Journal of Global Ethics, Volume 9, Issue 3, Page 329-343, December 2013.

Commercial surrogacy arrangements now cross borders; this paper aims to reevaluate the traditional moral concerns regarding the practice against the added ethical dimension of global injustice. I begin by considering the claim that global surrogacy serves to satisfy the positive reproductive rights of infertile first-world women. I then go on to consider three powerful challenges to this claim. The first holds that commercial surrogacy involves the commodification of a good that should not be valued in market terms, the second that (...) it involves the exploitation of the labor of disadvantaged women, and the third that it depends on the illegitimate privileging of positive rights over negative rights. I reject the first of these challenges and argue that global surrogacy arrangements are indeed exploitative on the dual basis of what I call intracontractual injustice and intercontractual coercion. The latter, I contend, depends on a preexisting negative rights violation, which cannot be permitted for the sake of satisfying another's positive reproductive entitlement. I conclude not in favor of a global ban but with suggestions on how developing nations that permit commercial surrogacy might better protect the negative reproductive rights of their female citizens, thereby making them less vulnerable to exploitation. (shrink)

Consensus is lacking among research ethicists on the question of how broadly to understand the requirements of non-exploitation in international clinical research. Two types of principles have been proposed, minimalist and non-minimalist, grounded in two opposing conceptions of exploitation, transactional and systemic. Transactionalists have offered principles, which, it has been argued, are satisfied by minimal gains to vulnerable subjects measured against an unjust status quo. Systemicists have advanced principles with decidedly non-minimal mandates but only by conflating the obligations of clinical (...) research with those of First World citizenship. My aim here is to break this deadlock by offering grounds for a non-minimal requirement of international research ethics grounded in a transactional conception of exploitation. I do this by arguing that a subject's gains must be measured not only within the transaction, relative to her own starting point and to the share of gains enjoyed by her co-transactor, but also across transactions, so as to ensure parity of benefit to trial participants whenever, and wherever, parity of burden is assumed. (shrink)

People tend to be repulsed by the idea of cash markets in kidneys, but support the trading of kidneys through paired exchanges or chains. We reject anti-commodification accounts of this reaction and offer an egalitarian one. We argue that the morally significant difference between cash markets and kidney chains is that the former allow the wealthy greater access to kidneys, while the latter do not. The only problem with kidney chains is that they do not go far enough in addressing (...) equality concerns, and we show how the introduction of cash payments by the state could remedy this. (shrink)

A private, for-profit company has recently opened a pair of plasma donation centres in Canada, at which donors can be compensated up to $50 for their plasma. This has sparked a nation-wide debate around the ethics of paying plasma donors. Our aim in this paper is to shift the terms of the current debate away from the question of whether plasma donors should be paid and toward the question of who should be paying them. We consider arguments against paying plasma (...) donors grounded in concerns about exploitation, commodification, and the introduction of a profit motive. We find them all to be normatively inconclusive, but also overbroad in light of Canada’s persistent reliance on plasma from paid donors in the United States. While we believe that there are good reasons to oppose allowing a private company to profit from Canada’s blood supply, these concerns can be addressed if payment is dispensed instead by a public, not-for-profit agency. In short, we reject profiting from plasma while we endorse paying for plasma; we therefore conclude in favour of a new Canadian regime of public sector plasma collection and compensation. (shrink)

The Canadian province of Quebec recently amended its Health Insurance Act to cover the costs of In Vitro Fertilization . The province of Ontario recently de-insured IVF. Both provinces cited cost-effectiveness as their grounds, but the question as to whether a public health insurance system ought to cover IVF raises the deeper question of how we should understand reproduction at the social level, and whether its costs should be a matter of individual or collective responsibility. In this article I examine (...) three strategies for justifying collective provisions in a liberal society and assess whether public reproductive assistance can be defended on any of these accounts. I begin by considering, and rejecting, rights-based and needs-based approaches. I go on to argue that instead we ought to address assisted reproduction from the perspective of the contractarian insurance-based model for public health coverage, according to which we select items for inclusion based on their unpredictability in nature and cost. I argue that infertility qualifies as an unpredictable incident against which rational agents would choose to insure under ideal conditions and that assisted reproduction is thereby a matter of collective responsibility, but only in cases of medical necessity or inability to pay. The policy I endorse by appeal to this approach is a means-tested system of coverage resembling neither Ontario nor Quebec's, and I conclude that it constitutes a promising alternative worthy of serious consideration by bioethicists, political philosophers, and policy-makers alike. (shrink)

