The principle of equal consideration of interests is a very popular principle in animal ethics. Peter Singer employs it to ground equal treatment and solve the problem of the basis of equality, namely the problem of why we should grant equal treatment despite the variability of people’s features. In this paper, I challenge Singer’s argument because ECOI does not provide plausible grounds to presume that the interests of diverse individuals are actually equal. Analyzing (...) the case of pain and the interest in not suffering in particular, I contend that there are some insurmountable epistemic and axiological problems in accounting for the equality of interests. Besides criticizing ECOI as a basis of equality, I argue that we need to rely on an equality of moral status. I conclude by providing some considerations on the relation between equality and the principle of proportionality. (shrink)

피터 싱어는 쾌고감수능력이 있는 동물들을 고통스럽도록 다루면서, 쾌고감수능력이 없는 가장자리 인간들의 생명을 그들이 단지 인간이라는 생물 종의 구성원이라는 이유 하나만으로 신성시하는 것은 종차별주의라고 비판했다. 그의 이런 비판의 배후에는 이익평등고려의 원칙에 대한 확고한 신념이 있다. 필자는 이 논문에서 이익평등고려의 원칙을 세가지 측면에서 비판하고 있다. 첫째로, 이익평등고려의 원칙은 우리의 직관적인 도덕적 진리와 상충한다. 둘째로, 그 원칙은 동물과 비교해서 인간의 이익을 평등하게 고려하지 못하고 있다. 셋째로 싱어는 이익평등고려의 원칙에 근거한 자신의 동물해방론이 인간의 지위를 낮추는 것이 아니라 동물의 지위를 높이는 것이라고 주장하는데, 이 역시 (...) 잘못이다. (shrink)

At the heart of Peter Singer’s utilitarianism is the impartial weighing of the interests of those affected by our actions. Singer calls this the Principle of Equal Consideration of Interests. This paper argues that Singer’s Principle does not accord with our moral intuitions and the logic of our moral thinking. It discusses the Principle in the context of the parable of the Prodigal Son and his Brother – a parable that raises the issue of impartiality (...) in a particularly challenging way. What the parable shows is, first, that our moral thinking often turns on judgements of fairness that are prior to any impartial weighing of interests; and, second, that impartial fairness itself is sometimes transcended by compassionate love. Both of these points have important implications for bioethics. (shrink)

The principle of indifference states that in the absence of any relevant evidence, a rational agent will distribute their credence equally among all the possible outcomes under consideration. Despite its intuitive plausibility, PI famously falls prey to paradox, and so is widely rejected as a principle of ideal rationality. In this article, I present a novel rehabilitation of PI in terms of the epistemology of comparative confidence judgments. In particular, I consider two natural comparative reformulations of PI (...) and argue that while one of them prescribes the adoption of patently irrational epistemic states, the other provides a consistent formulation of PI that overcomes the most salient limitations of existing formulations. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:In Dialogue:The Principle of Civility in Academic DiscourseForest HansenSeveral months ago New York Times columnist David Brooks addressed the lack of civility in recent public discourse. "So... you get narcissists who believe they or members of their party possess direct access to the truth.... You get people who prefer monologues to dialogue.... You get people who... loathe their political opponents."1One might think that by contrast academia, and especially (...) academic publications, would provide a bastion of civil discourse. Alas, even academia has been infiltrated. At least it so appears to me when I read some of what has been recently published in the name of the philosophy of music education.I find that disheartening.However one defines "philosophy," it minimally entails raising questions whose answers are reasonably debatable. The key word here is "reasonably." Those who are committed to philosophical activity criticize positions they oppose by formulating arguments, giving examples, calling on accepted facts, clarifying the meaning of terms, and bringing to bear the principles of formal and informal logic. And thus they open themselves to counter-criticism of the same [End Page 198] sort. Nowhere in this enterprise is there need—or room—for invective, sarcasm, name-calling, ad hominems, or any other kind of personal abuse. One might call this The Principle of Civility in Academic Discourse.Philosophy differs in this respect from polemics. In one of its senses "polemics" means "the art or practice of disputation or controversy," and so seems a close cousin to philosophy. However, while "philosophy" traces its etymological roots to "love" and "wisdom," "polemics" is derived from "war." Polemics is a kind of verbal warfare. Typically polemicists are willing to use any tool at their disposal—even underhanded ones—to "win" the war of ideas. Polemics in this usual sense dispenses with objectivity and fairness (though it may make such a pretense). In fact, people who mount personal attacks thereby reveal their lack of philosophical tools and diminish their argument.Distinguishing philosophy from polemics does not mean that all philosophical claims are equal. Some positions are stronger than others, some weaker. Some can be dismissed relatively out of hand if they are illogical or do not square with normal experience. But even when positions are inadequate, the persons who advance the positions deserve to be treated with courtesy, respect, and collegiality.Typically, people trained in philosophy assimilate this principle as a matter of course. They have learned that over the centuries great minds have disagreed about every philosophical issue—whether the make-up of ultimate reality, the nature and sources of knowledge, the existence of god, the justification of morality. So too with what the nature of music is, what music should be taught and how, what is the purpose of music education.No one has a corner on the answers to such questions. The floor should always be open to debate—to consideration of new proposals and reconsideration of old ones. In disciplines where some matters are more or less settled (as in natural science and mathematics), such arguments disappear and new quests hope to find new settled answers. But in philosophy, more fundamentally than in any other traditional academic discipline, the discussion, the reasoned argumentation, is ongoing.Many years ago Douglas Morgan, in his essay "Must Art Tell the Truth"2 eloquently captured this spirit of philosophy:Philosophy is itself to be conceived as an invitational, dialectical activity rather than as any system of dicta. A philosopher can be thought of as [one] who, far from commanding assent with any thunderous barrage of argumentative artillery, invites you to think [about] the world or some aspect of it in a somewhat different way. "Come in," [the philosopher] says cordially, "and welcome. Sit down. Let me mix you an idea. Sip this thought, and tell me how your own experience looks. If you should find my way of construing our [End Page 199] world unappetizing or unpromising, pray show me your way. Let us once again in the good old Greek way, dia-lego, talk it through together."Finally, The Principle of Civility in Academic Discourse ought to be conveyed in our classrooms, as we foster new generations in... (shrink)

