Justice in Applied Ethics

Introduction Conceptual Distinctions: Work, Labor, Employment, Leisure The Value of Work and the ‘Anti-Work’ Critique Work, Meaning, and Dignity Work and Distributive Justice Work and Contributive Justice Work and Productive Justice Work and its Future BIBLIOGRAPHY .

The topic of alienation has fallen out of fashion in social and political philosophy. It used to be salient, especially in socialist thought and in debates about labor practices in capitalism. Although the lack of identification of people with their working lives—their alienation as workers—remains practically important, normative engagement with it has been set back by at least four objections. They concern the problems of essentialist views, a mishandling of the distinction between the good and the right, the danger of (...) paternalistic impositions, and the significance of democratic authorization. This paper recasts the critique of alienation in a way that vindicates its importance for social and political philosophy and rebuts these objections. First, it provides an analytic framework to understand alienation—distinguishing its various conceptual, explanatory, and normative dimensions. Second, it accounts for the normative aspect of the critique of alienation by articulating it in terms of prudential and moral ideas of positive freedom regarding human flourishing and solidaristic empowerment. Finally, the normative account is developed further, and sharpened to respond to the four objections, through the introduction of the Dignitarian Approach—the view that we have reason to organize social life in such a way that we respond appropriately to the valuable features of individual human beings that give rise to their dignity. (shrink)

Given the sordid history of injustices linking genetics to race and ethnicity, considerations of justice are central to ensuring the responsible development of precision medicine programmes around the world. While considerations of justice may be in tension with other areas of concern, such as scientific value or privacy, there are also be tensions between different aspects of justice. This paper focuses on three particular aspects of justice relevant to this context: social justice, distributive justice and human rights. The implications of (...) each for the use of race and ethnicity in precision medicine is described, along with how they intersect and potentially conflict with one another. By attending to these intersections, we aim to enrich and add nuance to debates over how best to proceed with precision medicine initiatives. (shrink)

According to influential view, using the criminal law against innocent actions or agents is wrong. In this paper, I consider four related arguments against this view: a debunking argument that suggests that the intuitive appeal of this view may be due to a conflation of different ideas; a counterexamples argument that points out that there are many cases in which using the criminal law against innocent actions ("non mala" actions that are not even "mala prohibita") or agents is justified; a (...) theoretical argument, according to which the force of the reasons for and against using the criminal law is a matter of degree and it is therefore implausible to hold that the latter always defeat the former; and an analogy argument, which holds that it is implausible to maintain that harming innocents is often justified in other contexts but (almost) never in the context of the criminal law. (shrink)

Neurological interventions are sometimes used to prevent criminal behavior. For instance, in some jurisdictions, sex offenders can be compelled to undergo treatment designed to reduce sexual desire. As David Birks and Thomas Douglas observe in their introduction to this volume, “chemical castration” may be just the tip of the iceberg. As neuroscience advances, it could reveal many other ways to control criminality. For instance, pharmacological treatments may help combat violent behavior or drug abuse. Such “crime-preventing neurointerventions” have been controversial. On (...) the one hand, proponents argue that CPNs could be both more effective and more humane than incarceration. On the other, critics argue that coercively imposed CPNs violate individual rights and that society has a poor track record of using medical interventions for social control. The nineteen original essays in this book comprehensively cover and effectively advance the moral debate over the appropriate use of CPNs. (shrink)

Jeremy Waldron argues that claims to reparation for historic injustices can be superseded by the demands of justice in the present. For example, justified Maori claims to reparation resulting from the wrongful appropriation of their land by European settlers may be superseded by the claim to a just distribution of resources possessed by the world’s existing inhabitants. However, if we distinguish between reparative and restitutive claims, we see that while claims to restitution may be superseded by changes in circumstance, this (...) does not entail that claims to reparation are. In contrast, claims to reparation are robust to changes in circumstance. (shrink)

In this review, we present some ethical imperatives observed in this pandemic from a data ethics perspective. Our exposition connects recurrent ethical problems in the discipline, such as, privacy, surveillance, transparency, accountability, and trust, to broader societal concerns about equality, discrimination, and justice. We acknowledge data ethics role as significant to develop technological, inclusive, and pluralist societies. - - - Resumen: En esta revisión, exponemos algunos de los imperativos éticos observados desde la ética de datos en esta pandemia. Nuestra exposición (...) busca conectar problemas éticos típicos dentro de esta disciplina, a saber, privacidad, vigilancia, transparencia, responsabilidad y confianza, con preocupaciones a nivel social relacionadas con la igualdad, discrimi nación y justicia. Consideramos que la ética de datos tiene un rol significativo para desarrollar sociedades tecnificadas, inclusivas y pluralistas. (shrink)

