Justice and Procedure: How does “accountability for reasonableness” result in fair limit-setting decisions?
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Medical Ethics 35 (1):12-16 (2009)
orman Daniels’ theory of justice and health faces a serious practical problem: his theory can ground the special moral importance of health and allows distinguishing just from unjust health inequalities, but it provides little practical guidance for allocating resources when they are especially scarce. Daniels’ solution to this problem is a fair process that he specifies as "accountability for reasonableness". Daniels claims that accountability for reasonableness makes limit-setting decisions in healthcare not only legitimate, but also fair. This paper assesses the latter claim. Does accountability for reasonableness result in fair limit-setting decisions? It is argued that the answer to this question is not a clear yes. Daniels is remarkably unclear about the criterion of fairness that accountability for reasonableness satisfies. The paper discusses different options for resolving this lack of clarity and examines how they apply to Daniels’ accountability for reasonableness framework. It is concluded, first, that accountability for reasonableness is not a paradigm case of any of the classic notions of procedural justice; second, that what might be called "constrained pure procedural justice" best reflects how accountability for reasonableness results in fair limit-setting decisions; and third, that the procedural conditions of accountability for reasonableness must be further specified and amended to better achieve a fair process, and hence fair limit-setting decisions.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Bridget Pratt, Deborah Zion & Bebe Loff (2012). Evaluating the Capacity of Theories of Justice to Serve as a Justice Framework for International Clinical Research. American Journal of Bioethics 12 (11):30-41.
Claudia Landwehr (2013). Procedural Justice and Democratic Institutional Design in Health-Care Priority-Setting. Contemporary Political Theory 12 (4):296.
Marco Huesch (2012). One and Done? Equality of Opportunity and Repeated Access to Scarce, Indivisible Medical Resources. BMC Medical Ethics 13 (1):11-.
Rui Nunes & Guilhermina Rego (2014). Priority Setting in Health Care: A Complementary Approach. [REVIEW] Health Care Analysis 22 (3):292-303.
Marco D. Huesch (2012). One and Done? Equality of Opportunity and Repeated Access to Scarce, Indivisible Medical Resources. BMC Medical Ethics 13 (1):11.
Similar books and articles
Thomas A. Spragens (2008). Democratic Reasonableness. Critical Review of International Social and Political Philosophy 11 (2):193-214.
David A. Gruenewald (2005). Accountability and Collaboration: Institutional Barriers and Strategic Pathways for Place-Based Education. Ethics, Place and Environment 8 (3):261 – 283.
Samia A. Hurst, Nathalie Mezger & Alex Mauron (2009). Allocating Resources in Humanitarian Medicine. Public Health Ethics 2 (1):89-99.
Bryn Williams-Jones & Michael M. Burgess (2004). Social Contract Theory and Just Decision Making: Lessons From Genetic Testing for the BRCA Mutations. Kennedy Institute of Ethics Journal 14 (2):115-142.
Alex Friedman (2008). Beyond Accountability for Reasonableness. Bioethics 22 (2):101–112.
Mollie Painter-Morland (2006). Redefining Accountability as Relational Responsiveness. Journal of Business Ethics 66 (1):89 - 98.
Lindsay M. Sabik & Reidar K. Lie (2008). Principles Versus Procedures in Making Health Care Coverage Decisions: Addressing Inevitable Conflicts. Theoretical Medicine and Bioethics 29 (2):73-85.
Sigurd Lauridsen & Kasper Lippert-Rasmussen (2009). Legitimate Allocation of Public Healthcare: Beyond Accountability for Reasonableness. Public Health Ethics 2 (1):59-69.
Norman Daniels (2001). Justice, Health, and Healthcare. American Journal of Bioethics 1 (2):2 – 16.
Added to index2009-09-03
Total downloads53 ( #82,944 of 1,911,757 )
Recent downloads (6 months)26 ( #26,658 of 1,911,757 )
How can I increase my downloads?