Many scholars have suggested that Aristotle’s famous aphorism ‘treat equals equally, unequals unequally’ is a formal, and thus impractical, theory of equality. This dissertation aims to criticise the popular view that Aristotle’s theory of equality is purely formal and to develop and defend an interpretation which will pay attention to the substantive elements. The first chapter argues that Aristotle provides us with a spectrum from formal to substantive equality. At the formal end, we have the abstract principles of formal fairness (...) and proportionality, while at the substantive end we can find information for the designation of the appropriate variable of comparison between people or treatments in various domains of social interaction. The second chapter argues for an account of commensurability based on Ph. VII.4. I claim that, in any comparison, the term ‘equal’ should be predicated synonymously of the people or treatment compared, while at the same time they should not admit to difference in species; such an account, I suggest, is also compatible with Aristotle’s theory of economic value in EN V.5. The third chapter presents the Aristotelian account of equality in distributions. I focus on Aristotle’s theory of political distribution in Pol. III, where he puts forward two distinct criteria: political capacity and contribution to the polis. I also examine Aristotle’s moderate suggestion for equalisation of property by the means of public property and taxation. The fourth chapter criticises the popular line that Aristotle holds an inconsistent theory of corrective justice, because in EN V.4 he suggests that people should be treated as equal before the law, while in the first lines of EN V.5 he allows for hierarchical considerations. I eliminate this apparent inconsistency by claiming that the former deals with the compensatory, while the latter with the punitive element of corrective justice. The fifth chapter explores the role of equality within the private domain, mainly in the household and in various types of friendship. I propose that Aristotle offers two types of superiority, one based on actuality and a second based on function, which are not mutually exclusive. To summarise, by examining Aristotle’s responses to various problems about equality and hierarchy I conclude that although he possesses the theoretical tools to argue for ‘inalienable’ metaphysical equality of human beings which will make equality an individual entitlement or right, based on his principle of individuation in Metaph. Z.8, he prefers not to utilise this thesis for political purposes. Instead, he reduces equality to justice (inequality is unjust, since it violates principle of formal fairness which is fundamental for justice) and a set of pragmatical considerations (e.g. concord and the optimal outcome for the polis). He prefers to argue that equality or hierarchy of people or treatments is related to, and defined by, the particular institution that we examine. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Psychiatric Treatment and the Problem of Equality:Whose Justice, Which Rationality?Floris Tomasini (bio)KeywordsInvoluntary treatment, democracy, equality, impartialityCraig Edwards in his article "Ethical Decisions in the Classification of Mental Conditions As Mental Illness" provides the reader with a socially normative, rather than a naturalistic understanding of mental illness, one that, in particular, promotes a normative understanding of mental illness as a form of evaluating dysfunctional personhood. In doing so, Edwards is (...) not interested in undermining psychiatric expertise, but exploring some of the practical consequences that flow from it, such as involuntary psychiatric treatment.My concern about psychiatric treatment in general and involuntary psychiatric treatment in particular, is three-fold, the third concern adding to the arguments already rehearsed by Edwards and others. The first concern is about the value neutrality of mental illness. Any dysfunctional conception of mental illness is not value neutral according to Fulford; dysfunction is, straightaway, a normative concept and is heavily influenced by a patient's desires and values. The second concern is about competing and conflicting values that arise in a person's psychiatric treatment. Again, there exists a legitimate variation in people's evaluative judgments about mental health conditions, for which a degree of democratic compromise might be required in negotiating conflicting values in a person's psychiatric treatment (Fulford and Colombo 2004). Without wishing to examine any of the philosophical foundations or counter-arguments to these claims in this short discussion paper, my third concern is about how to ethically negotiate between conflicting values in a person's psychiatric treatment. In other words, what might democratic compromise consist in? How might democratic compromise be implemented in terms of an ethically relevant principle?Any democratic enterprise, by definition, favors or is characterized by social equality and is egalitarian in nature (New Oxford English Dictionary 1999, 490). To be able to negotiate in the spirit of democratic compromise between competing and conflicting values in the process of psychiatric treatment, a principle of equal consideration of interests is vital.The essence of the principle of equal consideration of interests is that we give equal weight in our [End Page 101] moral deliberation to the like interests of all those affected by our actions (Singer 1979, 19). In other words, an interest is an interest whoever's interest that may be. So, for example, if the principle is about relieving pain, then the moral principle is about relieving the undesirability of pain as such, and not the undesirability of A's pain, which might be different from the undesirability of B's pain. Naturally, one may be able to distinguish that A's pain is greater than B's pain, in which case, under the equal