The guiding premise from which this special report begins is the conviction and hope that justice is at the normative heart of medicine and that it is the perpetual task of bioethics to bring concerns of justice to bear on medical practice. On such an account, justice is medicine's lifeblood, that by which it contributes to life as opposed to diminishing it. It is in this larger, historical, intersectional, critical, and ethically minded context that we must approach pressing questions facing (...) medicine, including the question of the import and role of genomic knowledge for human life. The second premise is that, at least in principle, the knowledge generated by genomics can be a gift or a weight, or both at the same time. That is to say that, on the one hand, genomic knowledge is a gift, creating novel insights into the genetic drivers of disease and into the geographical paths of our ancestors. And on the other hand, it is a weight, creating new obligations, new forms of social classification, and new forms of surveillance. Because it is in many ways the “common sense” of the day that genomic knowledge is a gift, this special report, which contains nine essays, concentrates on the ways in which such knowledge can be a weight, a weight that has the potential to thwart—and historically has thwarted—medicine from genuinely advancing justice . (shrink)

Building on the work of John Rawls, this book offers a conception of ideal theory which provides practical guidance and a critical perspective on politics, institutions and society. The author develops this approach by discussing recent criticism of ideal theory by authors such as Amartya Sen and Raymond Geuss. Answering Sen’s criticism, the author proposes a novel account of feasibility in relation to ideal theory, especially with regard to ideal institutional design. As a reply to Geuss’ criticism, he discusses constructivist (...) approaches of moral theory-building. Building on this discussion, the book develops an account of practical ideal–theoretical thinking that can be used for evaluating and criticizing societies and can guide institutional design under nonideal conditions. (shrink)

Employing a social justice framework, this book examines the effects of innovation incentives and policies in agriculture. It addresses access to the objects of innovation, the direction of science and the type of innovations that are available, opportunities to participate in research and development, as well as effects on future generations. The book examines the potential value of preventive and reconciliatory measures, drawing on concepts from procedural and restorative justice. As such it offers a comprehensive analysis of the main social (...) justice dimensions affected by agricultural innovation. It gives academics and policy analysts an extensive overview of the deep impact of innovation on society and the environment, and the expectations the general public has from the scientific community. (shrink)

2020 is the year of the first pandemic lived through the Internet. More than half of the world population is now online and because of self-isolation, our moral and social lives unfold almost exclusively online. Two pressing questions arise in this context: how much can we rely on the Internet, as a set of technologies, and how much should we trust online platforms and applications? In order to answer these two questions, I develop an argument based on two fundamental assumptions: (...) the development stage of today’s Internet is a contingent and not a necessary one and technologies are never neutral. My argument is that today’s pandemic produced an acceleration of the change which started almost 30 years ago, one of online migration, datafication and algorithmization of day to day life, a change in which digital technologies take on the classic role of institutions, both formal and informal. My thesis is a descriptive one, although it has some normative implications: this take over is not just a translation, but a modification or mutation which demands a creative collective answer, although users don’t have direct power over it. When they play the role of institutions, these technologies are surrogates or simulacra. I offer the paradigmatic case of online education, an experiment we were forced into because of the pandemic, in order to show that the institutional matrix of education cannot be reproduced online, due to the limitations of the medium and of the applications, especially those concerning physical presence. In the end I will critically address the question of the role played by Artificial Intelligence in the pandemic, and then I will show that the open source ethics was more useful in approaching scientifically and technologically the problems generated by the epidemic. (shrink)

