The latest discussions about civil society have been reconsidering the globalization processes, and the theoretical discourse has been broadened to include the notion of the global civil society. The notion and the practice of a civil society are being globalized in a way that reflects the empirical processes of inter-connecting societies and of shaping a world society. From the normative-mobilizing perspective, civil society activists and theoreticians stress the need to defend the world society from the global (...) threat of a nuclear war, environmental catastrophes, crime and violence, domination of world powers over the fate of individual countries and societies, i.e. the need to oppose the tendency of “power policy” on the world level, and to defend the autonomy of the society as one compatible primarily with the expansion of policies based on the rule of law worldwide, and incompatible with the policy of force, state reasons, and domination of world power-centers. The globalization processes result in a conflicting and/or assimilative crossing of civilizations and cultures, as well as controversial tendencies of, on one hand, attempts for the introduction of international political institutions and the adoption of international conventions for human rights’ protection, for the defense of democratic values, for combating terrorism and segregation on various grounds, thus leading to a global standardization of the human-rights culture and of democratic political and legal order, and on the other, of rising xenophobia, particularization and ethno nationalism, civil wars, ecological threats, global terrorism, threat of hunger problem, nuclear war, new disease, etc. Contemporary victory of liberal and democratic values is the positive reach, but followed by the contested issue of sovereignty, urban decay, racism, ethnic cleansing, xenophobia, failing political legitimacy , and followed at the world scale by: global injustice, poverty, environmental dangers, mass and deadly diseases, oppression of minority groups, relentless growth of population, political and economic power great asymmetries, terrorism at the global scale, threat of a nuclear disaster, etc. Global civil society has three dimensions: 1) empirical phenomena of globalized social relations, interconnections, 2) mobilizing, formative force of the project/vision, and 3) social actors at the global/transnational level. The anti-globalization movement is an effort to counter perceive negative aspects of the current process of globalization. Although adherents of the movement often work in concert, the movement itself is heterogeneous and includes diverse, sometimes opposing, understandings of this process, alternative visions, strategies and tactics. Thus, more nuanced terms include anti-capitalist/anti-corporate alternative globalization. Participants may use the positive terms such as ‘global justice’ or ‘fair trade movement’; or ‘Global Justice and Solidarity Movement’; or ‘Movement of Movements’; or simply ‘The Movement’; or ‘anticorporatist capitalism movement’. Generally speaking, anti-globalization movement is not so much an opposition to globalization as such than an opposition to the particular way it is taking place – like neoliberal process of globalization. In that sense, many representatives of the Movement prefer to be called altermondialism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Just Share: Justice and Fairness in Resource Allocation*Pat Milmoe Mccarrick (bio) and Martina Darragh (bio)Each of us has some basic sense of what the words “fair” or “just” or “fairness” or “justice” mean. Each of us probably also has an idea of what is “fair” in health care. The attempt by the state of Oregon in the mid-1980s to quantify this notion made a (...) previously private exercise a public one. This transition has been chronicled in the bioethics literature that focuses on resource allocation. These works examine both theories of justice and concepts of “health”; the fair distribution of health resources has been of continuing interest since the beginning of bioethics in the 1960s. Early writing on justice includes authors Tom L. Beauchamp, Robert H. Blank, James F. Childress, H. Tristram Engelhardt, Paul T. Menzel, Paul Ramsey, and Robert M. Veatch (VII).During the 1980s, bioethicists such as Daniel Callahan and Norman Daniels proposed thinking of health care decisions not as moments of personal crisis but as choices that span a lifetime, possibly involving tradeoffs in other areas of one’s life, e.g., education. The Oregon experience added another dimension to the discussion. The initial rank-ordering of health services by cost produced a skewed list—for example, surgery for life-threatening conditions ranked below minor, elective procedures. For the project to make sense, the ranking algorithm could not be based on cost alone, but rather on a combination of costs and benefits both to individuals and to the community—“concatenations of individual and group goods” (I, Jecker and Jonsen 1995). Various metaphors have been used in the literature to facilitate discussion of this shift from individual to individual/community trade-offs: medical services as a “commons” (I, Asch 1995, Jecker and Jonsen 1995, Michels 1994); resource allocation as a “lifeboat” (I, Campbell 1995; III, Kaveny 1994); medical care as “shares” in a community health (III, Nelson 1992, Ford and Kissick 1995; II, Anderson 1993); and rationing as traveling through the desert with one jug of water for two people (a story from the Halachah literature) (I, Zoloth-Dorfman 1995). [End Page 81]Such metaphors do not promote any one “theory of justice” but rather draw from the work of a number of bioethicists as well as from theological, sociological, economic, and business literature. The five major conceptions of justice that are referenced most frequently are: “(1) a libertarian conception, which takes liberty to be the ultimate political ideal; (2) a socialist conception, which takes equality to be the ultimate political ideal; (3) a welfare liberal conception, which takes contractual fairness or maximal utility to be the ultimate political ideal; (4) a communitarian conception, which takes the common good to be the ultimate political ideal; and (5) a feminist conception, which takes a gender-free society to be the ultimate political ideal” (I, Sterba 1995).The use of new metaphors also draws on expanded concepts of “health.” “As health care is currently practiced, the most powerful symbols for public and professional alike are those that promise the defeat of time” (I, Campbell 1995). When medical care is perceived as an unrelated series of individual cures, the fact that health care resources are finite cannot be addressed.Reflections concerning the difficulties in limiting the use of health care resources have an ancient lineage and reveal a tight bond with the obsession to postpone death at all costs. Plato in Book 3 of the Republic recognizes the quandary of infinite expectations and finite resources that characterizes the challenge of health care choices. (I, Engelhardt 1996)The proliferation of expensive medical technologies and the loss of autonomy by health care professionals further complicates perceptions of the crucial issues at hand. Some have said that Americans place too much emphasis on individualism to address these issues. Daniels et al. believe that this is too pessimistic a view and that the American commitment to protecting equal opportunity for all provides a firm basis for developing a public consensus on what is fair in health care (III, Daniels, Light, and Caplan 1996). Finally, several authors suggest that the nature of all four principles of medical ethics, not justice alone, must be... (shrink)

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

Achieving equity in international research is one of the pressing concerns of the twenty-first century. In this era of progressive globalization, there are many opportunities for the deliberate or accidental export of unethical research practices from high-income regions to low- and middle-income countries and emerging economies. The export of unethical practices, termed “ethics dumping,” may occur through all forms of research and can affect individuals, communities, countries, animals, and the environment. Ethics dumping may be the result of purposeful exploitation but (...) often arises from lack of awareness of good ethical and governance practice. This chapter describes the work of the TRUST project toward counteracting the practice of ethics dumping through the development of tools for the improvement of research governance structures. Multi-stakeholder consultation informs all of TRUST’s developments. Most importantly, this gives voice to marginalized vulnerable groups and indigenous people, who have been equal and active partners throughout the project. At the heart of the TRUST project is an ambitious aim to develop a Global Code of Conduct for Research in Resource-Poor Settings. Uniquely, the Code provides guidance across all research disciplines in clear, short statements, focusing on research collaborations that entail considerable imbalances of power, resources and knowledge and using a new framework based on the values of fairness, respect, care, and honesty. The code was recently adopted by the European Commission as a reference document for Horizon 2020 and Horizon Europe. (shrink)

As a step towards a systematic comparative evaluation of the fairness of different language policies, a rationale is presented for the design of an index of linguistic justice based on public policy analysis. The approach taken is to define a ‘minimum threshold of linguistic justice’ with respect to government language policy in three domains: law and order, public administration, and essential services. A hypothetical situation of pure equality and freedom in the choice of language used by all (...) members of society in communicating with the state is used as a theoretical benchmark to study the distributive effects of policy alternatives. Departures from this standard incur lower scores. Indicators are chosen to assess effective access to three kinds of language rights: toleration (the lack of state interference in private language choices), accommodation (accessibility of public services in different languages), and compensation (symbolic and practical recognition of languages outside the dominant one). In order to take account of the cost-benefit trade-offs involved in providing language-related goods to language groups of varying sizes, a method is adopted for weighting scores with respect to compensation rights so that lack of recognition for larger groups incurs greater penalties, while factoring in the particular characteristics of each language-related good. A trial set of ten indicators illustrates the compromises entailed in balancing theoretical rigour with empirical feasibility. (shrink)

Dear Readers,Welcome to this issue of our beloved Bangladesh Journal of Bioethics! In this sweltering heat we are all seeking for some cool and comfort. We bring this issue of BJB on different ethical practices and bring up related questions. Are we respecting the rights of every human being when we are either doing research or practicing health service provision? What are the minimum norms and standards to be maintained or are we circumventing those? The issue looks into different issues (...) and provides us with indepth information, queries, fears and reservations.In the article on Knowledge, attitude and practice of medical ethics among medical intern students in a Medical College in Kathmandu, Ramesh P Aacharyaand Yagya L Shakya, report on a Knowledge Attitude and Practice survey of 46 medical undergraduate interns of Maharajgunj Medical Campus. The result of the survey is quite interesting. ‘Doctors know the best irrespective of patients’ opinion was agreed upon by 35 %, ‘Confidentiality cannot be kept in modern era and should be abandoned’ was strongly disagreed by 34.8% and disagreed by 60.9%. The Authors hope that the findings will assist the faculties to strengthen the teaching of medical ethics and guiding the interns for ethical professional conduct. In the article titled Organizational Justice and Employee’s Service Behavior in the Healthcare Organizations in Bangladesh is an agenda for Research, Md. Nuruzzaman and Md. Humayun Kabir Talukder present a conceptual framework and a set of hypotheses regarding the relationships among distributive justice, procedural justice, interactional justice, employee’s citizenship behaviour, role prescribed behaviour and counterproductive behavior in the healthcare organizations in Bangladesh. The authors state that the purpose is to assist the policy makers and service providers in identifying desirable and undesirable HRM practices in order to maintain optimum level of employee commitment for ensuring quality and efficient service delivery to the communities. Though the article is theoretical it may be useful for the policy makers and service providers. If an operational research could be carried out to test the hypothesis the practical utility of the concept could be tested in Bangladesh.Zoheb Rafique in the article Ethical Justification of Conducting Research Trials in Lower and Middle Income Countries Including Pakistan: The Responsibilities of Research Enterprises explores the ethical aspects of research sponsored by commercial agencies. He looks into the factors that influence selection of a study site for a sponsored trial particularly in traditional countries like Pakistan where cultural values add to the problem in assuring that research is conducted in an ethical manner. In this paper, the Author discusses the responsibilities of researchers and funders in low and middle income countries like Pakistan and the ethical justifications of doing research trials in developing countries. He concludes that research participants should be fully informed about the research trial and their participation and it is their right to know all risks and benefits so that they have the option of rejecting participation.The article on Ethical aspects of Dhaka University Tele-medicine System by Ahmed Raihan Abir provides and analysis of the tele- medicine system in Dhaka University. The Author is a member of an extended group at Dhaka University (DU) which has been developing telemedicine equipment and data acquisition software to promote telemedicine practice in Bangladesh. Recently the Telemedicine group of DU and a local NGO named SAMAMA with support from Service innovation fund (SIF) of the Prime Minister Office (PMO) of Bangladesh took the initiative to establish eight rural telemedicine centers and one expert center for the field trial of telemedicine in Bangladesh. The aim of this paper is to examine the ethical challenges of such health care system and the effort to overcome these problems before starting the field trial. The author looks into the details of Data confidentiality and security, Responsibilities of Doctor and Rural Technician, Quality of service and Implications of telemedicine in Bangladesh. He concludes that DU telemedicine project will essentially bring the services of qualified medical experts to the doorsteps of the common people throughout the country, even in the remote rural areas. Although a telemedicine cannot match a face to face consultation, DU tele-medicine system is much better than no consultation at all.Sifat Rahman in the article on Ethical Issues of Fair Subject Selection in Research provides an overview of the criterion for maintaining ethical standards for conducting research. The Author reviews the three fundamental conditions to be met for adhering to strict ethical standards which are: Respect for Persons by protecting the autonomy of people, treating them with courtesy and respect and obtaining informed consent.; Beneficence which incorporates the philosophy of "Do no harm" while maximizing benefits for the research project and minimizing risks to the research subjects; and Justice by ensuring that reasonable, non-exploitative, and well-considered procedures are administered fairly. Finally the Author concludes that Researchers must be truthful and conduct no deception.Dear Readers, as you can see from the above ethics and maintaining the values in research and services are of utmost importance in the improvement of the quality of life. Through our queries, questions and sense of respect for every living being can our endeavors to ensure ethics in all spheres of development be successful.Dear Readers, please keep on sending your articles, notes or thoughts to us. Your participation will make a difference in the quality of our lives.Best regardsTahera AhmedEditor. (shrink)