consideration of interests principle, A's pain should be given greater weighting than B's pain in any conflict of interests. In short, in the evaluation of like interests, major interests outweigh minor interests.The significance of the principle of equal consideration of interests in decisions about mental health treatment in general, and about involuntary psychiatric detention and treatment more specifically, is that it should be possible (in theory at least) to able to democratically arbitrate on the basis of utility, whose interests take precedence when legitimate conflicts arise. The great practical advantage to the principle of equal consideration of interests is that it weighs' interests impartially—like well-balanced weighing scales; they favor where the interest is stronger or where several interests combine to outweigh a smaller number of similar interests. Most important, in the case of psychiatric treatment, it is a principle that takes no account of whose interests they are, avoiding any discriminatory stigma that may arise because of having made certain assumptions about being mentally ill. From the point of view of the equal consideration of interests, who the bearer is and how they are classified is, in itself, incidental to what the actual bearer's interests are and how they compete and conflict with others who have like interests. There are a number of practical consequences that flow from the principle of equal consideration when applied to psychiatric treatment (voluntary and involuntary) that need to be pinned down.Simple Negative DiscriminationClearly... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:In Dialogue:The Principle of Civility in Academic DiscourseForest HansenSeveral months ago New York Times columnist David Brooks addressed the lack of civility in recent public discourse. "So... you get narcissists who believe they or members of their party possess direct access to the truth.... You get people who prefer monologues to dialogue.... You get people who... loathe their political opponents."1One might think that by contrast academia, and especially (...) academic publications, would provide a bastion of civil discourse. Alas, even academia has been infiltrated. At least it so appears to me when I read some of what has been recently published in the name of the philosophy of music education.I find that disheartening.However one defines "philosophy," it minimally entails raising questions whose answers are reasonably debatable. The key word here is "reasonably." Those who are committed to philosophical activity criticize positions they oppose by formulating arguments, giving examples, calling on accepted facts, clarifying the meaning of terms, and bringing to bear the principles of formal and informal logic. And thus they open themselves to counter-criticism of the same [End Page 198] sort. Nowhere in this enterprise is there need—or room—for invective, sarcasm, name-calling, ad hominems, or any other kind of personal abuse. One might call this The Principle of Civility in Academic Discourse.Philosophy differs in this respect from polemics. In one of its senses "polemics" means "the art or practice of disputation or controversy," and so seems a close cousin to philosophy. However, while "philosophy" traces its etymological roots to "love" and "wisdom," "polemics" is derived from "war." Polemics is a kind of verbal warfare. Typically polemicists are willing to use any tool at their disposal—even underhanded ones—to "win" the war of ideas. Polemics in this usual sense dispenses with objectivity and fairness (though it may make such a pretense). In fact, people who mount personal attacks thereby reveal their lack of philosophical tools and diminish their argument.Distinguishing philosophy from polemics does not mean that all philosophical claims are equal. Some positions are stronger than others, some weaker. Some can be dismissed relatively out of hand if they are illogical or do not square with normal experience. But even when positions are inadequate, the persons who advance the positions deserve to be treated with courtesy, respect, and collegiality.Typically, people trained in philosophy assimilate this principle as a matter of course. They have learned that over the centuries great minds have disagreed about every philosophical issue—whether the make-up of ultimate reality, the nature and sources of knowledge, the existence of god, the justification of morality. So too with what the nature of music is, what music should be taught and how, what is the purpose of music education.No one has a corner on the answers to such questions. The floor should always be open to debate—to consideration of new proposals and reconsideration of old ones. In disciplines where some matters are more or less settled (as in natural science and mathematics), such arguments disappear and new quests hope to find new settled answers. But in philosophy, more fundamentally than in any other traditional academic discipline, the discussion, the reasoned argumentation, is ongoing.Many years ago Douglas Morgan, in his essay "Must Art Tell the Truth"2 eloquently captured this spirit of philosophy:Philosophy is itself to be conceived as an invitational, dialectical activity rather than as any system of dicta. A philosopher can be thought of as [one] who, far from commanding assent with any thunderous barrage of argumentative artillery, invites you to think [about] the world or some aspect of it in a somewhat different way. "Come in," [the philosopher] says cordially, "and welcome. Sit down. Let me mix you an idea. Sip this thought, and tell me how your own experience looks. If you should find my way of construing our [End Page 199] world unappetizing or unpromising, pray show me your way. Let us once again in the good old Greek way, dia-lego, talk it through together."Finally, The Principle of Civility in Academic Discourse ought to be conveyed in our classrooms, as we foster new generations in... (shrink)