Anti-commodification theorists condemn liberal political philosophers for not being able to justify restricting a market transaction on the basis of what is sold, but only on the basis of how it is sold. The anti-commodification theorist is correct that if this were all the liberal had to say in the face of noxious markets, it would be inadequate: even if everyone has equal bargaining power and no one is misled, there are some goods that should not go to the highest (...) bidder. In this paper, I respond to the anti-commodification critique of liberalism by arguing that the political liberal has the wherewithal to account not only for the conditions under which goods should not be sold, but also for what kinds of goods should not be for sale in a market economy. The political liberal can appeal to a principle of equal basic rights, and to one of sufficiency in basic needs and the social bases of self-respect, I argue, to account for what’s problematic about markets in civic goods, necessary goods, and physical goods including body parts and intimate services. (shrink)

Egalitarian liberal political philosophers have been at pains to show that there is a nonnegligible “place” for liberty within the framework of an egalitarian theory of justice. Thus, many have insisted that, when redistribution is required in order to achieve greater equality, assets should be transferred in the most abstract form possible, ideally through a system of cash transfers. In this article we argue that this strategy has the potential to generate significant violations of neutrality. The problem arises from the (...) fact that individuals with certain rates of time preference often want to use social institutions as self-binding mechanisms and as a result may exhibit a preference for in-kind benefits or other institutional arrangements that are frequently misclassified as paternalistic. We argue that egalitarians who rely on cash transfers as a way of accommodating the demands of liberty do so at the expense of neutrality. (shrink)

According to Philippe Van Parijs, the superiority of an unconditional basic income (UBI) over conventional means-tested liberal welfare state programs lies in its decommodifying potential. In this article I argue that even if a UBI was sustainable at high enough a level to lessen the extent to which an individual is forced to sell his or her labor power in the market, it would nonetheless have the adverse and simultaneous effect of forcing that individual into further market transactions to satisfy (...) his or her most basic needs. I conclude that the relative directness with which a welfare regime responds to basic needs qualifies as a crucial dimension of decommodification, and that the conventional liberal welfare state scores rather higher along this dimension than a UBI would. (shrink)

Exploitation is a concept that escapes easy definition. As Ruth Sample writes in her contribution to Exploitation: From Practice to Theory, "There seems to be no clear, publicly recognized principle, that allows us to determine which interactions are exploitative and which are not". As someone who researches in the field of human trafficking, this is a problem I recognize. Exploitation is at the nub of the international definition of human trafficking. The United Nation's anti-trafficking Palermo Protocol outlines trafficking as the (...) deceptive or coercive movement of people for "the purpose of exploitation" in realms including "the prostitution of others, servitude, labour or... (shrink)

Of her two granddaughters, Grandma Yvette clearly prefers Ruby Taylor's perfect--and perfectly Jewish--cousin, Sarah. They do everything together, including bake cookies and have secret sleep overs that Ruby isn't invited to. Twelve-year-old Ruby suspects Grandma Yvette doesn't think she's Jewish enough. The Jewish religion is matrilineal, which means it's passed down from mother to child, and unlike Sarah, Ruby's mother isn't Jewish. But when Sarah starts acting out--trading in her skirts and cardigans for ripped jeans and stained t-shirts, getting in (...) trouble at school--Ruby can't help but be somewhat pleased. Then Sarah suddenly takes things too far, and Ruby is convinced Sarah is possessed by a dybbuk, an evil spirit... that Ruby may or may not have accidentally released from Grandma Yvette's basement. Ruby is determined to save her cousin, but a dybbuk can only be expelled by a "pious Jew." If Ruby isn't Jewish enough for her own grandmother, how can she possibly be Jewish enough to fight a dybbuk? (shrink)

