coping strategies, and resilience capacity, and to study the (...) relationship between them. The non-probabilistic snowball sampling method was used, involving 337 people from the university education community in south-eastern Spain. The Perceived Stress Scale, Stress Management Questionnaire, and Brief Resilience Scale were administered. The Statistical Package for the Social Sciences was used to design the architecture of artificial neural networks. The results found that stress levels could be predicted by the synaptic weights of coping strategies and timing of the epidemic, with a predictive capacity of over 80% found in the neural network model. Additionally, direct and significant associations were identified between the use of certain coping strategies, stress levels, and resilience. The conclusions of this research are essential for effective stress detection, and therefore, early intervention in the field of educational psychology, by discussing the influence of resilience or lack thereof on the prediction of stress levels. Identifying the variables that maintain a greater predictive power in stress levels is an effective strategy to design more adjusted prevention programs and to anticipate the needs of the community. (shrink)

The picture of classical antiquity most of us learned in school is framed in certain ways -- glossing over misogyny while omitting the seeds of feminist resistance. Many of today's harmful practices, like school dress codes, exploitation of the environment, and rape culture, have their roots in the ancient world. But in Antigone Rising, classicist Helen Morales reminds us that the myths have subversive power because they are told -- and read -- in different ways. Through these stories, whether (...) it's Antigone's courageous stand against tyranny or the indestructible Caeneus, who inspires trans and gender queer people today, Morales uncovers hidden truths about solidarity, empowerment, and catharsis. Antigone Rising offers a fresh understanding of the stories we take for granted, showing how we can reclaim them to challenge the status quo, spark resistance, and rail against unjust regimes. (shrink)

Since some AI algorithms with high predictive power have impacted human integrity, safety has become a crucial challenge in adopting and deploying AI. Although it is impossible to prevent an algorithm from failing in complex tasks, it is crucial to ensure that it fails safely, especially if it is a critical system. Moreover, due to AI’s unbridled development, it is imperative to minimize the methodological gaps in these systems’ engineering. This paper uses the well-known Box-Jenkins method for statistical modeling (...) as a framework to identify engineering pitfalls in the adjustment and validation of AI models. Step by step, we point out state-of-the-art strategies and good practices to tackle these engineering drawbacks. In the final step, we integrate an internal and external validation scheme that might support an iterative evaluation of the normative, perceived, substantive, social, and environmental safety of all AI systems. (shrink)

This original and compelling book argues that previous studies of John Stuart Mill's work have neglected his egalitarianism and thus seriously misunderstood his views. Morales demonstrates that Mill was fundamentally concerned with how the exercise of unjust or arbitrary power by some individuals over others sabotages the possibility of human well-being and social improvement. Mill therefore believed that 'perfect equality'--more than liberty--was the foundation of democracy and that democracy was a moral ideal for the organization of human life (...) in all of its dimensions. By reinterpreting Mill, Morales also challenges twentieth-century views of liberalism, and addresses its contemporary communitarian and feminist critics. (shrink)

On the powerful qualities view, every fundamental property is both dispositional and qualitative. Identity theory is the standard account of the view, which makes the stronger claim that a property’s dispositionality and qualitativity are identical to each other, and identical to the property itself. Recent defences of the powerful qualities view have involved novel theories of powerful qualities which are not also variants of identity theory. Giannotti (Erkenntnis 86:603–621, 2021a) has suggested a novel theory of his own, the dual aspect (...) account, which makes use of a particular notion of aspects. For Giannotti, dispositionality and qualitativity are each an aspect of a property, and an aspect is a property’s way of being. The importance of aspects is twofold. Firstly, by introducing aspects to identity theory, the theory becomes more precise. Secondly, aspects allow for a novel theory of powerful qualities, the dual aspect account, which maintains that dispositionality and qualitativity are aspects, but rejects the identity claim. Giannotti’s aim is to show that even if identity theory is false, the dual aspect account remains an available theory for advocates of powerful qualities. This paper will be a critical examination of Giannotti’s ideas. Firstly, I will clarify Giannotti’s notion of aspects, explaining how it involves a misunderstanding of supervenience, and why it does not offer the advantages that he claims it does. Secondly, in light of my discussion of aspects, I will argue that the dual aspect account lacks relative advantages over the compound view of powerful qualities. (shrink)

