German law is commonly assumed to be strongly influenced by legal scholarship. This was certainly true in the past, and this article explores whether it is still the case today. But what is actually meant by ‘influence’ in the context of law? Who exerts it on whom, and how? These questions are analysed in the first part of the article. It is then shown, by drawing on biographical material, legislative history and case law, how legal scholarship contributes to both the (...) legislative and the judicial lawmaking process in Germany—and where it does not. Finally it is asked how the specific relationship between legal academics and lawmakers in the German legal system can be explained and whether this model can be transferred to other systems. (shrink)

This Note is intended to stand as a short supplement to the compelling article by Stefan Vogenauer entitled, ‘A Retreat from Pepper v Hart? A Reply to Lord Steyn’ published in the Journal at the end of 2005.1 In his article, Professor Vogenauer calls in question the argument advanced by Lord Steyn in his article in the Journal, entitled ‘Pepper v Hart: A Re-examination’.2 In that article, Lord Steyn called for a retreat from the decision of the (...) House of Lords in Pepper v Hart3 concerning the circumstances in which reference may be made to Hansard as an aid to statutory construction and for a reinterpretation of the decision in line with a theory that a Minister speaking in Parliament who gives an explanation of the meaning or effect of a clause in a Bill should be taken to create a binding legitimate expectation that the executive will apply the provision, once enacted, in that sense. In this Note, I express my agreement with Professor Vogenauer’s argument, and seek to support it with some additional points under three heads: (1) the proper interpretation of Pepper v Hart and its status as authority; (2) the basis in principle for adhering to that interpretation; and (3) conceptual difficulties attached to Lord Steyn’s legitimate expectation thesis. (shrink)

Die Frage nach der Technik ist eine Art der Heideggerschen Frage nach dem Sein, die die Fragen nach dem Menschen in der Moderne und nach der Zivilisation überhaupt impliziert. Im Rahmen der sogenannten "Seinsgeschichte" bildet sie eine Kreuzungsstelle, die von verschiedenen Linien gebildet wird, welche wiederum in ihrer Verschiedenheit zu berücksichtigen sind und nicht einfach textuell hermetisiert werden dürfen. Heidegger besorgt nicht zuletzt mit Hilfe der seinsgeschichtlichen Konstellation des Gestells seine Selbstinterpretation hinsichtlich der Haltung zum Nationalsozialismus. Verweigert wird die falsche (...) Alternative eines platt-realistischen oder biographischen Reduktionismus zum einen und des Jüngerschar-Minimalismus oder kalauernden dekonstruktivistischen Textdesigns zum andern. Genauso einseitig wie der absicherungsstrategische Jargon der Orthodoxie ist die positivistische Abschiebung Heideggers in die Ecke der "Begriffsdichtung". Tatsächlich besteht ein arbeitsteiliger Konsens zwischen beiden Seiten. Gegen diesen Konsens im Dissens opponiert vorliegender Text. (shrink)

Stefan Collini challenges the common claim that universities need to show that they help to make money in order to justify getting more money.

Artificial Intelligence (AI) is increasingly adopted in society, creating numerous opportunities but at the same time posing ethical challenges. Many of these are familiar, such as issues of fairness, responsibility and privacy, but are presented in a new and challenging guise due to our limited ability to steer and predict the outputs of AI systems. This chapter first introduces these ethical challenges, stressing that overviews of values are a good starting point but frequently fail to suffice due to the context (...) sensitivity of ethical challenges. Frequently, additional (ethical) values emerge for specific applications, as e.g. challenges with fraud detection are very different from those around language technologies. Second, methods to tackle these challenges are discussed. Main ethical theories (virtue ethics, consequentialism, and deontology) are shown to provide a starting point, but often lack the details needed for actionable AI Ethics. Instead, mid-level philosophical theories coupled to design-approaches such as Design for Values, together with interdisciplinary working methods, offer the best way forwards. The chapter aims to show how these approaches can lead to an ethics of AI that is actionable and that can be proactively integrated in the design of AI systems. (shrink)