Philosophers are now wary of conflating the “fittingness” or accuracy of an emotion with any form of moral assessment of that emotion. Justin D’Arms and Daniel Jacobson, who originally cautioned against this “conflation”, also warned philosophers not to infer that an emotion is inaccurate from the fact that feeling it would be morally inappropriate, or that it is accurate from the fact that feeling it would be morally appropriate. Such inferences, they argue, risk committing “the moralistic fallacy”, a mistake they (...) claim is widespread throughout the work of contemporary and historical moral philosophers. I argue that many basic and familiar forms of moral assessment of the emotions are not subject to these arguments. I illustrate this by reconsidering the idea that to assess an emotion as “fitting” is to assess it as what a virtuous person would feel. After showing how assessments akin to this “virtue-theoretical” notion of fit may be prevalent even outside of the Aristotelian tradition, I suggest some more charitable and philosophically productive interpretations of the philosophical views of the emotions that D’Arms and Jacobson criticize, and argue that we cannot coherently theorize about the fittingness conditions of the emotions in a morally neutral way. (shrink)

The first three sections of this lecture address the need for better historical-materialist theorisations of capitalist competition, capitalist classes and capitalist states, and in particular the institutional dimensions of these – which is fundamental for understanding why and how capitalism has survived into the twenty-first century. The fourth section addresses historical materialism’s under-theorisation of the institutional dimensions of working-class formation, and how this figures in explaining why, despite the expectations of the founders of historical materialism, the working classes have not, (...) at least yet, become capitalism’s gravediggers. While recognising that a better historical materialism along these lines will not necessarily provide us with a gps route to a socialist world beyond capitalism, it does suggest a number of guidelines for socialist strategy, with which the lecture concludes. This includes the need for building new institutions capable of defining, mobilising and representing the working class broadly, as well as recognising that the types of parties that can transform working classes into leading agents of social transformation have yet to be invented. A strategic priority must be to start anew at creating the kinds of working-class political institutions which can rekindle the socialist imagination, and develop the socialist capacities to get there. (shrink)

Hardt and Negri's Empire is a welcome and often inspiring antidote to the defeatism that has infected so much of the left. Their analysis includes a number of important insights, such as the capacity of American forms of power to penetrate other states. But their political economy is crude, and the promising discussions they open drift towards an empire without any material center. At the same time, their revolutionary commitments to transformation from below refuses to engage the complexities of agency (...) and organization. In the end we are, disappointingly, left with a virtual empire confronting a virtual proletariat. (shrink)

Giovanni Arrighi made a remarkably broad-ranging and original contribution to comparative political economy and historical sociology over five decades. His last book shares these qualities. But Adam Smith in Beijing is unfortunately not mainly about the origins and dynamics of Chinese capitalism over the past three decades. It presents Adam Smith not as the apostle of free-market capitalism, but rather of a ‘non-capitalist market society’; and it uses this to make the case that since China’s economic development takes place outside (...) the European/North American capitalist ‘core’, it must, almost by definition, not be capitalist. Markets are conceived here as the instruments of states, yet the theory of the state advanced is severely undeveloped. Arrighi’s argument that China’s economic development is part and parcel of the demise of the US project for establishing itself as the ‘world state’ misinterprets the nature of the US empire as well as misses the extent of China’s integration with US-led capitalist globalisation. (shrink)

According to an attractive conception of love as attention, discussed by Iris Murdoch, one strives to see one’s beloved accurately and justly. A puzzle for understanding how to love another in this way emerges in cases where more accurate and just perception of the beloved only reveals his flaws and vices, and where the beloved, in awareness of this, strives to escape the gaze of others - including, or perhaps especially, of his loved ones. Though less attentive forms of love (...) may be able to render one’s continued love coherent and justifiable in these cases, they risk further alienating the beloved precisely because they are less attentive and because of the operations of the beloved’s shame. I argue that attentive love is well-suited to alleviate this problem of alienation, but that in order to do so, it must be supplemented with grace. I propose a conception of gracious love as an affectionate love for the qualities of human nature, distinguishing this from a love of humanity, and show how this complex emotion, in being responsive to the complexities of shame, is able to alleviate the problem of alienation. (shrink)