In this paper, we focus attention on the role of computer system complexity in ascribing responsibility. We begin by introducing the notion of technological moral action (TMA). TMA is carried out by the combination of a computer system user, a system designer (developers, programmers, and testers), and a computer system (hardware and software). We discuss three sometimes overlapping types of responsibility: causal responsibility, moral responsibility, and role responsibility. Our analysis is informed by the well-known accounts provided by Hart (...) and Hart and Honoré. While these accounts are helpful, they have misled philosophers and others by presupposing that responsibility can be ascribed in all cases of action simply by paying attention to the free and intended actions of human beings. Such accounts neglect the part played by technology in ascriptions of responsibility in cases of moral action with technology. For both moral and role responsibility, we argue that ascriptions of both causal and role responsibility depend on seeing action as complex in the sense described by TMA. We conclude by showing how our analysis enriches moral discourse about responsibility for TMA. (shrink)

Linguistic justice is about institutions distributing material and symbolic resources fairly when they are faced with linguistic diversity. However, no theory of linguistic justice has developed a systematic and comprehensive account of the moral dilemmas that take place in interpersonal linguistic relationships, in particular the power dynamics leading to (linguistic) domination. The aim of this article is to start building a general theory of linguistic domination, one that offers new conceptual tools for both empirical and normative analyses of (...) linguistically diverse societies. Using the republican tradition of thought, I argue that there is linguistic domination whenever someone is subject to the uncontrolled capacity for interference over their linguistic uses, ideology and acquisition by another agent. This article tests under what conditions this phenomenon takes place and the parties involved in it (both in terms of individuals and political institutions). (shrink)

In this article we present a notion of “logical perfection”. We first describe through examples a notion of logical perfection extracted from the contemporary logical concept of categoricity. Categoricity (in power) has become in the past half century a main driver of ideas in model theory, both mathematically (stability theory may be regarded as a way of approximating categoricity) and philosophically. In the past two decades, categoricity notions have started to overlap with more classical notions of robustness and smoothness. (...) These have been crucial in various parts of mathematics since the nineteenth century. We postulate and present the category of logical perfection. We draw on various notions of perfection from mathematics of the 19th and 20th centuries and then trace the relation to the concept of categoricity in power as a logical notion of what a “mathematically perfect” structure is. (shrink)

Franklin I. Gamwell, Existence and the good: metaphysical necessity in morals and politics Content Type Journal Article Category Book Review Pages 1-5 DOI 10.1007/s11153-012-9347-4 Authors William L. Power, Department of Religion, The University of Georgia, Athens, GA 30602, USA Journal International Journal for Philosophy of Religion Online ISSN 1572-8684 Print ISSN 0020-7047.

This study provides empirical evidence in relation to a growing body of literature concerned with the ‘socialisation’ effects of accounting and business education. A prevalent criticism within this literature is that accounting and business education in the United Kingdom and the United States, by assuming a ‘value-neutral’ appearance, ignores the implicit ethical and moral assumptions by which it is underpinned. In particular, it has been noted that accounting and business education tends to prioritise the interests of shareholders above all (...) other stakeholder groups. This paper reports on the results of a set of focus group interviews with both undergraduate accounting students and students commencing their training with a professional accounting body. The research explores their perceptions about the purpose of accounting and the objectives of business. The findings suggest that both university and professional students' views on these issues tend to be informed by an Anglo-American shareholder discourse, whereby the needs of shareholders are prioritised. Moreover, this shareholder orientation appeared to be more pronounced for professional accounting students. (shrink)

This study provides empirical evidence in relation to a growing body of literature concerned with the ‘socialisation’ effects of accounting and business education. A prevalent criticism within this literature is that accounting and business education in the United Kingdom and the United States, by assuming a ‘value‐neutral’ appearance, ignores the implicit ethical and moral assumptions by which it is underpinned. In particular, it has been noted that accounting and business education tends to prioritise the interests of shareholders above all (...) other stakeholder groups. This paper reports on the results of a set of focus group interviews with both undergraduate accounting students and students commencing their training with a professional accounting body. The research explores their perceptions about the purpose of accounting and the objectives of business. The findings suggest that both university and professional students' views on these issues tend to be informed by an Anglo‐American shareholder discourse, whereby the needs of shareholders are prioritised. Moreover, this shareholder orientation appeared to be more pronounced for professional accounting students. (shrink)

1492. The American continent was drawing Europeans on. Some saw in it the chance of a utopia, others saw it as utopia already coming about, in its natural state. All at once two processes of domination were triggered: one supported by the force of arms, and the other by the power of ideas and beliefs. If the defenders of utopian thinking were able to create a lasting achievement, it is because they managed to make their ideas fit with the (...) principles governing the social life of the indigenous peoples: thus a substantial part of what remains from the period of Don Vasco de Quiroga had preceded it. Cultures will not be able to transcend nationalisms and rise to the level of concerns shared by the whole of humanity until they can stand up for their own particular character against ‘globalizing’ trends. (shrink)