Events between which we have no epistemic reason to discriminate have equal epistemic probabilities. Bertrand’s chord paradox, however, appears to show this to be false, and thereby poses a general threat to probabilities for continuum sized state spaces. Articulating the nature of such spaces involves some deep mathematics and that is perhaps why the recent literature on Bertrand’s Paradox has been almost entirely from mathematicians and physicists, who have often deployed elegant mathematics of considerable sophistication. At the same time, (...) the philosophy of probability has been left out. In particular, left out entirely are the philosophical ground of the principle of indifference, the nature of the principle itself, the stringent constraint this places on the mathematical representation of the principle needed for its application to continuum sized event spaces, and what these entail for rigour in developing the paradox itself. This book puts the philosophy and its entailments back in and in so doing casts a new light on the paradox, giving original analyses of the paradox, its possible solutions, the source of the paradox, the philosophical errors we make in attempting to solve it and what the paradox proves for the philosophy of probability. The book finishes with the author’s proposed solution—a solution in the spirit of Bertrand’s, indeed—in which an epistemic principle more general than the principle of indifference offers a principled restriction of the domain of the principle of indifference. (shrink)

© 2016 Informa UK Limited, trading as Taylor & Francis Group. Within the umbrella of equal recognition, several principles of linguistic justice can be distinguished. A first, the per-capita principle, mandates prorating language recognition based on a per-capita distribution. A second, the equal-services principle, prescribes upholding the official languages as the languages in which the state speaks and in which public services are provided, irrespective of changing numbers of speakers. Alan Patten defends the prorated per-capita (...) class='Hi'>principle. I argue for the equal-services principle, which practically will often amount to a form of linguistic maximin: the more vulnerable the language, the more numerous the resources. (shrink)

In this Article we attempt to narrow the gap between developed and developing countries’ respective perceptions of justice in the context of climate change. We show that, in spite of its intuitive appeal, the equal per-capita argument is not grounded in any general moral principle and therefore cannot provide an answer to the question regarding what would be a fair allocation of emission rights. We argue that the underlying moral theory is global distributive justice theory, which unfortunately can (...) only be of very limited help. We briefly discuss the various particular principles/considerations that are offered in the literature either in support or in criticism of the equal percapita allocation and find that upon close analysis they generally support the developing countries’ view, but not a per-capita allocation of emission rights. We conclude with a practical suggestion. (shrink)

There is a significant omission in the whole endeavor of moral analysis as commonly used in bioethics. Whether the analysis is based on a set of moral principles grounded in common morality, on a deontological or a consequentialist theory, or on other considerations, the focus has been to assist moral agents in making ethically appropriate decisions. Little or no attention has been paid to the issue of who the appropriate moral agent or decision maker is in any given situation. Yet, (...) how to make a decision and who should make that decision are equally important, albeit separate, issues. The principle of respect for autonomy, which favors self-determination of the patient or the surrogate, generally is invoked when .. (shrink)

The article is devoted to the consideration of the relationship of T. Kuhn (and his followers) with representatives of the school of internal realism. Theses of the article: Kuhn’s teaching does not contain an unambiguous understanding of the basis on which ideas within the paradigm are acceptable to a scientist; post-Kuhn discussions in the field of epistemology of scientific knowledge acquire not historical, but “human” character; they are conducted around the concept of “rational acceptability”; theoretical positions as epistemological anarchism, (...) similarly, internalism can equally be deduced from Kuhn’s teaching; the essentialist program of internal realists is excessively focused on criticizing the relativistic consequences of the doctrine of the paradigm; the revealed contradictions of Kuhn’s relativistic and internalist receptions prompt rejection of both these receptions. It is shown that Kuhn’s theory initially disposes to its transformation into a more consistent one in two ways: either due to radical antirealism, or due to an internalist approach, when its own epistemology is built within the framework of the paradigm with a mandatory definition of what is considered real and objective. Rational acceptability regulates the “value” aspect, i.e. preference for a certain theoretical model. Conclusions of the study: in internalism, the idea of the intersubjective nature of scientific knowledge is not lost; rational acceptability in internalism plays a restraining role in relation to the individual wills of scientists, acting as a collective form of intentionality that precedes any private scientific research with epistemological prerequisites; the criterion of rational acceptability is conservative, since it allows us to restrain the tendency of any language to lock itself in its own context; rational acceptability in internalism successfully balances between dogmatism and skepticism; the realistic and rational nature of the concept of “acceptability” allows us to reject the relativistic thesis about the closeness of science within a particular paradigm and assume that there is always “not-paradigmatic” component, rooted in the philosophical understanding of science. (shrink)

We propose a principle of sustainability to complement established principles used for justifying healthcare resource allocation. We argue that the application of established principles of equal treatment, need, prognosis and cost-effectiveness gives rise to what we call negative dynamics: a gradual depletion of the value possible to generate through healthcare. These principles should therefore be complemented by a sustainability principle, making the prospect of negative dynamics a further factor to consider, and possibly outweigh considerations highlighted by the (...) other principles. We demonstrate how this principle may take different forms, and show that a commitment to sustainability is supported by considerations internal to the ethical principles already guiding healthcare resource allocation. We also consider two objections. The first of these, we argue, is either based on implausible assumptions or begs the question, whereas the second can be adequately accommodated by the principle we propose. (shrink)