Moral condemnation has become the public narrative of our criminal justice practices, but the distribution of criminal sanctions is not and should not be guided by judgments of what individual wrongdoers morally deserve. Criteria for evaluating a person’s liability to criminal sanctions are general standards that are influenced by how we understand the relative social urgency and priority of reducing crimes of various types. These standards thus depend on considerations that are not a matter of individual moral desert. Furthermore, (...) the moral desert is doubtful when members of socially disadvantaged groups face unequal prospects for being subjected to criminal justice sanctions. Social injustice is an intolerable context for distributing punishment according to individual desert. A rightsprotectingscheme of criminal justice might permissibly burden individual offenders, but not as an expression of what they morally deserve. (shrink)

There is scarce knowledge about the influence of the professional group, education, and age on public perspectives on the risks and benefits of forensic DNA databases. Based on data collected through an online questionnaire applied to 628 individuals in Portugal, this research fills that gap. More than three quarters of the respondents believed that the Portuguese forensic DNA database can help fight crime more efficiently and develop a swifter and more accurate justice, whereas only approximately half thought that (...) it could deter and prevent crime. Lack of security and control over access to data and the future unforeseen misuses of genetic information were the most relevant risks selected by the participants. Health care and life sciences professionals were more likely to agree with all the benefits, as opposed to those working in the field of law enforcement. More educated and older participants disagreed with benefits more often. Concerns with the risks increased with age. (shrink)

This book addresses the topic of the explicit and implicit commitments about persons as a kind in the literature on personal identity and draws out their political implications. I claim that the political implications of a metaphysical account can serve as a test on its veracity in cases in which the object-kind under analysis is itself constitutively normative, as the kind person might be, or in those cases in which counting as a member of the kind in question confers a (...) certain normative status upon those that do so count, which the kind person certainly satisfies. I argue that metaphysical accounts of personal identity often contain certain mistaken background assumptions concerning personhood, often due to a failure to recognize that being a person is environmentally dependent. -/- Because being a person is environmentally dependent, but this is not often noted, let alone incorporated into our theories of persons, although there are exceptions, a closer look at those theories is required if we are to have a just society. In fact, it is a bit surprising that this is the current situation, since the claim that certain members of society are oppressed due to being denied full personhood and its attendant rights has been the basis of several social movements: first-wave feminism, anti-slavery movements, and civil rights movements generally. Historically, these resistance movements aimed at claiming that, unlike how they were treated, they did in fact meet the requirements for personhood that those in more privileged sectors did and should therefore enjoy the same rights as the more privileged. -/- While I agree with the justification for these movements -- that the injustice driving them is that of the denial of the rights of persons -- I advocate for moving away from the idea that the only appropriate response is to count those who make such claims as being members that meet the dominant conception of personhood. Instead, I want to highlight the fact that if being a person is an environmentally dependent fact, theories of the nature of persons must recognize this or risk reflecting and perpetuating the current status quo. -/- For these reasons, those in need of recognition of their rights as persons should not only resist the failure of having them granted but should also question the current understanding of the concept itself, since the very notion may be riddled with normative assumptions typical only of those with certain kinds of privilege. That is, fighting for recognition as persons, without also resisting and questioning the source and objectivity of our current concept of personhood, risks failing to truly challenge the currently unfair social structure in any deep way. -/- There is a risk, however, with taking such a stance -- that it will be fallaciously inferred that there is no fair concept of persons at all to which are owed rights. But this does not follow from the stance I take. All that follows is that we must recognize our fallibility in offering metaphysical theories, particularly when the concept under investigation is normatively sensitive and environmentally dependent in the way that the kind person seems to be. -/- Theories concerning the metaphysics of persons, then, must address the fact that those with privilege not only have more power to assert their rights as persons, but they are also the source of most received views of the concept itself. It is possible, therefore, that our current metaphysical theories may be mis-describing the objective nature of personhood as a kind for politically biased reasons. -/- I argue that one of the particularly pernicious assumptions frequently made is that to be a person is to be a certain kind of psychologically integrated being. This is an ideal we seem to hold dear, since we tend to pathologize the failure to achieve it. I claim, however, that this thesis about persons as integrated is exactly the kind of idea that fails the environmental dependence test, since this state of integration is often only readily had by those who have a certain amount of control over their external environment, which many of us do not enjoy. For those who are not members of the dominant group, a strongly integrated self is sometimes simply not on the horizon, since being subject to the vicissitudes of the external environment often leads to conflict, fragmentation, or disintegration. Having inadequate power over one's own circumstances tends to produce what we might call “fractured selves,” selves that face a multitude of environmental forces, many times thrusting contradictory norms, roles, and traits, upon those subjected to them. -/- The fact that the failure to achieve integration is in fact pathologized makes the integration thesis seriously questionable, since it creates a situation in which those most in need of being conferred the normative status of being a person will fail to get such recognition, and in fact, possibly labelled as "defective" in some way or other. This is unjust for many reasons, at least one of which is that it relies on morally irrelevant facts to determine a person's normative status. -/- The previous issues raise the question of whether the aim of a giving a metaphysical account of persons ought to be understood descriptively or prescriptively, since current metaphysical accounts would fail to count many individuals as persons. However, taking metaphysical accounts as a prescriptive is highly controversial. I doubt that most of those offering explicit metaphysical theories of persons would agree that they are engaged in any kind of prescriptive project. Some psychologists and psychiatrists perhaps may take themselves to be determining whether a person is "healthy" by our current understanding of what it is to be a person, but the idea of having a healthy psychology sufficient for being a fully competent person is vastly different from having a healthy physical body, which does seem to have a more objective basis, although even this is questioned in disability studies. -/- The strong integration thesis, then, as now applied, clearly raises political issues, and has potential negative consequences for many beings that we typically do think of as persons. The integration thesis then needs to be replaced with a more adequately descriptive metaphysical theory or revised in a way so that it avoids these negative political consequences. -/- I see two paths open: (1) maintain the integration thesis as an ideal, and grant those who fail to meet it a temporary kind of normative status equal to that of being a person and push for substantive equal opportunity to achieve integration; or (2) reject the ideal altogether and offer a different account of the nature of being a person that counts so-called "fractured selves" as persons. -/- I believe that path (2) is preferable to path (1) for several reasons. First, it requires no condescension or paternalistic attitudes towards those who fail to be fully integrated; second, it expresses intellectual humility in accepting that standards that appear objective are often, in reality, biased and should not be universally applied; and third, it is more realistic in that it does not assume that there is an infinite amount of resources, and therefore harbors no illusions that equalizing power structures will allow everyone to enjoy the same amount and kind of power currently held by the dominant classes. -/- My own metaphysical account of what matters for survival to persons over time advocates for the idea that persons ought to be understood as constituted not only by internal psychological relations, but also by their relations to their surrounding environments, and this includes relations to inanimate objects. This view, I argue, can accommodate fractured selves as full persons, allowing for various psychological configurations to count as persons. It is also an improvement on views that do happen to recognize the environmental influence on persons -- social constitution views. The reason is that these views argue that persons just are what their environmental social surroundings dictate, which also has potentially negative political consequences, since it threatens to bind persons so closely to socio-cultural contexts that it closes off the possibility of resistance to them. However, because the view I endorse, makes persons environmentally dependent not only on their socio-cultural context, but on the whole of their environment, this makes persons partly independent of socio-cultural contexts, allowing them room to question them, which as noted, I believe they should be. (shrink)

The fair use doctrine is at once the most significant and the most problematic qualification of the copyright owner's right to exclusivity. An affirmative defense against copyright liability, the fair use doctrine legitimates certain unauthorized reproductions of copyrighted materials that would otherwise be regarded as copyright infringements. Notwithstanding its importance, “fair use” continues to be “the most troublesome [doctrine] in the whole law of copyright.” Throughout its long history, neither courts nor legislatures have provided a useful definition of “fair use” (...) nor have they adumbrated its objectjves. Since the doctrine's inception over two and a half centuries ago, courts and legislatures have attempted to formulate, explicate, refine, and revamp the fair use doctrine. Generally, these efforts have proven unfruitful. At best, they have resulted in various formulations of how to approach fair use questions that offer courts and users of copyrighted works scant guidance on how fair use should be recognized. All this would not have been of grave concern had judges shared a common understanding of fair use or of the principles that should guide them in deciding fair use cases. The problem is that they do not. Rather, the case law reflects wdely divergent notions of the concept of fair use. The lack of consensus is best witnessed in the multiple reversals and divided courts that have become the hallmark of fair use litigation. (shrink)