I put equality at the center of John Stuart Mill's practical philosophy. His principle of "perfect equality" embodies a substantive relational ideal, which I call "equality as reciprocity." This ideal requires removing injustices due to domination and subjection in human associations, including the family. Justice grounded on perfect equality must be the basis of personal, social, and political life, because the moral sentiments, chief among human beings' "higher" faculties, find adequate channels only under equality. Genuine happiness, which involves the (...) exercise and development of these faculties, is open only to those who relate as equals. Thus, on my account, equality as reciprocity adds substance to Mill's liberalism. ;In The Subjection of Women, Mill appealed to his view of human progress to argue for perfect equality. He maintained that this ideal is not appropriate for all times, but required for human improvement and a part of everyone's good under conditions of "modernity." Modern democratic cultures embrace such "progressive" human interests as equal justice, sympathy, and cooperation. Replacing the archaic command and obedience ethic with the nonhierarchical pattern of reciprocity would bring out human beings' "true virtue": living as equals. Inequality, and the exercise of unjust power generally, corrupts everyone's moral character and thwarts human flourishing. All other things equal, egalitarian relations are a critical part of anyone's autonomously chosen plan of life. Given human sociability, any other choice would impoverish a person's life. ;It is clear from Mill's argument for perfect equality that Mill was not a classical utilitarian. He conceived of utility broadly, as concerning progressive human interests, and argued for educating the "moral part" of human nature through just institutions and social practices. He believed that strengthening equal justice, the chief moral sentiment, is a central requirement of utility, because of the importance of other-regarding sentiments to a good human life. Thus, on my account, Mill's "enlarged" account of utility supports his substantive egalitarianism. His defense of perfect equality is utilitarian only in his idiosyncratic sense. (shrink)

ABSTRACTUsing qualitative content analysis, informed by a Critical Discourse Analysis approach, this article examines the production, content and reception of print and online media discourses concerning the 2017 ‘Welfare Cheats, Cheat Us All’ campaign in the Republic of Ireland. Our article is situated in the context of recent debates concerning the media’s role in articulating ‘disgust’ discourses focused on ‘welfare fraud’, poverty and unemployment. Central to these processes is the social construction of those who are deemed to be the ‘deserving (...) poor’ or the ‘undeserving poor’. Our corpus includes records of in-house debate within the Department of Social Protection; the campaign’s documentation; print media and on-line media coverage of the campaign. The article’s findings demonstrate the ways in which welfare ‘fraud’ is mis-represented by the state and media. It also evidences ways in which such hegemonic discourses can be challenged in traditional and ‘new’ media settings. (shrink)

El presente trabajo investiga las tesis sobre el poder civil de Alonso de la Veracruz que buscan incorporar en la comunidad política española a los habitantes autóctonos del Nuevo Mundo, tesis que suelen relacionarse con F. de Vitoria y el tomismo español, y que últimamente son consideradas parte del republicanismo novohispano elaborado desde la periferia americana. Se busca demostrar que su propósito era aplicar una teoría de derechos naturales, sin que ello implique participación política de los indios americanos. Se analiza (...) la postura del fraile frente a la diversidad cultural y la guerra contra los indios. The paper explores Alonso de la Veracruz's theses on civil power, which sought to integrate the native inhabitants of the New World into the Spanish political community. These theses, which have usually been associated with F. de Vitoria and Spanish Thomism, have recently come to be considered part of a Novohispanic republicanism developed in the American periphery. The article seeks to show that the purpose of such theses was to apply a theory of natural rights that did not entail the political participation of the indigenous population, as well as to analyze Veracruz's position regarding cultural diversity and the war against the indigenous peoples. (shrink)

The judiciary is a key policy actor that is involved in deciding health rights and policy by intervening in the policy process through a variety of judicial mechanisms, yet the appropriate extent of its involvement remains contentious. Taking the competence objection seriously requires understanding it as an epistemic problem about how courts assess empirical and scientific evidence in order to competently adjudicate controversial health claims. This paper examines recent advances in social epistemology to develop insights for the epistemic competence of (...) the judiciary from a system‐oriented approach. I outline three epistemic features that set the judiciary and the judicial decision‐making process apart from other types of decision‐makers in health policy: the distribution of epistemic power, the epistemic authority of a justified believer, and the principle of disinterestedness. Finally, I relate these insights back to the judicial decision‐making process with a specific focus on recent court decisions in health rights and health policy in Chile. (shrink)