What are the fittingness conditions of gratitude? One assumption seems unquestioned in the literature: that whenever it’s fitting for you to be grateful to me, that’s because I’ve benefitted or tried to benefit you. In this paper, I argue that that’s false. You may sometimes fittingly be grateful precisely because I refrained from benefitting you. Or you may be grateful because I omitted to instrumentalise you, or treated you justly – where this isn’t reducible to benefits. Morality isn’t all about (...) benefits, so gratitude isn’t either. Instead, gratitude is the proper response to being shown more positive moral regard than you’re owed – where such regard might consist in beneficence, or respect, or in whatever kind of positive moral attitude. (shrink)

An intro. to Didaktic (the heart of thinking about teaching/teacher educ in Germany) for English-speaking readers, drawing on a range of writings assoc. w/ this tradition. Throws light on assumptions, characteristics, & weaknesses of curriculum thought.

This imaginative and unusual book explores the moral sensibilities and cultural assumptions that were at the heart of political debate in Victorian and early twentieth-century Britain. It focuses on the role of intellectuals as public moralists and suggests ways in which their more formal political theory rested upon habits of response and evaluation that were deeply embedded in wider social attitudes and aesthetic judgments. Collini examines the characteristic idioms and strategies of argument employed in periodical and polemical writing, and reconstructs (...) the sense of identity and of relation to an audience exhibited by social critics from John Stuart Mill and Matthew Arnold to J.M. Keynes and F.R. Leavis. (shrink)

ABSTRACT:The notion of “democracy” has become a much-debated concept in scholarship on business ethics, management, and organization studies. The strategy of this paper is to distinguish between a principle of organization that fosters participation (type I democracy) and a principle of legitimation that draws on consent (type II democracy). Based on this distinction, we highlight conceptual shortcomings of the literature on stakeholder democracy. We demonstrate that parts of the literature tend to confound ends with means. Many approaches employ type I (...) democracy notions of participation and often take for granted that this also improves type II democratic legitimation. We hold this to be a mistake. We provide examples of the ambiguity of organizational procedures and show that under some circumstances a decrease in the degree of participation may actually increase legitimation because a governance structure that results in higher productivity can provide higher benefits for all parties involved, serve their interests and therefore meet their agreement. Less type I democracy may mean more type II democracy. We believe this to be an important insight for judging (and further improving) the legitimacy of both capitalistic firms and competitive markets. (shrink)

I argue that difference-making should be a crucial element for evaluating the quality of evidence for mechanisms, especially with respect to the robustness of mechanisms, and that it should take central stage when it comes to the general role played by mechanisms in establishing causal claims in medicine. The difference- making of mechanisms should provide additional compelling reasons to accept the gist of Russo-Williamson thesis and include mechanisms in the protocols for Evidence- Based Medicine, as the EBM+ research group has (...) been advocating. (shrink)

Explainable artificial intelligence (XAI) aims to help people understand black box algorithms, particularly of their outputs. But what are these explanations and when is one explanation better than another? The manipulationist definition of explanation from the philosophy of science offers good answers to these questions, holding that an explanation consists of a generalization that shows what happens in counterfactual cases. Furthermore, when it comes to explanatory depth this account holds that a generalization that has more abstract variables, is broader in (...) scope and/or more accurate is better. By applying these definitions and contrasting them with alternative definitions in the XAI literature I hope to help clarify what a good explanation is for AI. (shrink)

Topic of the paper is Q-logic – a logic of agency in its temporal and modal context. Q-logic may be considered as a basal logic of agency since the most important stit-operators discussed in the literature can be defined or axiomatized easily within its semantical and syntactical framework. Its basic agent dependent operator, the Q-operator (also known as Δ- or cstit-operator), which has been discussed independently by F. v. Kutschera and B. F. Chellas, is investigated here in respect of its (...) relation to other temporal and modal operators. The main result of the paper, then, is a completeness result for a calculus of Q-logic with respect to a semantics defined on the tree-approach to agency as introduced and developed by, among others, F. v. Kutschera and N. D. Belnap. (shrink)