Pulling from theories of social exchange, deonance, and fairness heuristics, this study focuses on the relationship between overall justice climate and both the prosocial and deviant behaviors of groups. Specifically, it considers two contextual boundary conditions on this effect—corporate social responsibility and group moral identity. Results from a laboratory experiment are presented, which show a significant effect for overall justice climate and a two-way interaction between overall justice climate and CSR on group-level prosocial and (...) deviant behaviors, and a marginally significant interaction of group moral identity with overall justice climate on group deviance. The implications of contextual influences on workplace ethics and justice are discussed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Global Justice, Christology and Christian Ethics by Lisa Sowle CahillKeith SokoGlobal Justice, Christology and Christian Ethics Lisa Sowle Cahill NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2013. 328 pp. £62.00 / £20.99Given this book's title and its cover photo of Catholic Relief Services workers in Kenya, I was expecting an examination of global issues with case studies. But chapter titles such as "Creation and Evil," "Kingdom of God," (...) "Christ," "Spirit," and "Cross" tipped me off that my original expectations were incorrect.Perhaps this is Cahill's summa, an attempt to bring together current understandings of major themes in Christian systematic theology and to show how those are tied to Christian ethics. As the series editor, Robin Gill, notes, as opposed to specific moral issues, Cahill's "aim now is to supply a sustained theological basis for global justice" (xi). Cahill herself explains that she hopes "to give biblical and theological reasons for Christian commitment to justice, to show why just action is necessarily a criterion of authentic Christian theology, and to give grounds for Christian hope that change in violent structures is really possible" (1). This is a bold attempt that I feel works on some levels. Cahill draws from key historical and current theologians, including feminist thinkers and marginalized groups.As an ethicist, much of this was a fascinating read in current systematic theology, while some seemed like an overview. I found the chapter on creation and evil somewhat of a plodding summary, yet the chapters on the Kingdom of God, Christ, and the Cross are interesting reads on current discussions in Christology. I would recommend this book for academics and graduate students. Selected sections might work well for undergrads. Sections such as "Historical Research on Jesus" could be great current summaries for undergraduates. [End Page 190]The chapter on the Spirit was interesting but problematic because Cahill's overall approach could err too strongly on the presence of the Spirit primarily in the church itself rather than the world. The chapter on the Cross illustrates interesting historical and current discussion on the necessity of Jesus' death. At this point (246), I feel we primarily have a summary of Christian systematic theology. She acknowledges this as well: "The chapters thus far have been primarily biblical and theological in orientation, but ethical ideals and standards have played a key part in readings of scripture, doctrines, and theologies" (247).Then the book seems to abruptly shift to traditional ethics. With the chapter title of "Nature," I was expecting an examination of environmental ethics but instead got a helpful read on the natural law and virtue ethics approach of Thomas Aquinas. This chapter includes examples of "War as a Test Case" and "Ecology." The final chapter, "Hope," speaks of the need for hope in working toward just and peaceful societies. It includes the longest and only real case study in the book, describing how "Liberian peace activist Leymah Gbowee won the Nobel Prize for spearheading a grassroots women's movement against the civil war" there (295). This is a fascinating account of women using their power and perseverance to overcome an unjust regime, noting that "women had become the 'toy of war'" (298). Finally, observing that "peacebuilding practices reflect the vision of Christian politics that has shaped the previous chapters of this project" (302), she offers seven key points that tie previous chapter topics to current Christian ethics. It seems like an abrupt ending, finishing on point seven and not offering an overall reflection on the book itself.Given this structure, I wish that it had been written as a text for undergrads because the systematic topics covered, and their tie to and conclusion on Christian ethics, would be a nice format for an introductory course. But Cahill's work has always been current, progressive, and concerned with global ethics and the common good. This book is no different, and it is a welcome part of the New Studies in Christian Ethics series.Keith SokoSaint Ambrose UniversityCopyright © 2018 Society of Christian Ethics... (shrink)

Name der Zeitschrift: Jahrbuch für Wissenschaft und Ethik Jahrgang: 20 Heft: 1 Seiten: 237-240.

In the early 2000s, the development of local food systems in advanced industrial countries has expanded beyond creation and support of farmers’ markets and community supported agriculture farms and projects to include targeted Buy Local Food campaigns. Non-governmental groups in many U.S. places and regions have launched such campaigns with the intent of motivating and directing consumers toward more local food purchasing in general. This article examines the current manifestations and possibilities for social justice concerns in Buy Local Food (...) campaigns, by considering them within the more general category of “selective patronage“ campaigns. Historical campaign examples, such as Buy Union, Buy American, and Buy Black campaigns, offer instructive comparisons to contemporary consumer campaigns promoting local food. Through examining the construction of threats, intended beneficiaries, products to be avoided, and those to be preferentially selected, the paper demonstrates how selective patronage campaigns have emphasized social justice needs and concerns for designated groups in ways that have been potentially exclusionary of other disadvantaged groups and thus undermining of social justice more broadly. As a contemporary instance of “selective patronage,“ Buy Local Food campaigns exhibit similar contradictory impulses, which are intensified by the conceptual and practical pitfalls in designating “local.“ The article concludes by considering how the challenges and prospects for commitments to social justice in local food consumer campaigns reinforce the importance of emerging initiatives centered on domestic fair trade. (shrink)

I argue that agents can have duties to cooperate with one another if this increases their combined efficiency and/or efficacy in addressing ongoing collective moral problems. I call these duties cooperative duties of efficiency and efficacy. I focus particularly on collective agents and how agents ought to reason and act in the face of global moral problems. After setting out my account, I argue that a subset of cooperative duties of efficiency and efficacy of collective agents are (...) duties of justice in virtue of the roles these agents have taken up. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Global Justice, Christology and Christian Ethics by Lisa Sowle CahillKeith SokoGlobal Justice, Christology and Christian Ethics Lisa Sowle Cahill NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2013. 328 pp. £62.00 / £20.99Given this book's title and its cover photo of Catholic Relief Services workers in Kenya, I was expecting an examination of global issues with case studies. But chapter titles such as "Creation and Evil," "Kingdom of God," (...) "Christ," "Spirit," and "Cross" tipped me off that my original expectations were incorrect.Perhaps this is Cahill's summa, an attempt to bring together current understandings of major themes in Christian systematic theology and to show how those are tied to Christian ethics. As the series editor, Robin Gill, notes, as opposed to specific moral issues, Cahill's "aim now is to supply a sustained theological basis for global justice" (xi). Cahill herself explains that she hopes "to give biblical and theological reasons for Christian commitment to justice, to show why just action is necessarily a criterion of authentic Christian theology, and to give grounds for Christian hope that change in violent structures is really possible" (1). This is a bold attempt that I feel works on some levels. Cahill draws from key historical and current theologians, including feminist thinkers and marginalized groups.As an ethicist, much of this was a fascinating read in current systematic theology, while some seemed like an overview. I found the chapter on creation and evil somewhat of a plodding summary, yet the chapters on the Kingdom of God, Christ, and the Cross are interesting reads on current discussions in Christology. I would recommend this book for academics and graduate students. Selected sections might work well for undergrads. Sections such as "Historical Research on Jesus" could be great current summaries for undergraduates. [End Page 190]The chapter on the Spirit was interesting but problematic because Cahill's overall approach could err too strongly on the presence of the Spirit primarily in the church itself rather than the world. The chapter on the Cross illustrates interesting historical and current discussion on the necessity of Jesus' death. At this point (246), I feel we primarily have a summary of Christian systematic theology. She acknowledges this as well: "The chapters thus far have been primarily biblical and theological in orientation, but ethical ideals and standards have played a key part in readings of scripture, doctrines, and theologies" (247).Then the book seems to abruptly shift to traditional ethics. With the chapter title of "Nature," I was expecting an examination of environmental ethics but instead got a helpful read on the natural law and virtue ethics approach of Thomas Aquinas. This chapter includes examples of "War as a Test Case" and "Ecology." The final chapter, "Hope," speaks of the need for hope in working toward just and peaceful societies. It includes the longest and only real case study in the book, describing how "Liberian peace activist Leymah Gbowee won the Nobel Prize for spearheading a grassroots women's movement against the civil war" there (295). This is a fascinating account of women using their power and perseverance to overcome an unjust regime, noting that "women had become the 'toy of war'" (298). Finally, observing that "peacebuilding practices reflect the vision of Christian politics that has shaped the previous chapters of this project" (302), she offers seven key points that tie previous chapter topics to current Christian ethics. It seems like an abrupt ending, finishing on point seven and not offering an overall reflection on the book itself.Given this structure, I wish that it had been written as a text for undergrads because the systematic topics covered, and their tie to and conclusion on Christian ethics, would be a nice format for an introductory course. But Cahill's work has always been current, progressive, and concerned with global ethics and the common good. This book is no different, and it is a welcome part of the New Studies in Christian Ethics series.Keith SokoSaint Ambrose UniversityCopyright © 2018 Society of Christian Ethics... (shrink)

Yu Kil-chun (1856–1914) was a pioneering theorist in Korea’s Patriotic Enlightenment Movement. Through works such as Sŏyu kyŏnmun, he proposed a new path for the development of Korean civilization. Yu’s encounter with Pak Kyu-su in his early years prompted his interest in Western civilization. He soon decided to study abroad and experience the Japanese and American civilizations first-hand. Based on his experiences, Yu proposed a general blueprint for political reform during the Kabo Reform of 1894. In 1908, he initiated a (...) political reform movement at the provincial level by organizing two groups named Hŭngsadan and Hansŏng Puminhoe. Subsequently, Yu Kil-chun’s enlightenment theory and writings on reform were regarded as a classical model that helped to initiate the modernization of Korea. However, the existing literature concerning Yu’s work exaggerates the progressive role he played and overlooks the logical contradictions and limitations inherent in his ideas. In this article, I conclude that the contradictions in Yu Kil-chun’s enlightenment theory stem from his moral understanding of civilization and the rights of the people. As a result, the project he envisioned ‘to make all people gentlemen’ ultimately focused on how to raise Confucian subjects of an empire rather than how to cultivate modern citizens. (shrink)

Summary Liberals, from Mill to Rawls see personal autonomy as paramount in civil society. They see human dignity to consist essentially in personal autonomy, that is, ?in the ability of each person to determine for himself or herself a view of the good life? (Taylor, C. (1992) p. 27). Multiculturalism and ?The Politics of Recognition? p. 57 (Princeton, Princeton University Press). This emphasis on personal autonomy underlies much of liberal emphasis on freedom of conscience, justice, rights and (...) class='Hi'>fairness. Its core thesis is that a just society seeks not to promote any particular view of the good life, but enables its citizens to pursue their own ends consistent with a similar liberty for all others. Yet, when some citizens in America attempted to pursue their own view of the good life, they came up against head?on conflict with the liberal state. These groups saw civic education with its emphasis on individual choice, on reflecting and weighing of alternative viewpoints and on personal autonomy, as threatening to their way of life and to their fundamental religious beliefs, and consequently they challenged the state in the courts. What ensued raised profound educational problems for educating children, parental rights, and the right of the State in a liberal democratic society, which are discussed in this paper. (shrink)

