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  1. added 2020-05-23
    Big Data Justice: A Case for Regulating The Global Information Commons.Kai Spiekermann, Adam Slavny, David V. Axelsen & Holly Lawford-Smith - forthcoming - Journal of Politics.
    The advent of artificial intelligence (AI) challenges political theorists to think about data ownership and policymakers to regulate the collection and use of public data. AI producers benefit from free public data for training their systems while retaining the profits. We argue against the view that the use of public data must be free. The proponents of unconstrained use point out that consuming data does not diminish its quality and that information is in ample supply. Therefore, they suggest, publicly available (...)
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  2. added 2020-05-08
    Replacing Development: An Afro-Communal Approach to Global Justice (Repr.).Thaddeus Metz - 2020 - In Mahmoud Masaeli & Rico Sneller (eds.), The Return of Ethics and Spirituality in Global Development. Gompel & Svacina. pp. 185-208.
    Reprint of an article that initially appeared in Philosophical Papers (2017).
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  3. added 2020-04-17
    An Incomplete Inclusion of Non-Cooperators Into a Rawlsian Theory of Justice.Chong-Ming Lim - 2016 - Res Philosophica 93 (4):893-920.
    John Rawls’s use of the “fully cooperating assumption” has been criticized for hindering attempts to address the needs of disabled individuals, or non-cooperators. In response, philosophers sympathetic to Rawls’s project have extended his theory. I assess one such extension by Cynthia Stark, that proposes dropping Rawls’s assumption in the constitutional stage (of his four-stage sequence), and address the needs of non-cooperators via the social minimum. I defend Stark’s proposal against criticisms by Sophia Wong, Christie Hartley, and Elizabeth Edenberg and Marilyn (...)
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  4. added 2020-03-27
    Merchants, Master-Manufacturers and Greedy People. [REVIEW]Sergio Volodia Marcello Cremaschi - 2007 - History of Economic Ideas 15 (2):143-154.
    A discussion of McCloskey's argument for a bourgeois virtue ethics. I criticize his opposition of Adam Smith's and Kant's ethics, arguing that they share much more than the author believes. I criticize the idea that what is most respectable in modern liberal-democratic societies is a gift of Capitalism.
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  5. added 2020-03-25
    Review of Carl Cohen, James P. Sterba, Affirmative Action and Racial Preference[REVIEW]Stephen Kershnar - 2004 - Notre Dame Philosophical Reviews 2004 (7).
    Carl Cohen’s and James Sterba’s debate is an impressive discussion of the legality and morality of various types of affirmative action and a must read for researchers in this field. These two issues bifurcate. The legality of preferential treatment consists of two different issues: Is preferential treatment Constitutional? Does preferential treatment violate laws other than the Constitution? The morality of preferential treatment also consists of two issues: Is preferential treatment right? Is it good? The discussion in this book is wide-ranging (...)
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  6. added 2020-03-24
    Giving Capitalists Their Due.Stephen Kershnar - 2005 - Economics and Philosophy 21 (1):65-87.
    In general, capitalists deserve profits and losses for their contribution to the general welfare. Market imperfections and the range of permissible prices (at least within the boundaries of exploitation) prevent the alignment from being a direct one, but the connection generally holds. In the context of the market, this thesis preserves the central place of moral responsibility in moral desert. It also satisfies the fittingness and proportionality conditions of moral desert and provides a backward-looking and pre-institutional ground of it. In (...)
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  7. added 2020-03-24
    Why Equal Opportunity is Not a Valuable Goal.Stephen Kershnar - 2004 - Journal of Applied Philosophy 21 (2):159–172.
    In this paper, I provide an analysis of equal opportunity. I argue that equal opportunity occurs where two or more persons with equal natural abilities and willingness to work hard have chances at various jobs that are in the aggregate of equal value. I then argue that equal opportunity is neither valuable nor something that the government ought to pursue. First, it is not clear why we should value opportunities rather than outcomes. Second, the value of equal opportunity rests on (...)