Often described as an outcome, inequality is better understood as a social process -- a function of how institutions are structured and reproduced, and the ways people act and interact within them across time. Racialized inequality persists because it is enacted moment to moment, context to context -- and it can be ended should those who currently perpetuate it commit themselves to playing a different role instead. This essay makes three core contributions: first, it highlights a disturbing parity between the (...) people who are most rhetorically committed to ending racialized inequality and those who are most responsible for its persistence. Next, it explores the origin of this paradox – how it is that ostensibly antiracist intentions are transmuted into ‘benevolently racist’ actions. Finally, it presents an alternative approach to mitigating racialized inequality, one which more effectively challenges the self-oriented and extractive logics undergirding systemic racism: rather than expropriating blame to others, or else adopting introspective and psychologized approaches to fundamentally social problems, those sincerely committed to antiracism can take concrete steps in the real world – actions which require no legislation or coercion of naysayers, just a willingness to personally make sacrifices for the sake of racial justice. (shrink)

A challenge for the theorising of climate justice is that even when the agents whose actions are supposed to be regulated are cooperative and act in good faith, they may still disagree about how the burdens and benefits of dealing with climate change should be distributed. This article is a contribution to the formulation of a useful role for normative theorising in light of this bounded nature of climate justice. We outline a theory of pure procedural climate justice; its content, (...) function in relation to international climate diplomacy, and justification. The theory is ‘pure’ in the sense that it does not rely on an independent criterion of what are just outcomes in negotiations of climate responsibilities. Rather, it specifies procedural fairness norms, such as transparency, reciprocity and participation, which make the process of negotiation fair independently of which account of substantive climate justice happens to be correct. Such procedural fairness norms are justified in part by being expressions of an ideal of a reasonable negotiator, an ideal which itself commands respect. They are also justified as means to an effective coordinated response to dangerous climate change in virtue of their capacity to create trust, predictability and accountability. (shrink)

This chapter discusses how justice applies to public health. It begins by outlining three different metrics employed in discussions of justice: resources, capabilities, and welfare. It then discusses different accounts of justice in distribution, reviewing utilitarianism, egalitarianism, prioritarianism, and sufficientarianism, as well as desert-based theories, and applies these distributive approaches to public health examples. Next, it examines the interplay between distributive justice and individual rights, such as religious rights, property rights, and rights against discrimination, by discussing examples such as mandatory (...) treatment and screening. The chapter also examines the nexus between public health and debates concerning whose interests matter to justice (the “scope of justice”), including global justice, intergenerational justice, and environmental justice, as well as debates concerning whether justice applies to individual choices or only to institutional structures (the “site of justice”). The chapter closes with a discussion of strategies, including deliberative and aggregative democracy, for adjudicating disagreements about justice. (shrink)

Often, an unconditional basic income (UBI) is seen as a means for reducing economic inequality. For many of its proponents, UBI is both just and efficient, which potentially makes it an effective means of redistribution. Among other reasons, this has led egalitarian theorists to view UBI as part of an egalitarian ideal society. However, this assessment mostly includes only immediate distributive implications of an implementation of UBI. From the perspective of egalitarian ideal theory, however, long-term distributive implications of institutional designs (...) are relevant as well. Especially, with respect to UBI, a proper investigation of its longterm political effects is lacking: Therefore, we need to investigate the long-term political stability of UBI. In this paper, I derive hypotheses regarding long-term political support for different variants of UBI by employing mechanisms of ‘policy feedback’. In addition, the article contributes to broader methodological debates within political theory by showing that ideal-theoretical approaches can be fruitful for practical questions. (shrink)

In recent years, the effective altruism movement has generated much discussion about the ways in which we can most effectively improve the lives of the global poor, and pursue other morally important goals. One of the most common criticisms of the movement is that it has unjustifiably neglected issues related to institutional change that could address the root causes of poverty, and instead focused its attention on encouraging individuals to direct resources to organizations that directly aid people living in poverty. (...) In this article, I discuss and assess this ‘institutional critique’. I argue that if we understand the core commitments of effective altruism in a way that is suggested by much of the work of its proponents, and also independently plausible, there is no way to understand the institutional critique such that it represents a view that is both independently plausible and inconsistent with the core commitments of effective altruism. (shrink)

Historically, the concept of androgyny has been as problematic as it has been appealing to Western progressives. The appeal clearly includes, inter alia, the opportunity to abandon or ameliorate certain identities. As for the problematic dimension, the central problem seems to be the reduction of otherness to the norms of straight white middle/upper-class Western cismen, particularly because of the consequent worsening of actual others’ marginalization and exclusion from social institutions. Despite these problems, I wish to suggest that androgyny—as evidenced by (...) the enthusiasm felt for it by many Westerners—bespeaks something larger and more important than the concept itself, and that modified conception of it might be helpful in pursuit of social justice. (shrink)