The article provides an analysis on how much the standard court proceedings can be regarded as the research, which is performed by investigating by what manner and measures the justice in a procedural sense is implemented. It is generally acknowledged that the court, as a subject, solving a legal dispute, implements justice only in the case, when it ensures the impartiality towards all persons. The appropriate legal proceedings form a constituent part of the constitutional right to apply in (...) the court. The article aims at introducing certain aspects of the implementation of the principle of justice in the court proceedings of Lithuania. It is indicated that the lack of legal methodology results in different arguments of the rendered decisions and their unpredictability, therefore, it does not encourage to opt for the legal peace. The article is topical in a sense that it has not provided an analysis, on which the aspects of impartiality reveal themselves in the nowadays case law in particular cases and how it produces an effect on the approach to justice. In Lithuania, doctrinal presumptions were created for the freedom of the courts, upon which the courts started to formulate new procedural regulations. The freedom of the actions of judges is based on the aim to ensure a stronger safety in regard to the rights pertaining to one of the public groups, i.e. to disallow the domination of certain subjects over the others by eliminating inequality between the parties. The freedom of the actions of judges is also justified by the aim to render the right decision. However, the formulation of the new regulations according to the actual situation by too freely interpreting the norm of the proceedings, without having the doctrinal basis for that, causes the legal confusion, thus inconsistency in the case law appears, the inner contradictions arise and, in addition to that, there is a failure to follow the standard of impartiality. The individualisation of each legal dispute pursuant to the newly established procedural regulations creates the presumptions for legal instability. Upon the absence of doctrinal substantiation for the newly formulated procedural regulations, the risk arises for the courts to unduly avail of the competence granted to them, thus there will be no implementation of the justice attained. The approach, based on the demand for an individual safety, encourages to refuse the regulations, which are universally applied. Such conception of justice is characteristic for legal individualism, which is grounded in consumerism, by means of which the standard court proceedings are refused, while the extended sympathy theory becomes the starting point. The comprehension and observance of the legal methodology is one of the conditions for the development of the consistent case law. The presence of a clear method in the case law will allow to prevent from pursuing different legal conceptions, i.e. different reasoning of a court decision upon the similar circumstances, as well as it will prevent from speculating on the accepted legal position by refusing the legal argument. (shrink)

Optimism about our ability to enhance societal decision‐making by leaning on Machine Learning (ML) for cheap, accurate predictions has palled in recent years, as these ‘cheap’ predictions have come at significant social cost, contributing to systematic harms suffered by already disadvantaged populations. But what precisely goes wrong when ML goes wrong? We argue that, as well as more obvious concerns about the downstream effects of ML‐based decision‐making, there can be moral grounds for the criticism of these predictions themselves. We introduce (...) and defend a theory of predictive justice, according to which differential model performance for systematically disadvantaged groups can be grounds for moral criticism of the model, independently of its downstream effects. As well as helping resolve some urgent disputes around algorithmic fairness, this theory points the way to a novel dimension of epistemic ethics, related to the recently discussed category of doxastic wrong. (shrink)

Photo ID 279661800 © Sidewaypics|Dreamstime.com ABSTRACT Decolonization is complex, vast, and the subject of an ongoing academic debate. While the many efforts to decolonize or dismantle the vestiges of colonialism that remain are laudable, they can also reinforce what they seek to end. For decolonization to be impactful, it must be done with epistemic and cultural humility, requiring decolonial scholars, project leaders, and well-meaning people to be more sensitive to those impacted by colonization and not regularly included in the (...) discourse. INTRODUCTION Decolonization is complex. To successfully achieve decolonization, projects should incorporate the voices of those subjugated or silenced. Including such voices requires sincerely exploring who has been affected by colonialism or neocolonialism and how, as well as cultural sensitivity. In its basic use, decolonization refers to countries under colonial rule gaining independence or freedom from forms of subjugation. Additionally, scholars use the term to refer to efforts to dismantle neocolonialism and vestiges of colonialism. The process includes de-silencing subjugated voices.[1] I use decolonization in the latter way to refer to countries with technical independence. While arguably colonization ended formally with independence from colonizing powers, neocolonialism is the indirect, informal, and sometimes subtle control of the people, their economy, and political life despite formal independence from colonizing authorities. I conceptualize neocolonialism as a system that involves direct and involuntary control of another’s political, economic, or social life, impacting their worldview and ways of encountering the world. Decolonization may target actions, places, or systems like health care or AI to overcome the ills of colonialism and neocolonialism. It also may target knowledge and require rethinking how people develop their knowledge base. For example, if people grew up seeing an outside colonizer as superior, they would need to change their knowledge of superiority. Decolonization may target power, for example, changing who owns and distributes COVID-19 vaccines and who distributors exclude in the distribution of vaccines. Decolonization could require looking at those disempowered in the distribution process. Additionally, decolonization may target autonomy of persons by freeing people, ensuring human and individual rights, and respecting cultural traditions. Decolonization projects that try to de-silence by including the voices of those affected by colonialism and neocolonialism must examine inclusiveness in the context of the culture of the subrogated individuals. Examples of decolonization projects include making datasets inclusive of diverse peoples and places, returning to traditional food and eating practices, making sure hospitals in developing countries are led by locals and respectful of cultural traditions, returning unethically obtained artefacts or objects. Another project would be laying the groundwork for equality in formerly colonized countries to ensure that business ownership, education, and financial success will flow fairly to those previously victimized by colonization. Summarily, there are many strategies for decolonizing. However, it is worth asking whether the strategies have risks that undermine the goal of decolonization. I. Understanding Decolonization Discourses Many fields, from AI to politics, economics, health care, aviation, and academia, discuss decolonization. The content of the discourse on decolonization depends on the region and field discussing it. Rather than just reporting on decolonization, the discussions may be calls to action. For example, decolonization discourses reflect activism for cognitive justice, such as equal consideration of Indian or African knowledge systems in global health discourses.[2] In politics and political science, some scholars frame decolonization as an anti-western, anti-colonial movement by Africans to emancipate Africa/ns from subjugation or shift the continent to postcolonialism and post-neo-colonialism. This framing walls off non-African participants and may undermine their capacity to benefit the conversation.[3] There are other political scientists who actively support decolonization and see it as a field of activism in support of anyone and countries where colonization harmed people and development.[4] The point is that two ways of conceptualizing decolonization in politics and political science are discernible. One conceptualization is less inclusive since it alienates scholars and professionals from Western, high-income, or developed countries. The other is more inclusive. In humanitarian studies, including philosophy, some decolonization articles and conversations are efforts to end the destructive force of colonization. They focus on either the form, such as ecocide, genocide, and many others, or the geographic location, such as Africa, Asia, Latin America, and Oceania.[5] Finally, the feelings one brings into this conversation can adversely impact how one engages in them and who they listen to or are willing to hear from. For example, anger, rage, bitterness, and hatred are emotions that are not uncommon in spaces of decolonization conversations. Decolonization conversations that originate from a place of negativity risk deepening the psychological state of victimhood and prevent people from disrupting constructively or critically engaging in the conversation.[6] II. Understanding Decolonization Strategies Decolonization strategies mainly aim to de-silence victims of domination or subjugation. People have proposed many strategies for decolonizing. These strategies may be informed by what the target is for decolonization. Decolonization can target power relations in global health. For example, during the COVID-19 pandemic, public health organizations noted the power imbalance in vaccine distribution. Decolonization could involve de-silencing those affected by neocolonialism to bring about a more balanced distribution of power and a more fair distribution of the vaccine. By analyzing who was adversely impacted by the distribution and who ought to wield power, those engaged in decolonizing advocated for positive change and equitable power relations. Equally, when being is the target of decolonization, the language of unlearning or relearning and mental decolonization take centre stage in the decolonization discourse. For example, the quest to decolonize colonized minds aims to demythologize African inferiority and Western superiority. Demythologizing African inferiority enables those engaged in the decolonization discourse to cultivate and foster African agency.[7] Finally, when knowledge production is the target of decolonization, scholars use inclusion and cognitive justice. For example, they try to alter the knowledge that underlies global health ethics.[8] “[D]decolonizing researchers aim to respectfully understand and integrate theory from Other(ed) perspectives, while also critically examining the underlying assumptions that inform their Western research framework.”[9] One common strategy that scholars use in decolonization is inclusion. It is worth asking, does including people who have been subrogated foster decolonization? Whether that is effective depends on whether included people are more heard or whether the strategies to include them create new forms of silencing. III. Inclusion and the Quest to Decolonize Evaluating how effective inclusion is in the quest to de-silence subjugated voices is important. First, inclusive strategies are not neutral. They are epistemically situated. This situatedness constrains meaning-making in different ways: how and what questions are asked, how social roles are constructed, organized or assigned, and who is admitted to the room where these conversations occur.[10] Inclusion strategies may reinforce (unchallenged) assumptions. For example, to address prejudices and stereotypes in global health images, Arsenii Alenichev and his colleagues[11] successfully inverted “one stereotypical global health image” by prompting a generative AI to produce “an image of a traditional Indian or African healer healing a White Child.” Although there were some problems with the image of the White child, this innovation is a significant, useful effort to de-embed or strip global health images of problematic pictures that mythologize White superiority and Black inferiority. Yet it is possible that using categories like traditional Indian or African reinforces unchallenged assumptions, raising key questions regarding how language and words create new stereotypes. It is common to define traditional as non-conventional, unorthodox, and informal. Yet studies continue to reveal that non-scientifically appraised healing approaches in India or Africa are not only effective but also real, meaningful, fundamental, and primary care-seeking behaviours in many communities in these regions.[12] Suppose inclusive strategies are not un-situated. These conversations may be had within the structures, language, and spaces built by or connected to colonialism. The spaces, language, places, and structures in which these conversations occur can limit who can participate and how they participate. Importantly, some conditions are not conducive to participation as equals. The allocated time for the discussion could also constrain how individuals express themselves. It is unclear who is ultimately heard. Furthermore, epistemic situatedness of inclusion can impact decolonization conversations when participants are beneficiaries of, products of, and trained by structures and systems they seek to dismantle. To enhance the decolonization project and its goals, a pressing task is to unveil and question how the circumstances may inhibit activism. If the vestiges of colonialism continue to structure the decolonization discourse invisibly, the vestiges may undermine decolonization. For example, a public health discussion that includes white Western doctors and Western pharmaceutical executives in Africa may have many local Africans at the table but could still effectively devalue their input based on built-in assumptions and biases that are vestiges of colonialism. Second, exclusion and inclusion are also not binary. Individuals may experience exclusion, even while included (the phenomenon called internal exclusion). In other words, inclusion can fail to be substantial or become a means of enhancing optics, “a way of (un)consciously weakening the radical claims being pursued.”[13] For example, in South Africa, many institutions have made significant efforts to diversify their faculties due to the promulgation of the Employment Equity Act 55.[14] The act requires South African institutions to implement employment equity that redresses the history of harmful discrimination in the country. The act further requires transforming departments and institutional administrations. Although many recognize and support the need to transform departments in South Africa, the rhetoric of transformation departs sharply from the lived experiences.[15] This misalignment between the plan and practice is evident in the underrepresentation of black people and females in senior management teams, professorships in many universities and health departments, and positions of power in some South African institutions. Those selected in the transformation of the departments have also complained of being overworked. The burden of extra work undermines their ability to develop agency and voice in the space they now occupy or fulfil key requirements that have implications for their career trajectory.[16] This is called the minority tax. Notably, "the minority tax… is the burden of extra responsibilities [placed] on faculty of colour to achieve diversity and inclusion and contributes to attrition and impedes academic promotion."[17] One challenge for decolonializing projects will be for decolonial scholars and those selected for decolonization objectives to have the humility to decline invitations, requests, roles, and platforms for which they are either unqualified or lack the capacity to fulfil. At its heart, decolonization strategies must empower those included rather than weaken them. Finally, inclusion can lead to a phenomenon known as elite capture.[18] Elite capture occurs when socially advantaged individuals in a group monopolize or exploit activism to their own benefit at the expense of the larger, struggling group. Elite capture weakens decolonization efforts from within, revealing that those likely to benefit from global inclusive efforts are those who fulfil globally constructed standards, those “already present in the room.” There is no better strategy to weaken decolonial movements than weakening the project from within by strategically positioning individuals who share physical properties with the victims of exclusion and silencing but intellectually, behaviourally, psychologically, and emotionally share more common ground with the colonizer. Such insiders may be unaware they are furthering neocolonial conditions rather than decolonizing. In relation to decolonization, particularly in global health, elite capture reveals that those whose voices are loudest in the room are not necessarily those more impacted by colonialism. They may benefit more from reinforcing colonialism. Opportunism weakens meaningful activism from within, preventing good initiatives and strategies from having their intended impact or taking substantive root.[19] This paper cannot do justice to elite capture, but it is worth noting its negative impacts. IV. Improving the Impact of Decolonization To end neo-colonialism, it is important to understand how it manifests and what to do at each level. Beyond the academic discourse, many tangible efforts exist to decolonize through de-silencing. Examples of these efforts include the ME2 movement that seeks to centre the concerns and experiences of sexually abused or harassed victims in the public discourse. At the funding level, many grant-awarding agencies like Wellcome Trust have dedicated huge budgets to studies that help them understand how they may have perpetrated colonialism or neocolonialism and what they can do differently going forward.[20] In South Africa, promulgating the Employment Equity Act 55 was a tangible attempt to entrench decolonization concerns in a country's regulatory framework. Yet, these decolonization efforts could fail to be substantive if they do not reflect cultural sensitivity. Two key components of cultural sensitivity are worth highlighting here: epistemic and cultural humility. Epistemic humility is an intellectual virtue described as knowing one’s limitations and the limitations of the learning methods employed. At its simplest, it is the ability to admit when one is wrong. Cultural humility includes genuine attempts to learn about and embrace other cultures. Epistemic and cultural humility are signs of academic excellence and strength. Epistemic and cultural humility seriously acknowledge how the state of our knowledge, cognitive limitations, experiences, and backgrounds, while constraining us, also invite us to listen, learn, grow, and change. The limitations-owing account of epistemic and cultural humility suggests that “a person who is aware of her cognitive limitations and owns them is much better positioned to achieve such epistemic goods as true beliefs and understanding than someone who… simply has insight into the epistemic status of her beliefs.”[21] Epistemic and cultural humility may help prevent decolonization projects that unintentionally reinforce what they seek to dismantle. Epistemic humility calls on decolonizers to defer tasks for which they are not qualified to suitably qualified persons. Beyond this, humility supports brave scholarship that imagines and reimagines how featuring the same voices, faces, and perspectives possibly introduces new forms of domination or silencing. Cultural knowledge can lead to a more intentional way of seeking out the right people or a more diverse group than those frequently featured in decolonization conversations. This would give others more opportunities to navigate these spaces and should do so in ways that are familiar to them. One ought to be more sensitive to those who would ordinarily not be included in these conversations. Unless we radically and boldly reimagine these discussions, we risk alienating those most negatively impacted by neocolonialism. CONCLUSION Decolonization conversations are complex and the subject of academic debate. The strategies employed to decolonize can harm or help the victims of neo-colonialism. Inclusion of previously silenced individuals may not be enough to overcome the vestiges of colonialism, leading to a false inclusion, where those included feel excluded or contribute in ways reflecting their own biases and circumstances. Inclusion of an elite or people who do not truly represent the subjugated can lead to elite capture. For decolonization strategies to be impactful, for example, in the context of global health, project leaders and participants must engage in conversations employing epistemic and cultural humility. In many ways, epistemic and cultural humility can help us demythologize our assumptions of any cultural superiority or cognitive authority, allowing for diverse voices, cultures, and perspectives to emerge without domination. - [1] Caesar Atuire & Olivia Rutazibwa. 2021. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization [Online]. Available from: https://law.yale.edu/yls-today/news/african-reading-covid-19-pandemic-and-stakes-decolonization [Accessed July 29, 2021 2021]. [2] Bridget Pratt & Jantina De Vries 2023. Where is knowledge from the Global South? An account of epistemic justice for a global bioethics. Journal of Medical Ethics, medethics-2022-108291. [3] Anye-Nkwenti Nyamnjoh 2023. Is decolonisation Africanisation? The politics of belonging in the truly African university. Social Dynamics, 1-20. [4] Rianna Oelofsen 2015. Decolonisation of the African mind and intellectual landscape. Phronimon, 16, 130-146. [5] Caesar Atuire & Olivia Rutazibwa. 2021. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization. An African Reading of the Covid-19 Pandemic and the Stakes of Decolonization [Online]. Available from: https://law.yale.edu/yls-today/news/african-reading-covid-19-pandemic-and-stakes-decolonization [Accessed July 29, 2021 2021]. [6] Pedro Alexis Tabensky 2008. The Postcolonial Heart of African Philosophy. South African Journal of Philosophy, 27, 285-295. [7] Nicholas M. Creary 2012. African Intellectuals and Decolonization, Ohio, Ohio University Press. [8] Bridget Pratt & Jantina De Vries 2023. Where is knowledge from the Global South? An account of epistemic justice for a global bioethics. Journal of Medical Ethics, medethics-2022-108291. [9] Vivetha Thambinathan & Elizabeth Anne Kinsella 2021. Decolonizing Methodologies in Qualitative Research: Creating Spaces for Transformative Praxis. International Journal of Qualitative Methods, 20, 16094069211014766. [10] Abimbola Seye 2023. Knowledge from the global South is in the global South. Journal of Medical Ethics, 49, 337. [11] A. Alenichev, P. Kingori & K. P. Grietens 2023. Reflections before the storm: the AI reproduction of biased imagery in global health visuals. Lancet Glob Health. [12] Jonathan K. Burns & Andrew Tomita 2015. Traditional and religious healers in the pathway to care for people with mental disorders in Africa: a systematic review and meta-analysis. Social Psychiatry and Psychiatric Epidemiology, 50, 867-877. [13] Anye-Nkwenti Nyamnjoh & Cornelius Ewuoso 2023. What type of inclusion does epistemic injustice require? Journal of Medical Ethics, jme-2023-109091. [14] 1998. Employment Equity Act. In: GOVERNMENT, S. A. (ed.) 19370. [15] Dina Zoe Belluigi & Gladman Thondhlana 2019. ‘Why mouth all the pieties?’ Black and women academics’ revelations about discourses of ‘transformation’ at an historically white South African university. Higher Education, 78, 947-963. [16] Juliet Ramohai & Khomotso Marumo 2016. Women in Senior Positions in South African Higher Education: A Reflection on Voice and Agency. 231, 135-157. [17] J. Trejo 2020. The burden of service for faculty of color to achieve diversity and inclusion: the minority tax. Mol Biol Cell, 31, 2752-2754. [18] Olufemi Taiwo 2020. Being-in-the-Room Privilege: Elite Capture and Epistemic Deference. The Philosopher, 108, 7. [19] Margarita Kurbatova & Elena Kagan 2016. Opportunism of University Lecturers As a Way to Adaptate the External Control Activities Strengthening. Journal of Institutional Studies, 8, 116-136. [20] Jeremy Farrar. 2022. An update on Wellcome's anti-racist programme. An update on Wellcome's anti-racist programme [Online]. Available from: https://wellcome.org/news/update-wellcomes-anti-racism-programme [Accessed August 10, 2022 2022]. [21] Katherine Dormandy 2018. Does Epistemic Humility Threaten Religious Beliefs? Journal of Psychology and Theology, 46, 292-304. (shrink)