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  8. added 2020-03-13
    Utilitarianism with and Without Expected Utility.David McCarthy, Kalle Mikkola & Joaquin Teruji Thomas - 2016 - Journal of Mathematical Economics 87:77-113.
    We give two social aggregation theorems under conditions of risk, one for constant population cases, the other an extension to variable populations. Intra and interpersonal welfare comparisons are encoded in a single ‘individual preorder’. The theorems give axioms that uniquely determine a social preorder in terms of this individual preorder. The social preorders described by these theorems have features that may be considered characteristic of Harsanyi-style utilitarianism, such as indifference to ex ante and ex post equality. However, the theorems are (...)
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  9. added 2020-01-27
    Exploitation, Solidarity, and Dignity.Pablo Gilabert - 2019 - Journal of Social Philosophy 50 (4):465-494.
    This paper offers a normative exploration of what exploitation is and of what is wrong with it. The focus is on the critical assessment of the exploitation of workers in capitalist societies. Such exploitation is wrongful when it involves a contra-solidaristic use of power to benefit oneself at the expense of others. Wrongful exploitation consists in using your greater power, and sometimes even in making other less powerful than you, in order to get them to benefit you more than they (...)
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  10. added 2020-01-24
    Introduction: On the Challenges of Intergenerational Justice and Climate Change.Santiago Truccone-Borgogno - 2018 - Ethic@ - An International Journal for Moral Philosophy 3 (17):345-362.
    This introduction aims to describe some fundamental problems of intergenerational justice and climate change. It also intends to provide comments on improved versions of some of the best papers presented in the International Meeting “Intergenerational Justice and Climate Change: juridical, moral and political issues” that took place at Cordoba National University (Argentina), in September 2017. In that meeting, the discussion focused on these topics by considering the ideas of the two keynote speakers invited to the event: Lukas H. Meyer and (...)
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  11. added 2020-01-20
    Algorithmic Fairness From a Non-Ideal Perspective.Sina Fazelpour & Zachary C. Lipton - manuscript
    Inspired by recent breakthroughs in predictive modeling, practitioners in both industry and government have turned to machine learning with hopes of operationalizing predictions to drive automated decisions. Unfortunately, many social desiderata concerning consequential decisions, such as justice or fairness, have no natural formulation within a purely predictive framework. In efforts to mitigate these problems, researchers have proposed a variety of metrics for quantifying deviations from various statistical parities that we might expect to observe in a fair world and offered a (...)
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  12. added 2019-12-27
    Eguaglianza.Sergio Volodia Marcello Cremaschi - 1987 - In Giuseppe Zaccaria (ed.), Lessico della politica. Rome, Italy: Edizioni Lavoro. pp. 211-219.
    A short historical overview of the idea of equality from early modernity to the twentieth century.
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  13. added 2019-11-05
    Distributing Welfare and Resources: A Multi-Currency View.Elizabeth C. Hupfer - 2019 - Journal of Philosophical Research 44:273-292.
    Should theories of distribution focus solely on subjective welfare or solely on objective resources? While both of these ‘currencies’ have well-known objections that make each of them implausible alone, I argue that neither currency should be jettisoned entirely. Instead, I construct a multi-currency distributive theory involving both welfare and resources. While I think that such a heterogeneous theory is able to mitigate objections to both pure resourcism and pure welfarism, it also creates a new concern, which I call the precedence (...)
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  14. added 2019-10-26
    Ambiguity Aversion Behind the Veil of Ignorance.H. Orri Stefánsson - forthcoming - Synthese:1-24.
    The veil of ignorance argument was used by John C. Harsanyi to defend Utilitarianism and by John Rawls to defend the absolute priority of the worst off. In a recent paper, Lara Buchak revives the veil of ignorance argument, and uses it to defend an intermediate position between Harsanyi's and Rawls' that she calls Relative Prioritarianism. None of these authors explore the implications of allowing that agent's behind the veil are averse to ambiguity. Allowing for aversion to ambiguity---which is both (...)