Allocation of very scarce medical interventions such as organs and vaccines is a persistent ethical challenge. We evaluate eight simple allocation principles that can be classified into four categories: treating people equally, favouring the worst-off, maximising total benefits, and promoting and rewarding social usefulness. No single principle is sufficient to incorporate all morally relevant considerations and therefore individual principles must be combined into multiprinciple allocation systems. We evaluate three systems: the United Network for Organ Sharing points systems, quality-adjusted life-years, (...) and disability-adjusted life-years. We recommend an alternative system—the complete lives system—which prioritises younger people who have not yet lived a complete life, and also incorporates prognosis, save the most lives, lottery, and instrumental value principles. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 39.2 (2001) 305-306 [Access article in PDF] Fichte, J. G. Foundations of Natural Right according to the Principles of the Wissenschaftslehre. Edited by Frederick Neuhouser. Translated by Michael Baur. Cambridge Texts in the History of Philosophy. New York: Cambridge University Press, 2000. Pp. xxxv + 338. Cloth, $64.95; Paper, $22.95. Though best known for his immensely influential effort to "systematize" Kant's Critical philosophy (...) and to ground the same upon a transcendental analysis of the structure of self-consciousness, Fichte also made seminal contributions to social and political philosophy. Of these contributions, the most original is surely his effort to demonstrate that mutual recognition of free subjects is a condition for the possibility of individual self-consciousness. This transcendental deduction of the essentially social or intersubjective character of human beings provides the theoretical underpinnings for a pure theory of Naturrecht ("natural law" or "natural right"), in which the principles of political philosophy are established without any reference to the purely practical principles of morality. Unlike moral laws, the principles of right are only hypothetically or conditionally valid, inasmuch as they are dependent upon one's free decision to live in a community of free beings and to limit one's own freedom accordingly.Justice and law are thereby grounded upon a new, distinctly political conception of [End Page 305] human freedom, which is itself grounded in a new account of the intersubjective dimension of self-consciousness. Following his deduction of the pure concept of right, Fichte proceeds to deduce the conditions for applyingthe same, among the most significant of which is embodiment. Here again, Fichte was a pioneer in arguing for the necessary connection between self-consciousness and the human body. The next step is to demonstrate in detail how social relations between embodied free agents must be organized if such agents are to co-exist in a community. This hypothetical application of the pure concept of right establishes both the "right of coercion" and the basic outlines of the "right of the state," and hence the general form of any legitimate state constitution.Though it appears that Fichte is working with the social contract tradition, his deductive strategy requires a fundamental revision of the same and allows him to construct a theory of the just state that is both recognizably "liberal" and extraordinarily open to considerations of economic justice and social welfare. It is for this reason that some European philosophers (notably, Luc Ferry and Alain Renaut) have in recent decades employed Fichte's political thought as a major resource in their effort to defend a rights-based political theory against attacks from both the right and the left.The primary source of Fichte's political philosophy is his 1796/97 Grundlage des Naturrecht, a work that exercised a decisive influence upon Hegel (whose Phenomenology of Spirit is often and incorrectly described as the first effort, within the context of post-Kantian Idealism, to demonstrate that intersubjectivity is a condition for the possibility of self-consciousness). Directly and indirectly (that is, through Hegel) Fichte's social and political philosophy exercised a strong influence upon Marx and other nineteenth- and twentieth-century socialists.For all of the above reasons, the appearance of a new and reliable English translation of Fichte's Grundlage des Naturrechts is a cause for celebration. Let it be said at once that Michael Baur's translation is simply marvelous. It is accurate and readable, as well as faithful to the style of this, one of Fichte's best-written works. Frederick Neuhouser's Introduction to this translation is equally fine. In it, Neuhouser not only outlines Fichte's main arguments and conclusions, but also offers a brief but trenchant critical appraisal of the historical significance of Fichte's achievement and of the potential relevance of his ideas to contemporary debates and discussions. The Introduction also includes a provocative and well-balanced discussion of some of the unresolved problems implicit in Fichte's arguments. Readers will also appreciate the useful "Guide to Further Reading," and index... (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

When Mill published The Subjection of Women in 1869 he wanted to replace the domination of one sex by the other laws based on ‘a principle of perfect equality’. It is widely complained, however, that even advanced countries have still failed to achieve equality between the sexes. Power and wealth and influence are still overwhelmingly in the hands of men. But equalities of these kinds are not the ones required by the principle of equality that Mill had in (...) mind; and, furthermore, a principle that demanded them would actually be incompatible with Mill’s. The conclusion is not, however, that social policies dealing with men and women are all they should be. It is just that although the fundamental problems of feminism could be – and to a considerable extent still can be – expressed in terms of requirements for justice and equality, we have now reached a stage where concentrating on these ideas can distort the real problems, and may actually impede the kind of progress that is needed. (shrink)