This chapter develops a civic republican approach to disability justice. It begins by articulating a republican account of liberty as nondomination before showing how such domination can shape the relationships of people with disabilities. This leads to a consideration of whether disability justice can be defined in terms of maximizing or sufficient nondomination. Instead, the chapter provides a civic framework within which republican disability justice can be understood, encompassing both the absence of oppressive relationships and the presence of capabilities of (...) special egalitarian concern. It also considers some specific normative implications of a republican account of disability justice—doubting the suitability of contestatory democracy but pointing toward the merits of self-education and universal basic income. Finally, the objection that this republican approach to disability justice unreasonably denigrates dependence is rebutted. (shrink)

Extreme inequality of opportunity leads to a number of social tensions, inefficiencies and injustices. One issue of increasing concern is the effect inequality is having on people’s fair chances of attaining meaningful work, thus limiting opportunities to make a significant positive contribution to society and reducing the chances of living a flourishing life and developing their potential. On a global scale we can observe an increasingly uneven provision of meaningful work, raising a series of ethical concerns that need detailed examination. (...) The aim of this article is to explore the potential of a normative framework based upon the idea of contributive justice to defend a fairer provision of meaningful work. (shrink)

The concept of food sovereignty is becoming an element of everyday parlance in development politics and food justice advocacy. Yet to successfully achieve food sovereignty, the demands within this movement have to be compatible with the way people are pursuing consumer sovereignty, and vice versa. The aim of this article is to examine the different sets of demands that the two ideals of sovereignty bring about, analyze in how far these different demands can stand in constructive relations with each other (...) and explain why consumers have to adjust their food choices to seasonal production variability to promote food sovereignty and so secure future autonomy. (shrink)

Progressive stacking is a strategy for prioritizing in-class contributions that allows marginalized students to speak before non-marginalized students. I argue that this strategy is both pedagogically and ethically defensible. Pedagogically, it provides benefits to all students (e.g., expanded in-class discourse) while providing special benefits (e.g., increased self-efficacy) to marginalized students, helping to address historic educational inequalities. Ethically, I argue that neither marginalized nor non-marginalized students are wronged by such a policy. First, I present a strategy for self-disclosure that reduces the (...) risk of inadvertent, unwanted disclosure while respecting marginalized student autonomy in a manner analogous to accommodations provided under the Americans with Disabilities Act. Second, I argue that non-marginalized students are not wronged because such students are not silenced during discussion and because non-marginalized students benefit from the prioritization of marginalized voices. (shrink)

In this paper, we offer a Leftist critique of standard liberal defenses of the public school. We suggest that the standard arguments employed by mainstream liberal defenders of the public school are generally inadequate because they fail to provide a credible representation of their historical object, let alone effective remedies to our current problems. Indeed, many of these narratives, in our view, are grounded in fantasies about what public schools, or teaching and learning, are or could be, as much as (...) they are grounded in the historical realities of public schools or the realities of so-called privatization. We speculate whether the self identification of the proponents of this cause as ‘progressive’ is not part of this ideological construction and if the underlying political agenda is not in fact more conservative. (shrink)

Accounts of solidarity typically defend it in teleological or loyalty terms, justifying it by invoking its goal of promoting justice or its expression of support for a shared community. Such solidarity seems to be a moral option rather than an obligation. In contrast, A Moral Theory of Solidarity develops a deontological theory grounded in equity. With extended reflection on the Spanish conquest of the Americas and the US Civil Rights movement, Kolers defines solidarity as political action on others' terms. Unlike (...) mere alliances and coalitions, solidarity involves a disposition to defer to others' judgment about the best course of action. Such deference overrides individual conscience. Yet such deference is dangerous; a core challenge is then to determine when deference becomes appropriate.Kolers defends defernce to those who suffer gravest inequity. Such deference constitutes equitable treatment, in three senses: it is Kantian equity, expressing each person's equal status; it is Aristotelian equity, correcting general rules for particular cases; and deference is 'being an equitable person,' sharing others' fate rather than seizing advantages that they are denied. Treating others equitably is a perfect duty; hence solidarity with victims of inequity is a perfect duty. Further, since equity is valuable in itself, irrespective of any other goal it might promote, such solidarity is intrinsically valuable, not merely instrumentally valuable. Solidarity is then not about promoting justice, but about treating people justly. A Moral Theory of Solidarity engages carefully with recent work on equity in the Kantian and Aristotelian traditions, as well as the demandingness of moral duties, collective action, and unjust benefits, and is a major contribution to a field of growing interest. (shrink)