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  15. added 2019-10-22
    What Abolishing the Family Would Not Do.Anca Gheaus - 2018 - Critical Review of International Social and Political Philosophy 21 (3):284-300.
    Because families disrupt fair patterns of distribution and, in particular, equality of opportunity, egalitarians believe that the institution of the family needs to be defended at the bar of justice. In their recent book, Harry Brighouse and Adam Swift have argued that the moral gains of preserving the family outweigh its moral costs. Yet, I claim that the egalitarian case for abolishing the family has been over-stated due to a failure to consider how alternatives to the family would also disturb (...)
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  16. added 2019-10-14
    On Engster's Care-Justification of the Specialness Thesis About Healthcare.Benedict Rumbold - 2017 - Journal of Medical Ethics 43 (8):501-505.
    To say health is 'special' is to say that it has a moral significance that differentiates it from other goods (cars, say or radios) and, as a matter of justice, warrants distributing it separately. In this essay, I critique a new justification for the specialness thesis about healthcare (STHC) recently put forth by Engster. I argue that, regrettably, Engster's justification of STHC ultimately fails and fails on much the same grounds as have previous justifications of STHC. However, I also argue (...)
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  17. added 2019-09-25
    Explaining the Geometry of Desert.Neil Feit & Stephen Kershnar - 2004 - Public Affairs Quarterly 18 (4):273-298.
    In the past decade, three philosophers in particular have recently explored the relation between desert and intrinsic value. Fred Feldman argues that consequentialism need not give much weight – or indeed any weight at all – to the happiness of persons who undeservedly experience pleasure. He defends the claim that the intrinsic value of a state of affairs is determined by the “fit” between the amount of well-being that a person receives and the amount of well-being that the person deserves. (...)
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  18. added 2019-09-25
    Immigrants and Welfare.Stephen Kershnar - 2002 - Public Affairs Quarterly 16:39-61.
    A contract in which the potential immigrants to the U.S. waive their right to non-emergency welfare benefits in return for their being allowed to come to the U.S. is not unjust. This is because the right to allow persons to immigrate in return for their waiving any future claim on non-emergency welfare benefits is included in other moral rights that the U.S. has. Nor is the transaction exploitative since it is beneficial to the average immigrant and since he gains a (...)
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  19. added 2019-09-12
    Against Borders: Why the World Needs Free Movement of People.Alex Sager - 2020 - Rowman & Littlefield International.
    This book carefully engages philosophical arguments for and against open borders, bringing together major approaches to open borders across disciplines and establishing the feasibility of open borders against the charge of utopianism.
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  20. added 2019-09-12
    What is the Sufficientarian Precautionary Principle?G. Owen Schaefer - 2019 - Bioethics 33 (9):1083-1084.
    In their recent article, Koplin, Gyngell and Savulescu (2019) assess the viability of the precautionary principle as a decision-making tool to determine whether and under what circumstances germline gene editing should proceed. While their survey of different forms of the precautionary principle is illuminating, the most novel contribution is a new account of the precautionary principle, what they dub the Sufficientarian Precautionary Principle (SPP). SPP is meant to avoid several problems with existing accounts, while comporting with at least some of (...)
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  21. added 2019-09-09
    Contractarianism.Michael Moehler - 2020 - Cambridge: Cambridge University Press.
    This book provides a systematic defense of moral contractarianism as a distinct approach to the social contract. It elucidates, in comparison to moral conventionalism and moral contractualism, the distinct features of moral contractarianism, its scope, and conceptual and practical challenges that concern the relationship between morality and self-interest, the problems of assurance and compliance, rule-following, counterfactualism, and the nexus between morals and politics. It argues that, if appropriately conceived, moral contractarianism is conceptually coherent, empirically sound, and practically relevant, and has (...)