One of the important discussions in the philosophy of mathematics, is that centered on Benacerraf’s Dilemma. Benacerraf’s dilemma challenges theorists to provide an epistemology and semantics for mathematics, based on their favourite ontology. This challenge is the point on which all philosophies of mathematics are judged, and clarifying how we might acquire mathematical knowledge is one of the main occupations of philosophers of mathematics. In this thesis I argue that this discussion has overlooked an important part of mathematics, namely mathematics (...) as it is exercised by ordinary people. I do so by looking at the different theories that have been put forward in the recent debate, and showing for each of these that they are unable to account for the mathematical practices of ordinary people. In order to show that these practices do need to be accounted for, I also argue that ordinary people are doing mathematics, i.e. that they engage in properly mathematical practices. Because these practices are properly mathematical, they should be accounted for by any philosophy of mathematics. The conclusion of my thesis, then, is that current theories fail to do something that they should do, while remaining neutral on how well they perform when it comes to accounting for the practices of professional mathematicians. (shrink)

How do we get out knowledge of the natural numbers? Various philosophical accounts exist, but there has been comparatively little attention to psychological data on how the learning process actually takes place. I work through the psychological literature on number acquisition with the aim of characterising the acquisition stages in formal terms. In doing so, I argue that we need a combination of current neologicist accounts and accounts such as that of Parsons. In particular, I argue that we learn the (...) initial segment of the natural numbers on the basis of the Fregean definitions, but do not learn the natural number structure as a whole on the basis of Hume's principle. Therefore, we need to account for some of the consistency of our number concepts with the Dedekind-Peano axioms in other terms. (shrink)

A vernacular fifteenth-century sermon tells us, in order to warn of the threats to spiritual welfare posed by dance, that cyclic motion and centering of sensory impressions – amongst them intimate conversation – are essential elements of dance. When blending out the parenesis, implicit poetics of medieval dance can be distilled from that sermon. The way how these essential elements of dance are used for generating disruptions within literary plots will be demonstrated in three literary texts dating from the thirteenth (...) to the fifteenth century: Disruptions in connection with dance occur when contrary concepts of motion clash with each other, for example the linearity of the chivalrous way through the Other World with the cyclicity of round dances. ‚Der Württemberger‘, however, collides two contrary concepts of time which can be paraphrased as spatial metaphors, namely the linearity of earthly life which collides with the cyclicity of eternal damnation, a collision symbolized by the expulsion of life out of the dance of the death. Finally in ‚Ritter Sociabilis‘, dance generates a virtual space which subverts the courtly society. The protagonists of all these texts differently manage to resolve disruptions, namely by redemption, by repentance, or by continuing disruptions which they have caused themselves. (shrink)

In the past few decades, a growth in ethical consumerism has led brands to increasingly develop conscientiousness and depict ethical image at a corporate level. However, most of the research studying business ethics in the field of corporate brand management is either conceptual or has been empirically conducted in relation to goods/products contexts. This is surprising because corporate brands are more relevant in services contexts, because of the distinct nature of services and the key role that employees have in the (...) services sector. Accordingly, this article aims at empirically examining the effects of customer perceived ethicality in the context of corporate services brands. Based on data collected for eight service categories using a panel of 2179 customers, the hypothesized structural model is tested using path analysis. The results show that, in addition to a direct effect, customer perceived ethicality has a positive and indirect effect on customer loyalty, through the mediators of customer affective commitment and customer perceived quality. Further, employee empathy positively influences the impact of customer perceived ethicality on customer affective commitment, and customer loyalty positively impacts customer positive word-of-mouth. The first implication of these results is that corporate brand strategy needs to be aligned with human resources policies and practices if brands want to turn ethical strategies into employee behavior. Second, corporate brands should build more authentic communications grounded in their ethical beliefs and supported by evidence from actual employees. (shrink)