The World Health Organisation (WHO) is leading a global effort to deliver improved diagnostic testing to people living in low‐resource settings. A reliance on the healthcare technologies marketplace and industry, shapes many aspects of the WHO project, and in this situation normative guidance comes by way of the ASSURED criteria — Affordable, Sensitive, Specific, User‐friendly, Rapid and robust, Equipment‐free, and Delivered. While generally improving access to diagnostics, I argue that the ASSURED approach to distributive justice — efficiency (...) — and assessment of worth — productivity — may constrain efforts to deliver timely and accurate diagnosis in the developing world equitably by holding back new and innovative diagnostics and indirectly encouraging program and device design that may unfairly discriminate against certain groups. Even as we try to overcome the problem of global healthcare injustice, we may be entrenching disadvantage. I present my critique of ASSURED by 1) referencing Boltanski and Thévenot's theory of orders of worth to highlight the industrial and market foundations of the ASSURED guidelines; 2) comparing ASSURED with other normative guides that elevate the importance of civic responsibility in evaluations of distributive justice; 3) presenting a case study of the failed promise of microfluidic diagnostic devices. I conclude that a new approach to normative guidance is required to assess the value of developing world diagnostics, preferably, one that does not force global public goods into the marketplace. (shrink)

In this paper I argue that we can learn much about wild justice and the evolutionary origins of social morality – behaving fairly – by studying social play behavior in group-living animals, and that interdisciplinary cooperation will help immensely. In our efforts to learn more about the evolution of morality we need to broaden our comparative research to include animals other than non-human primates. If one is a good Darwinian, it is premature to claim that only humans can (...) be empathic and moral beings. By asking the question What is it like to be another animal? we can discover rules of engagement that guide animals in their social encounters. When I study dogs, for example, I try to be a dogocentrist and practice dogomorphism. My major arguments center on the following big questions: Can animals be moral beings or do they merely act as if they are? What are the evolutionary roots of cooperation, fairness, trust, forgiveness, and morality? What do animals do when they engage in social play? How do animals negotiate agreements to cooperate, to forgive, to behave fairly, to develop trust? Can animals forgive? Why cooperate and play fairly? Why did play evolve as it has? Does being fair mean being more fit – do individual variations in play influence an individual''s reproductive fitness, are more virtuous individuals more fit than less virtuous individuals? What is the taxonomic distribution of cognitive skills and emotional capacities necessary for individuals to be able to behave fairly, to empathize, to behave morally? Can we use information about moral behavior in animals to help us understand ourselves? I conclude that there is strong selection for cooperative fair play in which individuals establish and maintain a social contract to play because there are mutual benefits when individuals adopt this strategy and group stability may be also be fostered. Numerous mechanisms have evolved to facilitate the initiation and maintenance of social play to keep others engaged, so that agreeing to play fairly and the resulting benefits of doing so can be readily achieved. I also claim that the ability to make accurate predictions about what an individual is likely to do in a given social situation is a useful litmus test for explaining what might be happening in an individual''s brain during social encounters, and that intentional or representational explanations are often important for making these predictions. (shrink)