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  22. added 2019-09-05
    Relational Sufficientarianism and Basic Income.Justin Tosi - 2019 - In Michael Cholbi & Michael Weber (eds.), The Future of Work, Technology, and Basic Income. New York: Routledge. pp. 49-61.
    Basic income policies have recently enjoyed a great deal of discussion, but they are not a natural fit with views of distributive or social justice endorsed by many moral and political philosophers. This essay develops and defends a new view of social justice, called relational sufficientarianism, which is more compatible with a universal basic income. Relational sufficientarianism holds that persons in a just society must have sufficient social status, but not necessarily equal social status. It argues that this view offers (...)
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  23. added 2019-07-31
    Socialism.Pablo Gilabert & Martin O'Neill - 2019 - Stanford Encyclopedia of Philosophy.
  24. added 2019-07-29
    G.A. Cohen on the Feasibility of Socialism.Justin P. Holt - 2012 - Critique: Journal of Socialist Theory 1 (40):41-55.
    G.A. Cohen attempts to provide a case for socialism that takes into consideration the reasons why socialism is desirable and some of the problems for its feasibility. He finds that the kind of community sentiment that socialism requires is possible, but the devices of social organization that can facilitate the growth of socialist sentiment along with the effective transmission of information are not currently known. In short, Cohen thinks social scientists and philosophers need to find out how to harness the (...)
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  25. added 2019-07-01
    Rose, Julie L. Free Time. Princeton, NJ: Princeton University Press, 2016. Pp. 184. $35.00.Alex Sager - 2018 - Ethics 128 (3):657-662.
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  26. added 2019-06-24
    Morali, economie, giochi linguistici.Sergio Volodia Marcello Cremaschi - 1993 - In Mauro Magatti (ed.), La porta stretta. Etica ed economia negli anni '90. Milano, Italy: Franco Angeli. pp. 131-150.
    Recent popularity of the relationship of 'ethics' and 'economics' is at once revealing and misleading. It marks the withering away of a dogmatic confidence in a self-regulating and water-proof economic 'sphere'. It is also a muddled way of treating a number of interrelated but different issues: the interrelations between moralities (as historically given institutions) and markets (as partially self-regulating socially institutionalized mechanisms), the relationship between ethics and economic theory, and finally issues of distributive justice.
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  27. added 2019-06-06
    The Difference Principle at Work.Samuel Arnold - 2012 - Journal of Political Philosophy 20 (1):94-118.
  28. added 2019-06-06
    Justice and the Fetus: Rawls, Children, and Abortion.David M. Shaw - 2011 - Cambridge Quarterly of Healthcare Ethics 20 (1):93-101.
    In a footnote to the first edition of Political Liberalism, John Rawls introduced an example of how public reason could deal with controversial issues. He intended this example to show that his system of political liberalism could deal with such problems by considering only political values, without the introduction of comprehensive moral doctrines. Unfortunately, Rawls chose “the troubled question of abortion” as the issue that would illustrate this. In the case of abortion, Rawls argued, “the equality of women as equal (...)
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  29. added 2019-05-21
    Review of The Color of Mind: Why the Origins of the Achievement Gap Matters for Justice. [REVIEW]Michael Merry - 2018 - Theory and Research in Education 16 (3):381-384.
    One cannot adequately understand the persistence of the achievement gap, Darby and Rury argue, until one knows and understands the history that continues to inflict all varieties of dignitary harm on Black people. The authors deploy the phrase, ‘color of mind’, to describe the deeply embedded attitudinal and institutional norms that diminish the intellect, character, and conduct of Black students – norms with a long history that continue to poison the school system. There is, of course, no dearth of American (...)
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  30. added 2019-03-24
    La teodicea social de Adam Smith.Sergio Volodia Marcello Cremaschi - 2010 - Empresa y Humanismo 13 (1):333-374.