This article develops an objection to Kant’s proof of freedom from the Critique of Practical Reason. In his proof — the fact of reason argument — Kant deduces the reality of freedom, understood as the ability to act independently of all inclinations, from our consciousness of the unconditional validity of morality. He calls this consciousness the "fact of reason". After a systematic reconstruction of the argument, I develop an objection that relies on three points: (i) the cultural embeddedness of human (...) beings ("fact of culture"), (ii) an "external" perspective on human deliberative processes, and (iii) an alternative interpretation of the unconditional validity of morality that appears in practical deliberation. Contrary to Kant’s claims, I argue that the reality of freedom cannot be deductively derived from the fact of reason. I then discuss two objections to my argument. The first objection claims that my considerations regarding the "external" perspective misunderstand Kant's methodology. The second objection states that, based on my considerations, the fact of reason ultimately turns out to be an illusion. I discuss both objections and refute them. My ultimate conclusion is that Kant's fact of reason argument is not convincing. (shrink)

Recently several educational theorists have argued for the incorporation of a scepticism of a postmodern kind into educational theory and into educational research more specifically. Their understanding of postmodernism in terms of scepticism harbours much potential, but to avoid confusion and misunderstanding it is of importance that the ‘scepticism’ associated with postmodernism is distinguished from traditional philosophical scepticism, be it as part of the very process of theoretical scrutiny or as a challenge towards its results. In this paper it will (...) be argued that the interest of postmodernist ‘scepticism’ lies not in a quest for ever more certainty but rather in the way it moves beyond both foundationalism and philosophical scepticism. This will be elaborated from the point of view of a Wittgensteinian understanding of theoretical scrutiny (as found in On Certainty). This opens up the possibility of shedding light on postmodernist ‘scepticism’ in educational theory in terms of an aesthetic distance towards what is reflected upon. (shrink)

The Approximate Number System (ANS) is a system that allows us to distinguish between collections based on the number of items, though only if the ratio between numbers is high enough. One of the questions that has been raised is what the representations involved in this system represent. I point to two important constraints for any account: (a) it doesn’t involve numbers, and (b) it can account for the approximate nature of the ANS. Furthermore, I argue that representations of pure (...) magnitude with vehicles that have an imprecision in the value of the unit of measurement (further clarified through a formal model from measurement theory) fit both these requirements. (shrink)

In much educational theory there is concern about claims that the concept of truth has no place anymore in educational thinking. These claims are generally identified as ‘postmodernist’ or ‘poststructuralist’. The fear is that when abandoning the quest for truth we enter the domain of mere belief, and in this way leave education without firm grounds. In this article I examine some examples of what is often crudely lumped together as ‘postmodernist’ educational research. What is at stake here, I argue, (...) is not so much a rejection of the quest for truth as rather a shift of focus to a different set of questions and interests: for example, existential questions. Against the contemporary, dominant focus on evidence-based practice, which conceals the person behind the method (textbook, rules, techniques), here the embodied person with her individual investment in education is brought into the light again. (shrink)

According to Hempel’s influential theory of explanation, explaining why some a is G consists in showing that the truth that a is G follows from a law-like generalization to the effect that all Fs are G together with the initial condition that a is F. While Hempel’s overall account is now widely considered to be deeply flawed, the idea that some generalizations play the explanatory role that the account predicts is still often endorsed by contemporary philosophers of science. This idea, (...) however, conflicts with widely shared views in metaphysics according to which the generalization that all Fs are G is partially explained by the fact that a is G. I discuss two solutions to this conflict that have been proposed recently, argue that they are unsatisfactory, and offer an alternative. (shrink)

Many contemporary students feel as though they are always waiting for the future—for their next test, their next grade, and their next class. Many contemporary teachers feel as though they are always preparing students for the future—for their next stage of schooling, their careers, and the rest of their lives. With all their anxiety about what lies ahead, both students and teachers might be perplexed by the suggestion that the best preparation for the future is living in the fullness of (...) the present.JeffFrank reminds readers that this idea permeates Dewey's educational thought. In particular, he argues that the significance of the present is a key theme in two of Dewey's most important works on education, Democracy... (shrink)