The present study aimed to examine whether the applied practice of cameras in courtrooms plays a positive role in public confidence in legal authorities and how such impact may occur from the perspectives of the Group Value Model and the surrogacy effect. A convenience sample of 170 college students participated in this experiment. The control group read the written judgment of a civil case published online while the experimental group read the same judgment and watched the (...) court trial video of that case. The overarching mediation model confirmed that there was a significant and indirect influence of video watching on confidence in justice in general. The key underlying mechanisms of this impact were the positive perception of the interpersonal treatment by the judge as well as the perceived fairness of the procedure. This study contributes to the currently limited research examining whether and, if so, how courtroom broadcasting promotes public trust through obtaining empirical evidence. It also expands the application of the Group Value Model to a vicarious interaction setting and provides evidence of the surrogacy effect in a civil legal context. (shrink)

This study examined academic and instructional effects of history fair participation on English Language Learners (ELLs). The exhibition preparation process included inquiry-based pedagogy to increase bilingual students’ social studies knowledge. The Bilingual History Fair required recent immigrant, 4th–12th grade students to explore community and immigration through oral history research projects. The mixed-methods data collection process involved a survey of 37 teacher participants, two teacher focus group interviews, and pre- and post-data collected from 149 student participants. Student involvement in the (...) history project expanded student learning and understanding of historical concepts. Through this initiative, teachers validated the students’ languages, cultures, and life experiences of their families. The student-to-teacher interactions and the employed targeted instructional strategies were “key methods to moving ELLs toward a stage of historical thinking that will have a measurable impact on student progress in the social studies” ( Salinas, Franquiz, & Guberman 2006, p. 207 ). The findings demonstrate that “teaching social studies that matters to ELLs is an achievable goal” ( Cruz & Thornton, 2009, p. 274 ). The process enhanced the self-concept and efficacy of the students and their sense of place in their schools and communities. (shrink)

Nearly one in every 100 adults in the United States is in jail or prison today. In a period dominated by calls to roll back the government in all areas of social and economic policy, we have witnessed its massive expansion in the realm of penal policy since the 1970s. The U.S. incarceration rate is now more than 737 per 100,000 people, or five to 12 times the rate of Western European countries and Japan . The reach of the U.S. (...) carceral state extends far beyond the 2.2 million men and women currently in prison or jail in the United States. On any given day, over 7 million people__or 1 in every 32 adults__are incarcerated or on probation or parole . This rate of state supervision is unparalleled in U.S. history.These overall figures on incarceration belie the enormous and disproportionate impact that this bold and unprecedented social experiment has had on certain groups in U.S. society. If current trends continue, one in three black men and one in six Hispanic men are expected to spend some time in jail or prison during their lives . The number of incarcerated African_American men has grown so rapidly over the past quarter_century that today more black men are behind bars than enrolled in colleges and universities .[1]Some contend that growing public dismay over the crushing economic burden of incarcerating and monitoring so many people heralds the beginning of the end of the prison boom . As evidence, they point to recent penal developments in the states. Severe budget deficits prompted by the 2001 recession forced some states to close prisons and lay off guards. Dozens of states experimented with new sentencing formulas, mostly directed at nonviolent offenders.[2] Fiscally conservative Republicans previously known for being penal hard_liners championed some of these recent relaxations in penal policy. This fueled speculation that law_and_order Republicans, troubled by mounting costs, are well poised to roll back the carceral state, much as red_baiter Richard Nixon was ideally situated to breach the great political wall with China.We should be cautious, however, about assuming that fiscal pressures and the recent softening of public opinion sparked by the plummeting crime rate over the past decade will automatically forge a durable consensus that will dismantle the carceral state.[3] It was mistakenly assumed three decades ago that shared disillusionment on the right and the left with the rehabilitative ideal would shrink the prison population. Instead, it exploded. Criminal justice policies often confound conventional distinctions between left and right, particularly on issues related to crime victims. The relationship between political leaders, social movements, interest groups, and governing institutions is highly contingent and volatile in the case of penal policy because the left_right divide is more blurred and because of certain institutional features of the U.S. criminal justice system and welfare state.[4]While economic arguments against the carceral state are important and compelling, they have their limitations. If properly pitched, they can help forge a consensus to reverse the prison boom. But they can also be used to propel mean_spirited budget cuts that do not significantly reduce the size of the prison population__or save much money__ but do render life in prison and life after prison leaner and meaner. Criminal justice reform to reverse the prison boom is a highly fragile project that cannot be underwritten primarily by fiscal concerns. Without some broader vision and movement for change, the U.S. carceral state, trimmed down a little by a few modest sentencing and drug law reforms, will be here to stay. Such a movement is beginning to coalesce in the United States. Opponents have begun to portray the carceral state not only as a financial liability but also as a moral liability and a pressing civil and human rights issue that perverts cherished democratic institutions, like the right to vote. They have also begun to focus public attention on how the prison boom has exacerbated economic and social inequalities and is a growing menace to public health. (shrink)

Assume that a person who is suspected of either murdering X or raping Y credibly and voluntarily confesses to have committed ‘a terrible crime’ but immediately after this utterance decides to remain silent. The remaining available evidence cannot prove beyond reasonable doubt the exact offence which he committed. Should such an accused be acquitted of both offences and evade the law or should a way be found to allow a conviction, although no specific offence can be proven beyond reasonable doubt? (...) Harel and Porat suggest that such an accused should be convicted of an unspecific offence. This paper reaches entirely different conclusions, according to which the prevailing insistence of most Criminal justice systems on offence specificity is justified. It is argued that offence specificity stems from the cognitive psychological difficulties associated with simulating the event in question if the accused is convicted of an unspecific offence. The reason is that fact-finders are unable to simulate the details of an unspecific offence while retaining a confidence level sufficiently high to satisfy the standard of ‘beyond reasonable doubt’. The fact-finder faces a choice between a proven offence which is difficult to simulate and a group of unproven offences which are easy to simulate. These difficulties also give rise to a more solid expressivist justification for offence specificity than that conceded by Harel and Porat. Unspecific offences undermine the efficacy of condemnation because the message that corresponding convictions would broadcast to members of the public would be either blurred and ineffective or based on scenarios none of which was proven beyond reasonable doubt. This paper therefore offers two independent justifications for the prevailing insistence on offence specificity, both of which are based on the cognitive psychological difficulties of simulation, as found by the fact-finder and the public respectively. (shrink)

In the ‘Justice Cascade’, Kathryn Sikkink argues that “foreign prosecutions and international tribunals can be cost-effective alternatives to military intervention.” Yet, the successes of the Special Court for Sierra Leone—in prosecuting former Liberian President Charles Taylor and in imposing accountability on the leaders of all armed groups regardless of political alignment—were dependent on a commitment by Western powers and international and regional organizations to a military victory against the rebels in Sierra Leone and coercive regime change in Liberia. The (...) lesson that should be drawn from this case—which parallels that of other international tribunals set up during ongoing violence—is that the prospects for international criminal justice during civil wars are dependent on the political strategies adopted by outsiders to address the conflict and that taking criminal accountability seriously requires an interventionist rather than a consent-based approach to conflict resolution. (shrink)

I claim that the revisions John Rawls made to his theory of justice—as seen in his political conception of justice as fairness in the revised edition of Political Liberalism and Justice as Fairness: A Restatement—result in him being able to secure justice for all persons even in their private lives. Thus, I defend his theory against common communitarian and feminist criticisms, viz the lack of moral community and inability to secure justice for individuals (...) in the private domain. I demonstrate that justice is secured from the categorical requirement that all associational life and moral doctrines must adhere to the constraints of justice, by (what Rawls terms) the indirect application of the first principle of justice. The implications of and necessity for this indirect application are precisely what I interrogate in this thesis. I suggest that this indirect application requires unconditional acknowledgement and internalisation of the values of liberty and equality (political values of the first principle) into all aspects of civil society. I claim that Rawls realised this necessity for the congruence between the moral powers of persons, the spheres of society, and the right and the good and, as such, developed a complementary relation between these three features. Coherence between these three aspects is essential; without coherence, citizens would have a split moral personality, the public and the non-public spheres would be in conflict, and the political values and the moral doctrines of individuals would undermine one another. The significance of this strict coherence is that it can ensure the adequate development of individuals’ capacity for citizenship during the three stages of moral development. This results in citizens being able to form bonds of civic friendship necessary for justice as reciprocity to be realised. Thus, in this thesis, I position my argument against theorists such as Nancy Rosenblum, who argue for a more relaxed congruence between political institutions and civil society, as according to her illiberal forms of associational life can help form the necessary bonds of love and care needed for mutual cooperation in a liberal society. In opposition to this, I claim that strict congruence is necessary; without it, a stable liberal society is not possible as the citizens would not be able to able to respect one another on free, equal, and mutually beneficial terms. I rely on Hochschild’s sociological evidence to demonstrate that civic friendship has not been developed, due to a lack of reciprocity, impacting the negative development of one’s sense of justice. I then illustrate how this lack of reciprocity is amplified by digital and artificial intelligence (AI) technologies. The significance of this thesis is that I claim, firstly, Rawls’s last revisions and works before his death demonstrate that justice is a collective non-comprehensive good that results by constraining individuals’ associational life and their partial comprehensive doctrines to Rawlsian demands of justice. Thus, Rawls takes seriously the feminist and communitarian critiques he received. Secondly, I claim that this interpretation of Rawls’s theory of justice cannot be conceptualised in terms of a binary presentation of the priority of the right versus the good debate and, instead, I argue for a reconceptualisation of the priority of the right versus the good as ranges on a continuum of structural relations between the right and the good. (shrink)

One need not look far beyond the titles and distinctive phrases to find a deep and abiding concern for civic virtue in John Rawls’ writings. This chapter provides the necessary account of civic virtue and Rawls's conception of it. For this, it relies most heavily on Rawls's last book, Justice as Fairness: A Restatement. The importance of concepts of citizenship and civility is more evident in Justice as Fairness, than in Rawls's other books. According to Rawls, (...) the most‐advantaged members of a just society would demonstrate their commitment to public culture by inhibiting the wastes of endless self‐ and group‐interested bargaining and offering some hope of realizing social concord and civic friendship. Beyond encouraging civic engagement, Rawls's “political liberalism” has many points of contact with the republican tradition. One such point of contact arises when he indicates the importance to a well‐ordered society of civic education. (shrink)