    I argue the existence of two tensions in Smith's system of ideas: the first is that between the postulate of an invisible noumenal order of the universe and the imaginary principles by means of which we connect the phenomena; the second is a tension between the noumenal order of the world where 'is' and 'ought' converge, and the various partial orders that may be reconstructed in social phenomena that leave room for irrationality and injustice. My first claim is that these (...)
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  31. added 2019-03-17
    Malthus’s War on Poverty as Moral Reform.Sergio Volodia Marcello Cremaschi - 2013 - CRIS - Bulletin of the Centre for Research and Interdisciplinary Studies, The Journal of Prague College 9:43-54.
    The paper aims at finding a way out of deadlocks in Malthus scholarship concerning his relationship to utilitarianism. The main claim is that Malthus viewed his own population theory and political economy as Hifsdisziplinen to moral and political philosophy, that is, empirical enquiries required in order to be able to pronounce justified value judgments on such matters as the Poor Laws. On the other hand, Malthus’s population theory and political economy were no value-free science and his policy advice – far (...)
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  32. added 2019-03-16
    Adam Smith, il quadrilatero della simpatia e la follia e l’ingiustizia dei ricchi e dei potenti.Sergio Volodia Marcello Cremaschi - 2013 - Parolechiave (50):159-172.
    I discuss first Adam Smith’s ethical theory and the peculiar function played by the quadrangle of sympathy, the social function of sympathy with the rich and powerful and the unavoidable corruption of moral sentiments it carries. Secondly, I examine human nature in Smith’s work, and show how diverging tendencies are carried by different social roles. Thirdly I discuss the modest normative claims advanced by his ethical theory and show how these are not from utilitarian ones, how ethical pluralism is mirrored (...)
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  33. added 2019-03-02
    Rawls, Self-Respect, and Assurance: How Past Injustice Changes What Publicly Counts as Justice.Timothy Waligore - 2016 - Politics, Philosophy and Economics 15 (1):42-66.
    This article adapts John Rawls’s writings, arguing that past injustice can change what we ought to publicly affirm as the standard of justice today. My approach differs from forward-looking approaches based on alleviating prospective disadvantage and backward-looking historical entitlement approaches. In different contexts, Rawls’s own concern for the ‘social bases of self-respect’ and equal citizenship may require public endorsement of different principles or specifications of the standard of justice. Rawls’s difference principle focuses on the least advantaged socioeconomic group. I argue (...)
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  34. added 2019-02-12
    Non-Ideal Climate Justice.Eric Brandstedt - 2019 - Critical Review of International Social and Political Philosophy 22 (2):221-234.
    Based on three recently published books on climate justice, this article reviews the field of climate ethics in light of developments of international climate politics. The central problem addressed is how idealised normative theories can be relevant to the political process of negotiating a just distribution of the costs and benefits of mitigating climate change. I distinguish three possible responses, that is, three kinds of non-ideal theories of climate justice: focused on (1) the injustice of some agents not doing their (...)
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  35. added 2019-02-02
    Rawls’s Self-Defeat: A Formal Analysis.Hun Chung - forthcoming - Erkenntnis:1-29.
    One of John Rawls’s major aims, when he wrote A Theory of Justice, was to present a superior alternative to utilitarianism. Rawls’s worry was that utilitarianism may fail to protect the fundamental rights and liberties of persons in its attempt to maximize total social welfare. Rawls’s main argument against utilitarianism was that, for such reasons, the representative parties in the original position will not choose utilitarianism, but will rather choose his justice as fairness, which he believed would securely protect the (...)
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  36. added 2019-02-01
    Hikers in Flip‐Flops: Luck Egalitarianism, Democratic Equality and the Distribuenda of Justice.Anca Gheaus - 2016 - Journal of Applied Philosophy 35 (1):54-69.