As with certain other self-reflexive emotions, such as guilt and shame, our understanding of self-hatred may be aided by views of the mind which posit an internalized other whose perspective on oneself embodies and focuses a set of concerns and values, and whose perspective one is in some sense vulnerable to. To feel guilt for some transgression is not solely to feel the anger that one would feel toward another’s trespasses, now directed back onto oneself as an object of that (...) anger; it is at the same time to react to that anger – perhaps, for example, to accept it as deserved, or to welcome the lashing of one’s bad conscience. To feel shame before oneself is not just to see oneself in some compromising way, it is to feel compromised by one’s own gaze. Likewise, the person who hates herself does not feel the hatred that she might have for another, simply taking herself as object of that attitude. She is not merely the seat of an internalized hostile voice and perspective that she may, for example, react to with indifference. She does not only tell herself that she is “worthless” but, will typically feel herself so in response. And her suffering may not just result from pain she is inclined to inflict, but suffering that, in some sense, she is inclined to suffer. But how is this so? How, in self-hatred, does one become not only subject to, but vulnerable and even receptive to one’s own hostility? (shrink)

Participation in healthcare decision-making is considered to be an important right of minors, and is highlighted in both international legislation and public policies. However, despite the legal recognition of children’s rights to participation, and also the benefits that children experience by their involvement, there is evidence that legislation is not always translated into healthcare practice. There are a number of factors that may impact on the ability of the child to be involved in decisions regarding their medical care. Some of (...) these factors relate to the child, including their capacity to be actively involved in these decisions. Others relate to the family situation, sociocultural context, or the underlying beliefs and practices of the healthcare provider involved. In spite of these challenges to including children in decisions regarding their clinical care, we argue that it is an important factor in their treatment. The extent to which children should participate in this process should be determined on a case-by-case basis, taking all of the potential barriers into account. (shrink)

Hardt and Negri's Empire is a welcome and often inspiring antidote to the defeatism that has infected so much of the left. Their analysis includes a number of important insights, such as the capacity of American forms of power to penetrate other states. But their political economy is crude, and the promising discussions they open drift towards an empire without any material center. At the same time, their revolutionary commitments to transformation from below refuses to engage the complexities of agency (...) and organization. In the end we are, disappointingly, left with a virtual empire confronting a virtual proletariat. (shrink)

This paper addresses the alleged contradiction between the international space of accumulation and the national space of states. In particular, it challenges the argument that the internationalization of production directly establishes a transnational capitalist class (TCC) as a coherent and self-conscious social force engaged in the formation of a putative transnational state (TNS). This contention rests on a set of mechanistic understandings of class formation and the role of the capitalist state. Against this, the emphasis here is on the ‘internationalization (...) of the state’ whereby nation states have, in an uneven and asymmetric way, come to take responsibility for promoting, underwriting and superintending a globalizing capitalism, both abroad and within their own domains. The political significance of this distinction is that the attempt to match the advanced internationalization of capital with a parallel internationalization of working class solidarity leads to a misguided internationalism. It mistakenly assumes that the weaknesses of working classes at a national level can be skipped over at an international level, and fails to properly grasp the continuing centrality, even under globalization, of the national-social formation. (shrink)

L.A. Paul argues that “transformative experiences” challenge our hopes to live up to an ideal that she believes is upheld within western, wealthy cultures. If these experiences reveal information to us about the world and ourselves that is in principle unavailable to us before we undergo them, it seems that there is no hope for us to be rational, authentic and autonomous masters of our own lives. Supposing that Paul is right about this, how concerned should we be? Here, I (...) challenge the ideal of "rational mastery" that guides Paul’s project, and which must be granted in order to motivate the philosophical challenge purportedly generated by experiences that drastically change who we are and what we know. (shrink)

The guise of the good thesis can be understood as an attempt to distinguish between human motivations that are intelligible as desires and those that are not. I propose, first, that we understand the intelligibility at stake here as the kind necessary for the experience of reactive attitudes, both negative and positive, to the behavior and motivations of an agent. Given this, I argue that the thesis must be understood as proposing substantive content restrictions on how human agents perceive objects (...) of their desires; it cannot be a purely formal constraint. Moreover, while proponents of the guise of the good thesis who posit substantive content restrictions on human desire are right to do so, they are mistaken to claim that we always desire the apparently good. Instead, I propose a different limit: the naturally attractive. This alternative to the guise of the good thesis nonetheless captures the compelling idea that human desires are intelligent, quasi-perceptual responses to the world. (shrink)