Is gossip ever appropriate as a response to other people’s misdeeds or character flaws? Gossip is arguably the most common means through which communities hold people responsible for their vices and transgressions. Yet, gossiping itself is traditionally considered wrong. This essay develops an account of social punishment in order to ask whether gossip can serve as a legitimate means of enforcing moral norms. In the end, however, I argue that gossip is most likely to be permissible where it resembles punishment (...) as little as possible. (shrink)

John Broome has proposed a theory of fairness according to which fairness requires that agents’ claims to goods be satisfied in proportion to the relative strength of those claims. In the case of competing claims for a single indivisible good, Broome argues that what fairness requires is the use of a weighted lottery as a surrogate to satisfying the competing claims: the relative chance of each claimant's winning the lottery should be set to the relative strength of each claimant's claim. (...) In this journal, James Kirkpatrick and Nick Eastwood have objected that the use of weighted lotteries in the case of indivisible goods is unacceptable. In this article, I explain why Kirkpatrick and Eastwood's objection misses its mark. (shrink)

One of the signs of the rapid development of medical genetics is a gradual increase in the number of genetic tests available. Different aspects of this phenomenon have been addressed and debated in the source literature, but so far relatively little has been said about the obligation to provide equal access – in the social context – to selected kinds of tests. In this article, I attempt to reconstruct those few suggestions, dealing with the principles of funding genetic tests from (...) public resources, that can still be found in the source literature. Accordingly, I have analyzed the possibilities of identifying the criteria of selecting diagnostic and preventive tests to be eligible for refund, as well as of screening programmes. (shrink)

Traditionally, most philosophers saw childhood as a state of deficiency and thought that its value was entirely dependent on how successfully it prepares individuals for adulthood. Yet, there are good reasons to think that childhood also has intrinsic value. Children possess certain intrinsically valuable abilities to a higher degree than adults. Moreover, going through a phase when one does not yet have a “self of one’s own,” and experimenting one’s way to a stable self, seems intrinsically valuable. I argue that (...) children can have good lives, on several understandings of well-being – as a pleasurable state, as the satisfaction of simple desires or as the realization of certain objective goods. In reply to the likely objection that only individuals capable of morality can have intrinsic value, I explain why it is plausible that children have sufficient moral agency to be as deserving of respect as adults. (shrink)

Many authors in ethics, economics, and political science endorse the Lottery Requirement, that is, the following thesis: where different parties have equal moral claims to one indivisible good, it is morally obligatory to let a fair lottery decide which party is to receive the good. This article defends skepticism about the Lottery Requirement. It distinguishes three broad strategies of defending such a requirement: the surrogate satisfaction account, the procedural account, and the ideal consent account, and argues that none of these (...) strategies succeed. The article then discusses and discharges some remaining grounds for resistance to these skeptical conclusions, as well as the possibility of defending a weaker version of a normative lottery principle. The conclusion is that we have no reason to believe that where equal claims conflict, we are morally required to hold a lottery, as opposed to simply picking one of the parties on more subjective grounds or out of pure whim. In addition to the practical consequences of this skeptical view, the article sketches some theoretical implications for debates about saving the greater number and about axiomatic utilitarianism. (shrink)