    The article has two aims. First, to show that a version of luck egalitarianism that includes relational goods amongst its distribuenda can, as a matter of internal logic, account for one of the core beliefs of relational egalitarianism. Therefore, there will be important extensional overlap, at the level of domestic justice, between luck egalitarianism and relational egalitarianism. This is an important consideration in assessing the merits of and relationship between the two rival views. Second, to provide some support for including (...)
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  37. added 2019-01-21
    Global Cities, Global Justice?Loren King & Michael Blake - 2018 - Journal of Global Ethics 14 (3):332-352.
    The global city is a contested site of economic innovation and cultural production, as well as profound inequalities of wealth and life chances. These cities, and large cities that aspire to ‘global’ status, are often the point of entry for new immigrants. Yet for political theorists (and indeed many scholars of global institutions), these critical sites of global influence and inequality have not been a significant focus of attention. This is curious. Theorists have wrestled with the nature and demands of (...)
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  38. added 2019-01-08
    Normatywne implikacje preferencji wobec osób zidentyfikowanych.Tomasz Żuradzki - 2017 - Diametros 51:113-136.
    The results of empirical research show that people prefer to help identified individuals rather than unidentified ones. This preference has an important influence on many private and public decisions, for example concerning vaccination or the distribution of healthcare resources. The aim of this article is to define the terms: “identified”, “unidentified”, “statistical”, and then to analyze three philosophical arguments concerning the normative implications of this preference: 1) contractualism ex ante ; 2) fair distribution of chances and risks; 3) principles regarding (...)
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  39. added 2019-01-08
    Pluralistyczna Teoria Alokacji Narządów.Piotr Grzegorz Nowak - 2017 - Diametros 51:65-89.
    Biomedical sciences cannot answer the question who should be saved from death if not everyone can be. This is an ethical issue. However, we face exactly this question when deliberating on the criteria for organ allocation. The main aim of this article is to formulate a pluralistic theory of just distribution of organs, which incorporates the tenets of utilitarianism, egalitarianism and sufficientarianism. Each constituent theory adopts a different value as a criterion for organ allocation. For utilitarianism it is a health (...)
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  40. added 2019-01-08
    Priority to Organ Donors: Personal Responsibility, Equal Access and the Priority Rule in Organ Procurement.Andreas Brøgger Albertsen - 2017 - Diametros 51:137-152.
    In the effort to address the persistent organ shortage it is sometimes suggested that we should incentivize people to sign up as organ donors. One way of doing so is to give priority in the allocation of organs to those who are themselves registered as donors. Israel introduced such a scheme recently and the preliminary reports indicate increased donation rates. How should we evaluate such initiatives from an ethical perspective? Luck egalitarianism, a responsibility-sensitive approach to distributive justice, provides one possible (...)
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  41. added 2018-12-05
    The Negative Principle of Just Appropriation.Daniel Attas - 2003 - Canadian Journal of Philosophy 33 (3):343 - 372.
    According to the negative principle of appropriation a person can acquire an unowned resource if doing so respects a certain condition (the Lockean proviso). Contrary to some views, a proviso of this sort is not incompatible with libertarianism. Moreover, no unilateral powers of acquisition can fail to consider the impact on the interests of others. Hence, a doctrine of appropriation must incorporate such a proviso. However, the several interpretations such a proviso can take on various dimensions will be either implausible (...)
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  42. added 2018-10-23
    Review of Anthony de Jasay, Justice and Its Surroundings. [REVIEW]Roderick Long - 2003 - The Independent Review 8 (1):121-124.
  43. added 2018-10-13
    Beyond Sufficiency: G.A. Cohen's Community Constraint on Luck Egalitarianism.Benjamin D. King - 2018 - Kritike 12 (1):215-232.