In the present chapter, the design of select margins of late medieval Old Norse manuscripts containing the Icelandic ‘Jónsbók’, ‘Kristinréttr Árna biskups’ and Norwegian ‘Landslǫg’ law codes is addressed. In particular, it discusses the size and fillings of margins in these codices and the relation to their modes of use by original clients and later owners. Although it is well-known that Scandinavian law manuscripts contain a large number of notes written by both original and later users, the particular use of (...) marginal spaces by original scribes and illuminators for glosses and other annotations and illuminations has scarcely been investigated to date. In my contribution, two distinctive features will be addressed: (1.) The different use of margins by Norwegian and Icelandic readers of the manuscripts, and (2.) the use of margins by illuminators surrounding the column(s) and incorporated initials. (shrink)

Recently several educational theorists have argued for the incorporation of a scepticism of a postmodern kind into educational theory and into educational research more specifically. Their understanding of postmodernism in terms of scepticism harbours much potential, but to avoid confusion and misunderstanding it is of importance that the ‘scepticism’ associated with postmodernism is distinguished from traditional philosophical scepticism, be it as part of the very process of theoretical scrutiny or as a challenge towards its results. In this paper it will (...) be argued that the interest of postmodernist ‘scepticism’ lies not in a quest for ever more certainty but rather in the way it moves beyond both foundationalism and philosophical scepticism. This will be elaborated from the point of view of a Wittgensteinian understanding of theoretical scrutiny (as found in On Certainty). This opens up the possibility of shedding light on postmodernist ‘scepticism’ in educational theory in terms of an aesthetic distance towards what is reflected upon. (shrink)

We consider the historic Harress-Sagnac experiment in the light of our absolute space-time theory, proposing two modifications, and we give an account of its recent practical performance. We show that the effect of the rotating disk experiment is a direct result of the light velocity's direction dependence and we point out that our recently performed coupled-mirrors experiment, with whose help for the first time we have measured the Earth's absolute velocity, can be considered as a logical result of the rotating (...) disk experiment. (shrink)

The article defines a new referential problem of ethnographic description: the verbalization of the "silent" dimension of the social. As a documentary procedure, description has been devalued by more advanced recording techniques that set a naturalistic standard concerning the reification of qualitative "data." I discuss this standard from the perspective of the sociology of knowledge and replace it by a challenge unknown to all empirical procedures relying on primary verbalizations of informants. Descriptions have to solve the problems of the voiceless, (...) the silent, the unspeakable, the pre-linguistic, and the indescribable. Ethnography puts something into words, which did not exist in language before. To respond to this task, descriptions have to turn away from the logic of recording and develop into a theory-oriented research practice. (shrink)

Zusammenfassung Die Einführung von Impfprogrammen bei einer immun-naiven Bevölkerung in Europa spielte eine wesentliche Rolle für den Verlauf der COVID-19 Pandemie. Vor allem zu Beginn waren Impfprogramme jedoch durch einen Mangel an Impfdosen gekennzeichnet. Bei einer Zuteilung geringer Dosen an Krankenhäuser in der Initialphase, waren Krankenhausleitungen durch eine möglichst faire Verteilung dieser Impfdosen unter dem Krankenhauspersonal gefordert. Der Beitrag dokumentiert das Vorgehen im ersten Quartal 2021 an fünf deutschen Krankenhäusern in einem Klinikverbund. Wir berichten über einen regel-konsequentialistischen Ansatz auf der (...) strategischen Ebene, der durch einen egalitären Ansatz auf der taktischen Ebene ergänzt wurde. Es erfolgte die ethisch begleitete Entwicklung eines hybriden Schemas unter Verzicht auf klassische Verteilungsmuster, wie dem First-Come-First-Served Schema. Die Kombination des strategischen regel-konsequentialistischen Schemas mit egalitärer Verteilung auf der taktischen Ebene war vollständig funktional und unter den Mitarbeitenden des Klinikverbundes gut akzeptiert. In Zeiten von Pandemien und knappen Ressourcen spielt die Verteilung von medizinischen Gütern für die Funktionalität medizinischer Einrichtungen eine wichtige Rolle. Die Verteilung von Gütern, die durch den Staat bereitgestellt werden, bedarf jedoch einer Anpassung an die jeweiligen Gegebenheiten der Institutionen. Dieser Bericht zeigt eine mögliche Option für die Verteilung knapper Impfdosen auf, die nicht nur unter Personen der Zielgruppe verteilt wurden, sondern die auch die Funktionalität der medizinischen Versorgung in einer Region sicherte. (shrink)