Resumen: Este artículo analiza cómo se encadenan los planos de lo ontológico y lo óntico en la Teoría Política del Discurso de Ernesto Laclau. Se concluye que, desde el plano ontológico, la hegemonía constituye una forma político-discursiva de articulación y universalización relativa, precaria, contingente y parcial de los particularismos en significantes vacíos que actúan como puntos nodales. Desde el nivel fenoménico-político, Laclau pone en juego estos conceptos para mostrar el desplazamiento y contaminación discursiva entre lo particular y lo universal en (...) la operación hegemónica, que transforma las identidades políticas y construye un orden comunitario y un nuevo sentido común. Desde el nivel ético-político, la conceptualización de la hegemonía se articula a la construcción discursiva de una estrategia socialista y a una democracia radical. Este proyecto político lucha contra los esencialismos y las formas de explotación y opresión social y por un horizonte de liberación que amalgame las luchas de los grupos subordinados y reconozca las diferencias y particularidades como constitutivas y deseables. La teoría formal del populismo presenta algunas inconsistencias óntico-ontológicas en este esquema. Sin embargo, su sobredeterminación simbólica disuelve las disyunciones tajantes entre la lógica y el análisis histórico-político y entre la forma y el contenido. Ello pone de manifiesto el mutuo anudamiento entre lo óntico y lo ontológico y la centralidad de la noción gramsciana de hegemonía para el análisis político y crítico de fenómenos y procesos históricos contemporáneos.: This article analyzes how the ontological and ontic planes are interconnected in Laclau’s political discourse theory. It is concluded that, on the ontological level, hegemony constitutes a political-discursive form of relative, precarious, contingent and partial universalization and articulation of particularities in empty signifiers that act as nodal points. On the phenomenological-political level, Laclau shows the displacement and discursive contamination between the particular and the universal in the hegemonic operation which transforms political identities and builds a communitarian order and a new commonality. On the ethical-political level, the conceptualization of hegemony is articulated as the discursive construction of a socialist strategy and a radical democracy. This political project fights against essentialisms and forms of exploitation and social oppression of subordinate groups, and in favor of a horizon of liberation that recognizes conflicts and differences as constitutive and desirable. The formal theory of populism presents some ontic-ontological inconsistencies in this scheme. However, its symbolic overdetermination dissolves the disjunctions between logic and historical-political analysis and between form and content. This reveals the mutual interconnection between the ontic and the ontological, and the central relevance of the Gramscian notion of hegemony for the political and critical analysis of contemporary historical phenomena and processes. (shrink)

This article aims to explore, through the civil society’s opinion, the polarisation between ‘winners’ and ‘losers’ and the group of the ‘new excluded’, or ‘new poor’, that has emerged as a result of the European economic crisis and the social transformations that followed in the Greek society. Based on the Theory of Justice introduced by John Rawls (1971), and using the approach of Critical Discourse Analysis, this study focuses on the discourse analysis of the perception of 97 (...) representatives of local and national NGOs, both formal and informal. The main results focus on different self and others’ presentations, especially during the economic crisis, and on the creation of an unbalanced, fragmented and exclusion-cantered society. However, the definition of rich and poor appears ambiguous through the analysis of various linguistic strategies of Greek NGOs revealing a hidden face of the society. (shrink)

The problem of algorithmic fairness is typically framed as the problem of finding a unique formal criterion that guarantees that a given algorithmic decision-making procedure is morally permissible. In this paper, I argue that this is conceptually misguided and that we should replace the problem with two sub-problems. If we examine how most state-of-the-art machine learning systems work, we notice that there are two distinct stages in the decision-making process. First, a prediction of a relevant property is made. Secondly, (...) a decision is taken based (at least partly) on this prediction. These two stages have different aims: the prediction is aimed at accuracy, while the decision is aimed at allocating a given good in a way that maximizes some context-relative utility measure. Correspondingly, two different fairness issues can arise. First, predictions could be biased in discriminatory ways. This means that the predictions contain systematic errors for a specific group of individuals. Secondly, the system’s decisions could result in an allocation of goods that is in tension with the principles of distributive justice. These two fairness issues are distinct problems that require different types of solutions. I here provide a formal framework to address both issues and argue that this way of conceptualizing them resolves some of the paradoxes present in the discussion of algorithmic fairness. (shrink)

In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications (...) but rejecting the fourth ‐‐ the demand for social and economic democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks socialism as the preferablesocioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then significantly elaborate my second version of Rawls’s theory of social justice which is composed of the following principles arranged in a very strong order of priority : Basic Rights Principle, Equal Basic Liberties Principle, Fair Equality of Opportunity Principle, Modified Difference Principle, and Social and Economic DemocracyPrinciple. I argue that this elaborated version of the theory – which I call “Justice as Fair Rights” – is better than either Rawls’s original theory or my previous versions of it. (shrink)

The dissertation seeks to characterize the style of government embodied in Adam Smith's vision of civil society. It is composed of two parts. The first, preparatory part develops a framework for offering a historically sensitive interpretation of Smith's works by drawing on and criticizing the treatment of the eighteenth century in the work of several contemporary political theorists and historians of political thought. Part II gives the full-fledged interpretation of Smith's thought, based on both detailed textual interpretation and broad (...) contextual juxtaposition. Smith's highly systematic knowledge of the governance of conduct in civil society forms an innovative response to a political problem first articulated in sixteenth-century raison d'etat, reformulated in seventeenth-century natural jurisprudence, the eighteenth-century discourse of polite sociability and its Mandevillean critique, and posed in acute form by Hume. The problem was how to secure the survival, and enhance the strength, of the political order under conditions both of international military-commercial competition and potentially devastating internal social conflict that could eventuate in the kinds of civil wars that wracked the seventeenth century. ;Accepting Hume's reduction of civil society to an immanent plane devoid of providential guarantee of social harmony, Smith shows, in a first moment, how individuals in civil society are able to govern themselves freely and naturally, and how social order is produced and reproduced naturally. The sympathetic sociability and the natural development of the individual's conscience and sense of duty depicted in The Theory of Moral Sentiments and the commercial society depicted in the Wealth of Nations seem to obviate the need for invasive political governance. To this extent, Smith's "system of natural liberty" entails a minimal style of governance, oriented around the negative activity of administering justice, that is, of protecting individuals' rights by preventing and punishing injustice. However, Smith observes that the contemporary form of civil society necessarily produces among those he calls "the labouring poor," who constitute "the great body of the people," the very forces of "faction" and "fanaticism" that threaten to destroy political authority and social tranquillity. In response, Smith theorizes a more minute, controlling style of governance, oriented around the positive activity of forming and reforming the unruly lower ranks through habituation to a condition of orderliness, discipline and moderation. Smith takes up a series of existing practices for moderating conduct and forming character---practices embodied in educational, military, religious, manufactory and even recreational institutions---and projects them into an overall governmental strategy, theoretically unifying them by means of the jurisprudential category of police. Commerce, polite sociability, the self-governing individual, the practice of justice, the stability of government---in short, civil society as such---turn out to be dependent on the effective subjection of the great body of the people to police institutions. In Smith's comprehensive picture of civil society and government, justice and police represent not an ideal for civil society and its unfortunate but merely de facto subversion, respectively, but rather two ideals of civil society which exist in a relationship of uneasy complementarity. (shrink)

Despite more than half a century of reform efforts, access to civil justice is still understood to be in a state of crisis. Part of the reason for this is because there is no consensus among the legal community on the meaning of justice in this context. This paper seeks to provide a much-needed theoretical underpinning to the access-to-civil-justice movement. It advances ‘justice as fairness,’ as articulated by the American philosopher John Rawls, in (...) conjunction with Lesley Jacobs’ model of equal opportunities, as a suitable theory in which to frame the access-to-civil-justice movement. I explain why this framework is appropriate for pluralistic democracies like Canada and how it can be used to define measures of justice. This exercise is thus not simply a theoretical discussion, but rather is intended to be used as a practical framework to assess current and proposed policy initiatives. (shrink)

Justice and Libertarianism The term ‘justice’ is commonly used in several different ways. Sometimes it designates the moral permissibility of political structures (such as legal systems). Sometimes it designates moral fairness (as opposed to efficiency or other considerations that are relevant to moral permissibility). Sometimes it designates legitimacy in the sense of it being morally impermissible for others to interfere forcibly with the act or omission (e.g., my failing to go to dinner with my mother may (...) be wrong but nonetheless legitimate). Finally, sometimes it designates what we owe each other in the sense of respecting everyone’s rights. Of course, these notions are closely related. What we owe each other may, but need not, be partly based on issues of fairness. Legitimacy and permissibility of political structures are largely, but perhaps not entirely, determined by what rights of non-interference individuals have. Nonetheless, these are distinct notions and we shall focus only on what we owe each other. Justice as what we owe each other is not concerned with impersonal duties (duties owed to no one, i.e., that do not correspond to anyone’s rights). If there are impersonal duties, then something can be just but nonetheless morally impermissible. For brevity, we shall often write of actions being permissible or agents having a moral liberty, but this should always be understood in the interpersonal sense of violating no one’s rights. Libertarianism is sometimes advocated as a derivative set of rules (e.g., derived from rule utilitarian or contractarian doctrines). Here, however, we reserve the term for the natural rights doctrine that agents initially fully own themselves. Agents are full self-owners just in case they own themselves in precisely the same way that they can fully own inanimate objects. Stated slightly differently, full self-owners own themselves in the same way that a full chattel-slaveowner owns a slave. Throughout, we are concerned with moral ownership and not legal ownership.. (shrink)

The draft Common Frame of Reference is likely to play a prominent role in the further development of European contract law. Therefore, with a view to its acceptability it is crucial to assess the draft from the point of view of social justice.The DCFR has all the characteristics of a typical European compromise. Ideological and esthetical purists will certainly be disappointed. This is not necessarily something to be worried about. A common frame of reference is not drafted, in the (...) first place (if at all), for esthetical or ideological reasons; it is meant to provide some normative guidance in the further development of European contract law. European citizens have very different interests, preferences and opinions in relation to almost all the subjects dealt with in the DCFR. A DCFR consistently based on only one conception about the right choices would inevitably have disappointed all European citizens with a different idea of social justice in European private law. Therefore, if we really want the further Europeanization of private law we will have to accept that it will probably look rather different from both the particular Member State law that each of us is familiar with and our personal ideas of social justice. The publication of the interim outline edition of the draft CFR, which is the result of a close collaboration between hundreds of legal scholars from all Member States, has brought that message home. The characterisations of the DCFR as 'a law for big business and competent consumers' or, alternatively, as a 'massive reduction of private autonomy' are both unfounded. Overall, from the point of view of social justice, the DCFR is fairly balanced. Nevertheless, there is certainly room for improvement.Even if the DCFR is going to remain only a soft law instrument it is still likely to have a considerable influence on the further development of private law in Europe and will therefore also affect, directly or indirectly, the lives of all European citizens. For this reason it is crucial that European citizens will not only be the addressees of the CFR, or of the legislative measures based thereon, but can also rightly consider themselves as its authors. After the drafting by legal experts and the rather one-sided 'stakeholders'' input that were both organised by the European Commission it is now time for the citizens' voice. Only a meaningful input from the European and national Parliaments can provide the final CFR with the regulatory legitimacy that it needs.The level of consumer protection in the DCFR is sufficiently high for it to be acceptable as the content of an optional instrument, which could be made applicable, for example, by clicking on a 'blue button'. However, as an absolute maximum beyond which the Member States would not be allowed to go in the case of full harmonisation, it is submitted, the level of protection in the DCFR is insufficient. Moreover, the DCFR draws a sharp distinction between B2C and B2B contracts. It categorically excludes from the protection that it grants to consumers all businesses, even the smallest ones that may be as vulnerable as consumers (or even more so) when it comes to a lack of information, inexperience and dependence. This sharp distinction deviates from the law in many Member States, is not required by the EC Treaty (which is relevant with a view to the CFR's role as a toolbox for revising the acquis and for drafting new acquis), and is potentially contrary to the fundamental principle of justice that any distinction between groups of people should favour the least privileged.General private law - the bulk of the model rules contained in the DCFR - cannot be said to be 'neoliberal' as the Social Justice Group feared it would. Nor is it 'socialist' as some business stake holders warned for. It strikes a balance between autonomy and solidarity that is quite similar to the ones drawn in the modern private laws (including the case law, i.e. not merely the civil codes) of the Member States. However, where the DCFR deviates from the Principles of European Contract Law (PECL) it is always in the liberal direction.Throughout the last Century general clauses, such as good faith, have played a prominent role in promoting social justice in private law in the Member States. In fact they became delegations of law-making power to the courts in order to allow them to find just and fair solutions in new cases. This tradition was codified in the PECL. However, in the DCFR the role of good faith is narrower and deliberately so. From the point of view of social justice it is important that in the final CFR the role of good faith as an undisputed legal basis for judge-made law should be restored.The catalogue of underlying values and principles, that is meant to become the preamble to the final CFR and is likely to play a crucial role in the interpretation and further development of the CFR, brings back to the foreground some fundamental values that have played a prominent role in private law making in the Member States but that have been overshadowed, on the European level, by the narrow focus on market building. Having said that, the list of values in the DCFR could be framed so as to be more balanced. In particular, the privileged position of party autonomy as the only principle that is also contained in the black-letter model rules seems unjustified. (shrink)