¿Qué ocurre con la continuidad del tratamiento de los sujetos de investigación después de que realizan la última visita del ensayo en el que participan? En algunos casos, la falta de continuidad de atención de la salud apropiada podría poner en peligro la salud de estas personas. Por lo tanto, es probable que los sujetos de investigación que al terminar su participación en un ensayo todavía se encuentran enfermos, necesiten continuar con el tratamiento en estudio u otra atención de la (...) salud adecuada por el resto de sus vidas, sean unos pocos meses o muchos años. No obstante, no todas las sociedades cuentan con los recursos e instituciones para resolver el problema de la continuidad de tratamiento beneficioso. La opinión de un sujeto de investigación norteamericano, al que llamaremos Pedro, sin seguro de salud que participó en un ensayo de largo plazo sobre diabetes ejemplifica el problema de la continuidad de tratamiento beneficioso: “de repente [ellos] simplemente cortan la cuerda, y uno está solo por su cuenta, ya sabes. O consigues trescientos o cuatrocientos dólares al mes para seguir con esto o simplemente sigues adelante y mueres”. En este trabajo intentaré dar un panorama de la reciente discusión en torno al problema de la continuidad de tratamiento beneficioso en la ética de la investigación. Por tratamiento beneficioso hago referencia a dos cosas. En primer lugar, el tratamiento beneficioso puede ser (1) el tratamiento en estudio, p. e. el tratamiento o intervención en investigación que estaba recibiendo Pedro para su diabetes en el ejemplo anterior. Una droga o un producto biológico es un tratamiento en estudio para un uso propuesto (indicación) desde el primer ensayo con seres humanos hasta el momento en que es aprobado para su comercialización por las autoridades reguladoras de fármacos. El segundo lugar, el tratamiento beneficioso también puede ser (2) otra atención de la salud apropiada para el sujeto de investigación distinta del tratamiento en estudio, p. e. si existiera un tratamiento alternativo disponible para la enfermedad o condición de Pedro, distinto del tratamiento en estudio, y se justificara hacer la transición a ese otro tratamiento por razones de un mejor perfil de efectividad, seguridad y/o toxicidad. En la sección 1 de este trabajo introduciré una taxonomía de las obligaciones éticas de acceso posinvestigación (1.1.), realizaré un relevamiento histórico del concepto basado en las guías éticas internacionales (1.2) y analizaré el surgimiento del término “continuidad de tratamiento beneficioso hacia los sujetos de investigación” y otros términos análogos como “atención después de la investigación” (1.3). En la sección 2 presentaré los casos ejemplares en la bibliografía: continuidad de tratamiento en investigación en VIH/SIDA (2.1), continuidad de tratamiento en investigación en cáncer (2.2.) y otros casos de continuidad de tratamiento (2.3). (shrink)

I offer a hopefully compelling defense of the view of those whom I refer to as hard-core opponents of terrorism. For hard-core opponents, terrorism is categorically wrong and, therefore, morally and legally unjustified. I view terrorism as either equivalent to murder or man slaughter in domestic law, or equivalent to crimes against humanity or war crimes in international law. If my argument is compelling, at least two important results follow from it. First, that under no circumstances is terrorism justified. And (...) second, that even if my argument were to be compelling, it will not necessarily end debates about the nature, justification, or excuse of terrorism. (shrink)