The article defines a new referential problem of ethnographic description: the verbalization of the “silent” dimension of the social. As a documentary procedure, description has been devalued by more advanced recording techniques that set a naturalistic standard concerning the reification of qualitative “data.” I discuss this standard from the perspective of the sociology of knowledge and replace it by a challenge unknown to all empirical procedures relying on primary verbalizations of informants. Descriptions have to solve the problems of the voiceless, (...) the silent, the unspeakable, the pre-linguistic, and the indescribable. Ethnography puts something into words, which did not exist in language before. To respond to this task, descriptions have to turn away from the logic of recording and develop into a theory-oriented research practice. (shrink)

Users of sociotechnical systems often have no way to independently verify whether the system output which they use to make decisions is correct; they are epistemically dependent on the system. We argue that this leads to problems when the system is wrong, namely to bad decisions and violations of the norm of practical reasoning. To prevent this from occurring we suggest the implementation of defeaters: information that a system is unreliable in a specific case (undercutting defeat) or independent information that (...) the output is wrong (rebutting defeat). Practically, we suggest to design defeaters based on the different ways in which a system might produce erroneous outputs, and analyse this suggestion with a case study of the risk classification algorithm used by the Dutch tax agency. (shrink)

ABSTRACT How do non-experts single out numbers for reference? Linnebo has argued that they do so using a criterion of identity based on the ordinal properties of numerals. Neo-logicists, on the other hand, claim that cardinal properties are the basis of individuation, when they invoke Hume’s Principle. I discuss empirical data from cognitive science and linguistics to answer how non-experts individuate numbers better in practice. I use those findings to develop an alternative account that mixes ordinal and cardinal properties to (...) provide a detailed answer to the question: how do we in fact semantically individuate numbers? (shrink)

Need considerations play an important role in empirically informed theories of distributive justice. We propose a concept of need-based justice that is related to social participation and provide an ethical measurement of need-based justice. The β-ε-index satisfies the need-principle, monotonicity, sensitivity, transfer and several »technical« axioms. A numerical example is given.

To understand Nietzsche's view of education requires us to grasp the importance Nietzsche attaches to being embedded in a particular historical and cultural frame. Education is, at least in the early stages, a matter of teaching the child to see and to value particular things or, in Nietzsche's way of putting this, teaching the child to lie. Here I develop an interpretation contrary to those who emphasise Nietzsche's radical individualism and thus view his Overman in subjectivistic terms. I argue that (...) Nietzsche's most important lesson is not that we are to create anything radically new, but rather that we are to take up a serious engagement with respect to what we stand for. (shrink)

We present the first comprehensive theory of fairness that conceives of fairness as having two dimensions: a comparative and an absolute one. The comparative dimension of fairness has traditionally been the main interest of Broomean fairness theories. It has been analysed as satisfying competing individual claims in proportion to their respective strengths. And yet, many key contributors to Broomean fairness agree that ‘absolute’ fairness is important as well. We make this concern precise by introducing the Fairness formula and the absolute (...) priority rule and analyse their implications for comparative fairness. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

In a recent paper, Nate Sharadin and Rob van Someren Greve pull into doubt a seemingly platitudinous idea: deontic evaluation is capable of guiding action (“Capable”). After discussing several arguments for it, the authors conclude that, to the extent to which Capable can be defended, it cannot produce interesting results about the nature of the deontic. My goal is to argue that the authors’ skeptical endeavors are unconvincing. I aim to show that they rely on an implausibly broad understanding of (...) “actual guidance”. I propose an alternative understanding and show that, with it, “functionalist” arguments of the above kind can produce interesting results. If I am right, Sharadin’s and van Someren Greve’s considerations do not get off the ground. Instead, optimism seems warranted: We can learn something interesting about the nature of the deontic by assuming that actual guidance is the function of deontic evaluation. (shrink)

Sur la décomposition des ensembles de points en parties respectivement congruentes.