BackgroundIn precision medicine biomarkers stratify patients into groups that are offered different treatments, but this may conflict with the principle of equal treatment. While some patient characteristics are seen as relevant for unequal treatment and others not, it is known that they all may influence treatment decisions. How biomarkers influence these decisions is not known, nor is their ethical relevance well discussed.MethodsWe distributed an email survey designed to elicit treatment preferences from Norwegian doctors working with cancer patients. In (...) a forced-choice conjoint analysis pairs of hypothetical patients were presented, and we calculated the average marginal component effect of seven individual patient characteristics, to estimate how each of them influence doctors’ priority-setting decisions.ResultsA positive biomarker status increased the probability of being allocated the new drug, while older age, severe comorbidity and reduced physical function reduced the probability. Importantly, sex, education level and smoking status had no significant influence on the decision.ConclusionBiomarker status is perceived as relevant for priority setting decisions, alongside more well-known patient characteristics like age, physical function and comorbidity. Based on our results, we discuss a framework that can help clarify whether biomarker status should be seen as an ethically acceptable factor for providing unequal treatment to patients with the same disease. (shrink)

In the previous chapter I gave reasons for believing that the fundamental principle of equality, on which the equality of all human beings rests, is the principle of equal consideration of interests. Only a basic moral principle of this kind can allow us to defend a form of equality which embraces all human beings, with all the differences that exist between them. I shall now contend that while this principle does provide an adequate basis (...) for human equality, it provides a basis which cannot be limited to humans. In other words I shall suggest that, having accepted the principle of equality as a sound moral basis for relations with others of our own species, we are also committed to accepting it as a sound moral basis for relations with those outside our own species - the nonhuman animals. (shrink)

By enacting equality laws the liberal state decides the limits of liberal tolerance by relying on content-based rather than content-neutral considerations. Equality laws are not and cannot be neutral. They reflect a content-based moral decision about the importance and weight of the principle of equality vis-à-vis other rights or interests. This leads to the following conclusions: First, since equality laws in liberal democracies reflect moral-liberal values, conscientious objections to equality laws rely, almost by definition, on unjustly intolerant, anti-liberal and (...) morally repugnant values. Secondly, we should not shy away from explicitly relying on moral-liberal views when deciding whether it is justified to grant exemptions from equality laws. Thirdly, conscientious objections to equality laws should normally not be tolerated or accommodated by the state, because conscientious objections that rely on what is rightly perceived as unjustly intolerant, anti-liberal and morally repugnant values should not be tolerated in a tolerant-liberal democracy. (shrink)

In a recent article, Thomas Christiano defends the intrinsic justice of democracy grounded in the principle of equal consideration of interests. Each citizen is entitled to a single vote, equal in weight to all other citizens. The problem with this picture is that all citizens must meet a threshold of minimal competence. -/- My argument is that Christiano is wrong to claim a minimum threshold of competency is fully consistent with the principle of equality. While (...) standards of minimal competency may be justifiable, these standards justify political inequality. -/- This paper explores the relationship between equality and democracy in terms of minimal competency, demonstrating how minimal competency is justified and why it is inegalitarian in interesting ways. (shrink)

The article elaborates an original intertwined reading of republican theory, deliberative democracy and political equality. It argues that republicans, deliberative democrats and egalitarian scholars have not paid sufficient attention to a number of features present in these bodies of scholarships that relate them in mutually beneficial ways. It shows that republicanism and deliberative democracy are related in mutually beneficial ways, it makes those relations explicit, and it deals with potential objections against them. Additionally, it elaborates an egalitarian principle underpinning (...) the resulting model that I label Equality of Access and Deliberation. The upshot of these considerations is a novel and mutually reinforcing interrelated three-tiered theoretical and institutional proposal. (shrink)

Many research institutions and funders have recently stated their commitment to actively support and promote ‘Equality, Diversity and Inclusion’ (EDI) in various aspects of health research including Patient and Public Involvement (PPI). However, translating this commitment into specific research projects presents significant challenges that existing approaches, practical guidelines and initiatives have not adequately addressed. In this paper, we explore how the lack of clear justifications for the EDI commitment in existing guidelines inadvertently complicates the work of those involved with PPI (...) and we stress the need for conceptual clarity for any EDI effort to yield meaningful results. Our focus centres on the first principle of the EDI discourse, ‘equality’, particularly in the form of ‘equality of opportunity’ as outlined in current guidance provided by the National Institute of Health Research in the United Kingdom. We examine challenges related to justifying and implementing a general, unspecified commitment to equality of opportunity and explain that this reflects a lack of consensus regarding the moral value of PPI in research – a profound problem that remains unaddressed. We then discuss how the presence of several opposing moral perspectives on PPI, makes determining the most appropriate way of addressing barriers to involvement complex and controversial, raising ethical implications for the work of health researchers, PPI specialists and coordinators. Finally we make suggestions on how future research can enrich the concept of ‘equality of opportunity’ in PPI and improve practice. While our primary focus is on the NIHR, a strong advocate of PPI in research, this analysis will point to normative and ethical considerations that may be relevant to other research institutions and funding organisations aiming to promote equality of opportunity in their public and patient involvement strategies. (shrink)