1Preface: Malthus the Utilitarian vs. Malthus the Christian moral thinker. The chapter aims at reconstructing the deadlocks of Malthus scholarship concerning his relationship to utilitarianism. It argues that Bonar created out of nothing the myth of Malthus’s ‘Utilitarianism’, which carried, in turn, a pseudo-problem concerning Malthus’s lack of consistency with his own alleged Utilitarianism; besides it argues that such misinterpretation was hard to die and still persists in Hollander’s reading of Malthus’s work. ● -/- 2 Eighteenth-century Anglican ethics. The chapter (...) gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology and how two Cambridge fellows, John Gay and Thomas Brown worked out a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number of possible sets of laws on the basis of a maximizing criterion, happiness for his creatures. ● -/- 3 Malthus’s meta-ethics. The chapter reconstructs the two ethical chapters of the second Essay. It argues that Malthus’s ethics is not dependent on Paley’s, but is derived from Cumberland, Butler, Gay, Brown. Besides, it argues that theodicy takes a new place in the 1803 Essays and ethics becomes a key to theodicy. The new solution is that, once it has been proved that passions can be mastered and that a world where passions are under control would be a comparatively happy place, a society where moral restraint prevailed would make the middling ranks more numerous, reduce dependence, and preserve liberty. ● -/- 4 Malthus’s early normative ethics: a morality of freedom. The chapter reconstructs young Malthus’s views on the foundations of ethics, proving his adhesion to voluntarist consequentialism. Then it reconstructs his treatment of political issues, whence a clear stance emerges in favour of traditional Whig concerns, such as political freedom, personal independence and dignity. Finally, it gives a fresh look at the theological argument in the two well-known final chapters, locating it in the context of consequentialism, voluntarism, and quasi-Leibnizian theodicy. ● -/- 5 Malthus’s intermediate normative ethics: a morality of prudence. Malthus’s normative ethics focuses on two main ‘natural’ virtues, benevolence and chastity, and three artificial virtues. These include love for equality and love for liberty. A special place is granted to another virtue, prudence, which is the link between natural and artificial virtues. This special virtue also provides an invisible link between the private and the public domains, in that it contributes to combine self-love with general happiness. This is granted by the unintended results mechanism, or “the happiness of the whole is to be the result of the happiness of individuals, and to begin first with them. No cooperation is required”. ● -/- 6 Malthus’s mature normative ethics: a morality of humanity. The chapter describes reactions by Evangelicals, such as Gisborne, Sumner, and Chalmers, to Malthus’s theory and Malthus’s transformation of his own system in order to pave objections. This amounts to incorporating The Evangelicals’ ideas into his own system. The friendly controversy with his Evangelical fellow-travellers yielded several important changes in 1806, 1817, and 1826 editions of the second Essay in the formulation of Malthusian ethics, in the adoption of moral improvement instead of happiness as the variable to be maximised, in the adoption of generalized education as the main weapon in the war on poverty. ● -/- 7 Malthus’s applied ethics. The chapter reconstructs Malthus’s treatment of a few issues in ‘applied ethics’, sexual morality, public morality, poverty, and besides, war and slavery. On the first issue, he argues the duty to marry only at a time when one is ready to carry the burden of six children as a moral duty imposed by prudence and rejects birth control because of its alleged effect of encouraging ‘indolence’. On the second issue, he defends a peculiar kind of Whiggism as anti-Machiavellian politics centred on rights, equality, and dignity. On the third issue, his final approach is a kind of Institutional approach to poverty, making room for generalized basic education, free markets for labour and allowing for a subsidiary role for private beneficence. The goal to be aimed at is bringing about circumstances which tend to elevate the character of the lower classes of society and offer them a chance of being respectable, virtuous and happy. ● -/- 8 Conclusions: strengthening the theological foundation. Malthus’s criteria for policy appraisal were not utilitarian ones. His normative ethics and his politics were sharply different from Bentham’s. Utility is just one element in Malthus’s ethics, going with laws of nature and rights, and ironically, far from being a Benthamite insertion, is the most markedly theological element in Malthus’s system of ideas. ● -/- . (shrink)

This paper argues that societal duties of health promotion are underwritten (at least in large part) by a principle of beneficence. Further, this principle generates duties of justice that correlate with rights, not merely “imperfect” duties of charity or generosity. To support this argument, I draw on a useful distinction from bioethics and on a somewhat neglected approach to social obligation from political philosophy. The distinction is that between general and specific beneficence; and the approach from political philosophy has at (...) times been called equality of concern. After clarifying the distinction and setting out the basis of the equality of concern view, I argue that the result is a justice-based principle of “specific” beneficence that should be reflected in a society’s health policy. I then draw on this account to criticize, refine, and extend some prominent health care policy proposals from the bioethics literature. (shrink)

South Africa is a highly distributively unequal country, and its inequality continues to be largely along racial lines. Such circumstances call for assessment from the perspective of contemporary theories of distributive justice. Three such theories—Rawlsian justice, utilitarianism, and luck egalitarianism—are described and applied. Rawls' difference principle recommends that the worst off be made as well as they can be, a standard which South Africa clearly falls short of. Utilitarianism recommends the maximization of overall societal well-being, a goal which South Africa (...) again fails to achieve given its severe inequality and the fact of the diminishing marginal value of money—that a given amount of money tends to produce more utility for a poor person than it does for a rich person. The final theory, luck egalitarianism, aims to make distributions sensitive to individual exercises of responsibility. This view also objects to South Africa's inequality, this time on the basis that the poor are overwhelmingly worse off through no fault or choice of their own. These major theories of distributive justice therefore all propose large-scale redistribution to the benefit of the (predominantly black) poor. Perhaps more surprisingly, all three views also provide support for socio-economic affirmative action, as opposed to South Africa's race-based Black Economic Empowerment. (shrink)