    G. A. Cohen conceptualizes socialism as luck egalitarianism constrained by a community principle. The latter mitigates certain inequalities to achieve a shared common life. This article explores the plausibility of the community constraint on inequality in light of two related problems. First, if it is voluntary, it fails as a response to “the abandonment objection” to luck egalitarianism, as it would not guarantee imprudent people sufficient resources to avoid deprivation and to function as equal citizens in a democratic society. Contra (...)
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  44. added 2018-09-21
    Distributive Justice and Distributed Obligations.A. Edmundson William - 2018 - Journal of Moral Philosophy 15 (1):1-19.
    _ Source: _Page Count 19 Collectivities can have obligations beyond the aggregate of pre-existing obligations of their members. Certain such collective obligations _distribute_, i.e., become members’ obligations to do their fair share. In _incremental good_ cases, i.e., those in which a member’s fair share would go part way toward fulfilling the collectivity’s obligation, each member has an unconditional obligation to contribute.States are involuntary collectivities that bear moral obligations. Certain states, _democratic legal states_, are collectivities whose obligations can distribute. Many existing (...)
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  45. added 2018-09-18
    Jalousie.Frédéric Minner - 2018 - Encyclopédie Philosophique.
    On conçoit souvent la jalousie comme une émotion ayant pour objet les relations de proximité (amour, amitié, fratrie, etc.). Elle a généralement mauvaise presse et est typiquement envisagée comme une émotion moralement condamnable, voire comme un vice. Or, la jalousie ne porte pas uniquement sur les relations de proximité : elle peut également porter sur divers biens (prestige, richesses, biens matériels, privilèges, etc.). Par ailleurs, certains auteurs soutiennent que des cas de jalousie pourraient être moralement justifiés, voire que la jalousie (...)
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  46. added 2018-09-07
    On the Very Idea of Cosmopolitan Justice: Constructivism and International Agency.Saladin Meckled-Garcia - 2008 - Journal of Political Philosophy 16 (3):245-271.
    Cosmopolitan critics attack the scope-limitation of justice of egalitarian liberal theorists to states. They treat justice as the production of a given set of outcomes for people regardless of location or relationship. However, in doing so they either ignore the relevant agent towards whom principles of justice are addressed or see the question of agency as a practical, derivative question, of a secondary character. This paper argues that a principle of justice without a clearly justified agent is not a genuine (...)
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  47. added 2018-09-06
    Two Concepts of Justice – and of its Scope.Saladin Meckled-Garcia - 2016 - Critical Review of International Social and Political Philosophy 19 (5):534-554.
    The debate over the applicability of the concept of (distributive) justice to the international sphere appears to focus on practicalities in the agent of redistribution. The agency objection says there is no appropriate agent of (the equivalent of societal distributive) justice and its aims for the international sphere. A common response is that the agency question is merely a matter of practicality, the concepts of justice and injustice can apply to circumstances in which distributive justice may not currently be practically (...)
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  48. added 2018-09-06
    Global Social Justice and International Law.S. Meckled-Garcia - unknown
    This chapter considers the key values underlying and explaining important features of international law as a system of law. It uses that value analysis as a way of interpreting international law and of asking whether, within those values, international law can be made to serve certain 'global cosmopolitan' re-distributive aims. The chapter argues that the constraints of international law mean that it is not an appropriate medium for global re-distributive goals commonly associated with theories of societal justice. Because those features (...)
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  49. added 2018-09-06
    International Law and the Limits of Global Justice.S. Meckled-Garcia - unknown
    There are limits to what can be achieved using the means and medium of international law. This article explores those limits by providing an innovative theory of the nature of international law and how we should understand its limits in terms of value theory. A "four functions" theory is proposed, and these functions are used to interpret areas of international law in terms of their distinctive and valuable contribution to a specific area of human relations. On the basis of this (...)
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  50. added 2018-07-17
    Hypocrisy, Inconsistency, and the Moral Standing of the State.Kyle G. Fritz - 2019 - Criminal Law and Philosophy 13 (2):309-327.
    Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more (...)
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