In the Spring and Summer of 2014, a group of experts convened a series of meetings at the Westminster headquarters of the UK Ministry of Justice in order to determine whether the Mental Capacity Act 2005 complies with the United Nations Convention on the Rights of Persons with Disabilities. The meetings were organised by the research team of the Essex Autonomy Project, a research and public policy initiative funded by the Arts and Humanities Research Council and based (...) at the University of Essex. The working group included civil servants from the MoJ, the Office of the Public Guardian, and the Department of Health, as well as the Official Solicitor, a senior judge of the Court of Protection, leading academic experts from psychiatry, law and ethics, and representatives of user-group organisations. In September 2014, the EAP research team reported to the MoJ on its findings. This article summarises some of the key arguments and conclusions of that report. Both the report itself and this article represent the views of their respective authors; they should not be taken to represent the views of the MoJ, the AHRC, or the other participants in these consultations. (shrink)

In Promoting Justice Across Borders: The Ethics of Reform Intervention, Lucia Rafanelli offers a framework for normatively evaluating reform interventions. In this comment, I focus not on Rafanelli’s explicit argument, with which I largely agree, but rather on how this argument implicitly maps the terrain of justice, injustice, and justice-promotion. I suggest that Rafanelli overstates the importance and distinctiveness of reform intervention compared to other justice-promoting projects, and in so doing downplays forms of justice-promotion besides (...) reform intervention, including powerful entities reducing their own unjust practices and subaltern groups fighting for justice for themselves. However, if we view reform intervention as one type of justice-promoting project among others, then we can see that, while Rafanelli’s framework is in one sense less consequential than she suggests, it also potentially offers insight into a much wider range of contexts than she acknowledges. (shrink)

Perceptions of justice in decision outcomes and processes increases trust, support for authorities, and satisfaction with unfavorable outcomes (Lind and Tyler 1988). However, very little research has been done to apply justice concepts to natural resource decision making contexts (an exception is Lauber and Knuth 1997; 1998). In the study presented here, two rounds of focus groups with public participants in the Northern Lower Michigan Ecosystem Management Project were conducted. Participants were asked to describe their experiences with (...) and attitudes toward different types of public participation. They were also asked what criteria they use when judging the fairness of a natural resource agency decision. Themes emerging in the answers included the importance of representation, voice, consideration, logic, and desired outcomes. These are very similar to justice principles documented in other fields. This suggests managers would be wise to focus less on public participation techniques and more on achieving fair decision-making processes. (shrink)

It is often argued that multinational companies and other foreign developers have a responsibility to improve the material conditions of the people in whose territories they operate. As a matter of distributive justice it is thought that these companies should be sharing the acquired wealth with these people through the creation of ‘collective goods’ , infrastructure development and compensation disbursements aimed at their benefit. Recently “stakeholder theory” and even legislative changes in the first world have sought to impress on (...) the corporate world the necessity to share the profits with affected “non‐shareholder” groups. Many see these developments as possible advancements for indigenous peoples, indigenous rights and the cause of distributive justice for aboriginal groups. However, it can be shown that the attribution of such ‘imperfect’ duties to corporations results in the generation of excessive costs and of unrealistic expectations on the part of stakeholders. Distributive justice is more efficiently achieved by public sector involvement at the level of policy and project management. (shrink)

It is often argued that multinational companies and other foreign developers have a responsibility to improve the material conditions of the people in whose territories they operate. As a matter of distributive justice it is thought that these companies should be sharing the acquired wealth with these people through the creation of ‘collective goods’ (like schools and aid posts), infrastructure development and compensation disbursements aimed at their benefit. Recently “stakeholder theory” and even legislative changes in the first world (especially (...) in the US) have sought to impress on the corporate world the necessity to share the profits with affected “non‐shareholder” groups. Many see these developments as possible advancements for indigenous peoples, indigenous rights and the cause of distributive justice for aboriginal groups. However, it can be shown that the attribution of such ‘imperfect’ duties to corporations results in the generation of excessive costs and of unrealistic expectations on the part of stakeholders. Distributive justice is more efficiently achieved by public sector involvement at the level of policy and project management. (shrink)

This article discusses the process of empirical research on access to justice, explaining the procedure from data collection to analysis. Research into access to justice finds ways to render civil justice to citizens equitably. Reliable, non-anecdotal data is a prerequisite for useful empirical research into access to justice. Three international initiatives illustrate the reflection of access to justice in research projects. They are, the World Bank's Justice for the Poor Program, UNDP Commission on (...) Legal Empowerment of the Poor, and the Tilburg Microjustice Initiative. The most comprehensive empirical projects on access to justice are those sponsored at the national or sub-national level. Non-governmental drivers of broad-based data collection are other legal actors. This article discusses examples of data collection and evaluation in countries where research has generated data on civil justice. Finally, this article discusses barriers to access to justice, which cause exclusion. (shrink)

Used wisely the concepts of race and ethnicity in research have great potential, but used unwisely they can do immense damage. We need to consider the potential issues that might require a change of emphasis or application of ethics in a multi-ethnic society. Doing no harm is the most important ethical pillar in the ethnicity and health field. Ethnic differences can be used in damaging ways. Without the ethic of beneficence in place it is better not to draw attention to (...) ethnic differences. Respect is the pre-condition for autonomy. Autonomy of ethnic minority populations to live in their own traditional way is not easy to achieve in multi-ethnic societies. There are difficult issues in multi-ethnic societies that require great sensitivity to create a sense of fairness and justice. Justice is the core value that underpins equity. There is a deep paradox – to promote equality, we may need to treat people and groups unequally. Ethical codes need to be modified to emphasize the importance of including ethnic minority populations in research and not bypassing them, as has been happening. It is correct, for example, that potential research participants' personal details are guarded. If such a person, however, does not read it may be unethical to send written information about a project. It may be more ethical to tele phone or even call at the doorstep of such a person. The history of racism in research is worrying, not least the fear that it might return. We need a governing code of conduct. Ethical research can help ethnic minority groups to move from the shadows of society and participate in a vibrant, healthy, multi-ethnic society. (shrink)

Jonathan Jacobs examines the injustice of incarceration in the U.S. and U.K., both during incarceration and upon release into civil society. Situated at the intersection of criminology and political philosophy, Jacobs's focus is on moral reasoning, and he argues that the current state of incarceration is antithetical to the project of liberal democracy, as it strips incarcerated people of their agency. He advocates for reforms through a renewed commitment to the values and principles of liberal democracy and proposes (...) a retributivist conception of sanction to reform the criminal justice system and emphasizes the importance of proportionality. (shrink)

‘Justice’ is spoken of in two ways: the lawful and the fair. The law is a human construct that is devoted to the advantage of all, or to the advantage of the best, or to the advantage of those in power or to the advantage of those representing it – let it be the politician, the media, the TV presenter, the filmmaker. Thus, the law serves the production or the preservation of happiness within politics and business. The law commands (...) us to act according to the mean. A well-written law follows the mean well and a poorly written law does not. On the other hand, fairness is a principle sometimes materialised through the law and the given justice system. Fairness is the ultimate value pursued by both the common law and civil law traditions. However, its distribution through the law and the representation of this delivery varies. Does this mean that a different kind of justice is distributed? Through the teachings of Aristotle, this essay aims to deconstruct the notion of justice, by breaking down its two ingredients, the lawful and the fair, and by analysing the effect of their representation in modern European society. The relativity attached to the notion of justice is not a modern phenomenon, but a philosophical matter that can be analysed and indeed explained through the teachings of Aristotle and its contemporary students. The analysis will be developed in the context of convergent Europe, focusing on the role of the media and courts especially in relation to criminal justice. (shrink)

One of the world's most famous philosophers, Jacques Derrida, explores difficult questions in this important and engaging book. Is it still possible to uphold international hospitality and justice in the face of increasing nationalism and civil strife in so many countries? Drawing on examples of treatment of minority groups in Europe, he skilfully and accessibly probes the thinking that underlies much of the practice, and rhetoric, that informs cosmopolitanism. What have duties and rights to do with hospitality? Should (...) hospitality be grounded on a private or public ethic, or even a religious one? This fascinating book will be illuminating reading for all. (shrink)

Activities protesting against major polluters who cause climate change may cause damage to private property in the process. This paper investigates the case for a more international general basis of moral justification for such protests. Specific reference is made to the Kingsnorth case, which involved a protest by Greenpeace against coal-powered electricity generation in the UK. An appeal is made to Rawlsian fairness arguments, traditionally employed to support the obligation of citizens to their national governments as opposed to their (...) international duties. The argument made here, however, is that there seem to be sufficient reasons for holding that a stable climate is one of the first truly global public goods that is indispensable to acceptable standards of living everywhere. This would suffice to justify international and intergenerational 'atmospheric' political obligations, which in turn may justify protests - even those causing some damage to private property - against the laws and policies that violate the fair terms of cooperation in providing a stable climate. The fairness argument aims also to provide a ground from which Green political theory could integrate accounts of radical forms of citizenship into appeals to state political authority. This leads to justifying acts of civil disobedience on the basis of novel understandings of 'atmospheric' citizenship obligations. (shrink)

The definition and measurement of social welfare have been a vexed issue for the past century. This book makes a constructive, easily applicable proposal and suggests how to evaluate the economic situation of a society in a way that gives priority to the worse-off and that respects each individual's preferences over his or her own consumption, work, leisure and so on. This approach resonates with the current concern to go 'beyond the GDP' in the measurement of social progress. Compared to (...) technical studies in welfare economics, this book emphasizes constructive results rather than paradoxes and impossibilities, and shows how one can start from basic principles of efficiency and fairness and end up with concrete evaluations of policies. Compared to more philosophical treatments of social justice, this book is more precise about the definition of social welfare and reaches conclusions about concrete policies and institutions only after a rigorous derivation from clearly stated principles. (shrink)