There are two ways, broadly speaking, that one might conceive of meritocratic education. On a standard, ‘narrow’ conception, a meritocratic approach to education is one which distributes certain educational goods and opportunities according to merit. On a second, ‘broader’ conception, however, meritocratic education is an educational system suited to a commitment to meritocracy – where ‘meritocracy’ refers to a particular conception of distributive justice. In this article, I argue that these two conceptions are incompatible with each other, and so the (...) standard ‘narrow’ conception of meritocratic education is, in fact, incompatible with a commitment to meritocracy, at least given the typical way of understanding meritocracy. Of particular importance is that while meritocracy, as a view of distributive justice, requires a commitment to equality of opportunity principles, the narrowly meritocratic conception of education does not. The reason has to do with differences in the underlying justifications of the merit-based principles in each: Meritocracy appeals to moral desert, while the educational desert that is grounded by one’s merits is best thought of as a kind of institutional desert. Thus, I will argue, while meritocracy (and so the broad conception of meritocratic education) is constrained by a fair equality of opportunity requirement, narrowly meritocratic education is not. Recognizing the relationships between meritocracy, meritocratic education, and equality of opportunity, I argue, sheds considerable light on disagreements in the debate over equality of opportunity in education. (shrink)

In her political philosophy, Martha C. Nussbaum defends liberal political principles on the basis of an objective conception of the good of human beings. This paper examines whether her argument succeeds. It identifies three methods to which Nussbaum refers in order to select the central human capabilities, whose exercise is seen as constituting the human good. It asks whether these methods – the interpretation of actual ways of human self-understanding, the search for necessary anthropological features, and the idea of an (...) overlapping consensus – can yield liberal political principles. The paper concludes that it is doubtful that the first two methods will lead to this result. As to the third method, it may yield liberal principles only insofar as it relies on the notion of human dignity which is interpreted in a way that contains a strong view of equality of all human beings. In this way, universal liberal principles are not primarily based on considerations of the human good, but on a genuine moral standpoint. (shrink)

The article considers the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all. The claim that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms may be combined with the claim that the logic of determination of political communities tends to generate exclusions. The combination of these two claims lends specific force to the (...) third argument according to which equal consideration perpetually requires the non-egalitarian project of understanding individuals on their own terms. Hence, taking off from a recent debate between Christoph Menke and Jürgen Habermas, I argue that the former is right to diagnose an aporetic self-reflection in egalitarian universalism, while agreeing with the latter about the indispensability of deliberative democratic frameworks for the defence of both egalitarian and non-egalitarian norms. Key Words: Theodor Adorno • deliberative democracy • Jacques Derrida • egalitarianism • equality • Jürgen Habermas • Christoph Menke • singularity • universalism. (shrink)

The article considers the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all. The claim that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms may be combined with the claim that the logic of determination of political communities tends to generate exclusions. The combination of these two claims lends specific force to the (...) third argument according to which equal consideration perpetually requires the non-egalitarian project of understanding (excluded) individuals on their own terms. Hence, taking off from a recent debate between Christoph Menke and Jürgen Habermas, I argue that the former is right to diagnose an aporetic self-reflection in egalitarian universalism, while agreeing with the latter about the indispensability of deliberative democratic frameworks for the defence of both egalitarian and non-egalitarian norms. (shrink)

Increasing attention is being paid to the potential of anti-retroviral treatment for HIV prevention. The possibility of eliminating HIV from a population through a universal test and treat intervention, where all people within a population are tested for HIV and all positive people immediately initiated on ART, as part of a wider prevention intervention, was first proposed in 2009. Several clinical trials testing this idea are now in inception phase. An intervention which relies on universally testing the entire population for (...) HIV will pose challenges to human rights, including obtaining genuine consent to testing and treatment. It also requires a context in which people can live free from fear of stigma, discrimination and violence, and can access services they require. These challenges are distinct from the field of medical ethics which has traditionally governed clinical trials and focuses primarily on patient researcher relationship. This paper sets out the potential impact of a population wide treatment as prevention intervention on human rights. It identifies five human right principles of particular relevance: participation, accountability, the right to health, non-discrimination and equality, and consent and confidentiality. The paper proposes that explicit attention to human rights can strengthen a treatment as prevention intervention, contribute to mediating likely health systems challenges and offer insights on how to reach all sections of the population. (shrink)

By fundamental equality is meant the idea of the equal worth of human beings understood as a constitutive principle of morality. The paper is concerned with how this principle may be justified. Attempts to justify it in an objectivist way by citing some quality of human beings in virtue of which they are supposed to be of equal worth are rejected. Such approaches in fact justify inequality to the extent that some people possess the quality to (...) a greater degree than others. The endeavour to avoid this trap, by attributing an inherent worth to each individual by virtue of their possession of the quality, succeeds only in generating a deep tension between the absolute principle of inherent worth and the relative principle of equal worth which the absolute principle is supposed to justify. The idea that the relation of equality as such is inherently valuable independently of any other consideration is also rejected. The paper then adopts a subjectivist view of equality grounded in an antirealist perspective on value. The argument for equality follows a Rawlsian contractarian procedure but not the Rawlsians' simple assumption of equality. Equality is shown to offer a stable principle of co-operation and so is more advantageous to the subjectivist contractors than the only alternative – to each according to his relative bargaining power. However, the appeal to advantage is necessary but not sufficient. An existential commitment to co-operate on the basis of mutual respect as equals is also required. (shrink)

The ideal of educational equality is fundamentally grounded in the egalitarian principle that social and institutional arrangements should be designed to give equal consideration to all. However, beyond this broad stipulation, the precise content of the ideal of educational equality is more difficult to determine. In this article, I aim to contribute to the debate on equality in education by dealing with the current, contentious issue of provision for students with disabilities and special educational needs. Thus, the (...) paper addresses the question of what constitutes a just provision for these students, and it provides an answer in terms of the capability approach, as developed by Amartya Sen and Martha Nussbaum. (shrink)