The book titled The Collaborative Economy in Action: European Perspectives is one of the important outcomes of the COST Action CA16121, From Sharing to Caring: Examining the Socio-Technical Aspects of the Collaborative Economy that was active between March 2017 and September 2021. The Action was funded by the European Cooperation in Science and Technology - COST. The main objective of the COST Action Sharing and Caring is the development of a European network of researchers and practitioners interested in investigating the (...) collaborative economy models, platforms, and their socio-technological implications. The network involves scholars, practitioners, communities, and policymakers. The COST Action Sharing and Caring helped to connect research initiatives across Europe and enabled scientists to develop their ideas by collaborating with peers. This collaboration opportunity represented a boost for the participants’ research, careers, and innovation potential. The main aim of this book is to provide a comprehensive overview of the collaborative economy in European countries with a variety of its aspects for a deeper understanding of the phenomenon as a whole. For this reason, in July 2017, an open call for country reports was distributed among the members of the COST Action Sharing and Caring. Representatives of the member countries were invited to produce short country reports covering: definition of the CE; types and models of the CE; key stakeholders involved; as well as legislation and technological tools relevant for the CE. Submitted reports varied in length and regarding the level of detail included, in accordance with how much information was available in each respective country at the time of writing. Editors of the book have compiled these early reports into a summary report, which was intended as a first step in mapping the state of the CE in Europe. The Member Countries Report on the Collaborative Economy, edited by Gaia Mosconi, Agnieszka Lukasiewicz, and Gabriela Avram that was published on the Sharing and Caring website, represented its first synergetic outcome and provided an overview of the CE phenomenon as interpreted and manifested in each of the countries part of the network. Additionally, Sergio Nassare-Aznar, Kosjenka Dumančić, and Giulia Priora compiled a Preliminary Legal Analysis of Country Reports on Cases of Collaborative Economy. In 2018, after undertaking an analysis of the previous reports’ strengths and weaknesses, the book editors issued a call for an updated version of these country reports. Prof. Ann Light advised the editorial team, proposing a new format for country reports and 4000 words limit. The template included: Introduction, Definition, Key Questions, Examples, Illustration, Context, Developments, Issues, Other Major Players, and Relevant Literature. The new template was approved by the Management Committee in October 2018. The task force that had supported the production of the first series of country reports acted as mentors for the team of authors in each country. The final reports arrived at the end of 2018, bringing the total number of submissions to 30. A call for book editors was issued, and a new editorial team was formed by volunteers from the participants of the COST Action: Andrzej Klimczuk, Vida Česnuityte, Cristina Miguel, Santa Mijalche, Gabriela Avram, Bori Simonovits, Bálint Balázs, Kostas Stefanidis, and Rafael Laurenti. The editorial team organized the double-blind reviews of reports and communicated to the authors the requirements for improving their texts. After reviews, the authors submitted updated versions of their country reports providing up-to-date interdisciplinary analysis on the state of the CE in 2019, when the reports were collected. During the final phase, the chapters were again reviewed by the lead editors together with all editorial team members. At the time, the intention was to update these reports again just before the end of the COST Action Sharing and Caring in 2021 and to produce a third edition. However, the COVID-19 pandemic changed these plans. Thus, this final volume was created by 82 scholars-editors and contributors-and consists of reports on 27 countries participating in the COST Action. M4 - Citavi. (shrink)

On one predominant conception of virtue, the virtuous agent is, among other things, wholehearted in doing what she believes best. I challenge this condition of wholeheartedness by making explicit the connections between the emotion of boredom and the states of continence and akrasia. An easily bored person is more susceptible to these forms of disharmony because of two familiar characteristics of boredom. First, that we can be – and often are – bored by what it is that we know would (...) be best to do, and second, that occurrent states of boredom tend to give rise to positive interest in performing actions that we know are bad to perform. Moreover, while a person’s susceptibility to boredom can indicate a lack of attentiveness or acuity, or be evidence of a vice such as ingratitude or shallowness, it can in others indicate positive qualities of character, such as perspicacity, liveliness, and certain forms of intelligence. Upon imagining certain bored akratics without the psychological qualities that give rise to their boredom, we will either imagine them without these positive qualities, or with others that – though perhaps psychologically possible – are not clearly better. This yields the result that a person who is continent or even akratic because of her susceptibility to boredom may have a character no less excellent than that of the wholehearted agent. (shrink)