Many pioneers of the Scientific Revolution such as Galileo, Kepler, Stevin, Descartes, Mersenne, and others, wrote extensively about musical theory. This was not a chance interest of a few individual scientists. Rather, it reflects a continuing concern of scientists from Pythagorean times onwards to solve certain quantifiable problems in musical theory. One of the issues involved was technically known as ‘the division of the octave’, the problem, that is, of which notes to make music with. Simon Stevin's contribution to this (...) issue, in his treatise Vande Spiegheling der Singconst , is usually conceived of as a remarkably early plea for equal temperament, which is the tuning system we nowadays all take for granted. In this paper I show that, even though it is true that Stevin calculated the figures for what is now known as equal temperament, in fact the subject of temperament has almost nothing to do with his accompanying considerations, and that, therefore, his calculations served another purpose. A careful analysis of the problem situation in the science of music around 1600, reveals that Stevin's treatise highlights a particular stage in the history of what has always been the core issue of the science of music, namely, the problem of consonance. This is the search for an explanation, on scientific principles, of Pythagoras' law: ‘Why is it that those few musical intervals which affect our ear in a sweet and pleasing manner, correspond to the ratios of the first few integers?’ Through an analysis of the source material available we find that Stevin's theory, which makes no sense if interpreted as an early stage in the ‘evolution’ of equal temperament, was meant as a solution—as freshly original as it was wrongheaded—to this perennial problem of consonance, which has continued to baffle some of the best scientific minds from the very beginning of science to the present day. (shrink)

The Coase theorem is argued to be incompatible with bargaining set stability due to a tension between the grand coalition and sub-coalitions. We provide a counter-intuitive argument to demonstrate that the Coase theorem may be in complete consonance with bargaining set stability. We establish that an uncertainty concerning the formation of sub-coalitions will explain such compatibility: each agent fears that others may `gang up' against him and this fear forces the agents to negotiate. The grand coalition emerges from the negotiations (...) if each agent uses the principle of equal relative sacrifice to determine the actual allocation. We also establish the rational basis for the choice of the principle of equal relative concession by the negotiating agents. Hence we argue that the Coase theorem will be valid even if there are stable sub-coalitions. (shrink)

Over the last 20+ years, multinational corporations have been confronted with accusations of abuse of market power and unfair and unethical business conduct especially as it relates to their overseas operations and supply chain management. These accusations include, among others, worker exploitation in terms of unfairly low wages, excessive work hours, and unsafe work environment; pollution and contamination of air, ground water and land resources; and, undermining the ability of natural government to protect the well-being of their citizens. MNCs have (...) responded to these accusations by creating voluntary codes of conduct which commit them to specific standards for addressing these issues. These codes are created at both the industry-wide and the individual company level. Unfortunately, these codes have generated little credibility and public trust because their compliance claims cannot be independently verified, and they lack transparency and full public disclosure. In this article, we present a case study of the voluntary code of conduct by Mattel, Inc., the world’s largest toy company. The code, called the Global Manufacturing Principles, confronts the general criticism leveled against voluntary codes of conduct by creating detailed standards of compliance, independent external monitoring of the company’s compliance with its code of conduct, and making full, and uncensored public disclosure of the audit findings and company’s response in terms of remedial action. We present a detailed account of how Mattel’s voluntary code of conduct was created, implemented, and ultimately abandoned over 9 years. We provide an evaluative analysis of the company’s GMP compliance throughout its life span, which suggests a bell-shaped curve, where early top management commitments were met with pockets of resistance from operational groups, who were concerned about balancing GMP compliance efforts with traditional performance criteria. The early stage response from Mattel’s top management was quick and supported with the requisite resources. As a result, the compliance process accelerated, becoming increasingly more robust and effective. The success of code compliance and increased transparency in public disclosure energized field managers with a sense of professional satisfaction and publicly recognized accomplishments. The decline in GMP compliance was equally steep. When all the easily attainable targets had been reached at the company-operated plants, addressing vendor plants’ compliance presented a new set of challenges, which taxed corporate resources and management commitment. It would seem that value-based and ethics-oriented considerations, i.e., doing the right thing for the right reason, were no longer the driving force for Mattel’s management. Mattel did not see any economic benefit from its proactive stance, when competitors did not seem to suffer adverse consequences for not following suit. The final contributing factor to the code’s abandonment was a widely publicized series of product recalls which absorbed top management’s attention. (shrink)

The desire to defend a state against attacks by a non-state actor requires thinking about counter-attacking without violating the sovereign equality of the territorial state because targeting a non-state actor on the territory of that state may violate its sovereignty. This paper evaluates the main views on self-defense by states against non-state actors by studying the Just War Theory and argues that self-defense against a non-state actor is allowed if the counter-attack complies with the principle of sovereign equality. Sovereign (...) equality is the prohibition of states from dominion over other states because states are equal to one another. This principle can be respected by allowing self-defense against non-state actors to occur only if the state consented to the use of force on its territory or if that state is incapable of controlling or unwilling to control the non-state actor. (shrink)