In "Making Sense of Animal Disenhancement" Adam Henschke provides a framework for fully understanding and evaluating animal disenhancement. His conclusion is that animal disenhancement is neither morally nor pragmatically justified. In this paper I argue that Henschke misapplies his own framework for understanding disenhancement, resulting in a stronger conclusion than is justified. In diagnosing his misstep, I argue that the resources he has provided us, combined with my refinements, result in two new avenues for inquiry: an application of concepts from (...) political theory to disenhancement, and an inquiry in to the mode of valuation that underlies industrial animal agriculture and disenhancement proposals. (shrink)

Discrimination is a central moral and legal concept. However, it is also a contested one. Particularly, accounts of the wrongness of discrimination often rely on controversial and particular assumptions. In this paper, I argue that a theory of discrimination that relies on premises that are very general and widely accepted provides a plausible account of the concept of wrongful discrimination. According to the combined theory, wrongful discrimination consists of allocating a benefit that is not supported by a morally significant fact, (...) or in a way that involves distributive injustice, or both. (shrink)

In this thesis we have examined the complex interaction between intellectual property rights, life sciences and global justice. Science and the innovations developed in its wake have an enormous effect on our daily lives, providing countless opportunities but also raising numerous problems of justice. The complexity of a problem however does not liberate society as a whole from moral responsibilities. Our intellectual property regimes clash at various points with human rights law and commonly held notions of justice.

Analysing the demands of global justice for the distribution of resources is a complex task and requires consideration of a broad range of issues. Of particular relevance is the effect that different distributions will have on global population growth and individual welfare. Since changes in the consumption and distribution of resources can have major effects on the welfare of the global population, and the rate at which it increases, it is important to establish meaningful principles to ensure a just distribution (...) of resources. In order to establish such principles we must consider the scope of any reproductive rights, and rights to other goods, such as food and health care, as well as examine the extent of duties correlating to those rights. In addition to the impact that distributions of global goods have on the welfare of current generations, it is also important to consider what duties we have, if any, to future generations. -/- The final version of this paper is available to download here: http://dx.doi.org/10.1002/9780470015902.a0024140. (shrink)

It is a widely supported claim that liberal democratic institutions should treat citizens with equal respect. I neither dispute nor champion this claim, but investigate how it could be fulfilled. I do this by asking, as a sort of litmus test, how liberal democratic institutions should treat with respect citizens holding minority convictions, and thereby dissenting from a deliberative output. The first step of my argument consists in clarifying the sense in which liberal democracies have a primary concern for the (...) respectful treatment of citizens qua self-legislating persons. Taking the second step, I address critically the common tendency in the literature to concentrate on what I have termed the ex ante legem phase, focusing solely on the structure of institutionalized decision-making processes. I submit, rather, that the principle of equal respect for persons demands more of liberal democratic institutions to enhance citizens' chances to give voice to their consciences and influence, on that ground, the formulation of the rules to which they should conform. Fulfilling this commitment requires democratic theorizing to go beyond the ex ante legem phase and regard forms of ex post legem contestation as an extension of citizens' right to political participation. Against this backdrop, I take the third and last step and argue that a promising way forward consists in the adoption of an ex post legem version of conscientious exemptionism, granting citizens a conditional moral right to request exemptions on the grounds of conscience from certain controversial legal and political provisions. (shrink)

For 40 years, Peter Singer has deployed the case of the child drowning in the shallow pond to argue for greater donations in foreign aid. The persistent use of the shallow pond example in theorizing about global poverty ignores morally salient features of the real world, and ignoring such morally salient features can have a variety of harmful implications for anti-poverty work. I argue that the shallow pond example should be abandoned, and defend this claim against possible objections.

The large number of hungry people in a global economy based on industrialization, privatization, and free trade raises the question of the ethical dimensions of the worsening food crisis in the world in general and in developing countries in particular. Who bears the moral responsibility for the tragic situation in Africa and Asia where people are starving due to poverty? Who is morally responsible for their poverty - the hungry people themselves? the international community? any particular agency or institution? In (...) the context of Article 3 of the UN Declaration of Human Rights, which states that "Everyone has the right to life, liberty and security" (UNDHR, 1948), the ethical question of poverty and hunger becomes a major human concern that should be discussed publicly and resolved by whatever means available. But how can the poor and hungry realize their right to life and security if their very survival is at stake? This paper maintains that responsibility for global poverty at present lies in recent neo-liberal trends in the global economy and with those individuals and organizations who, though small in number, have acquired a disproportionate share of the world's assets and financial resources. That being the case, it is suggested that our monetary and financial policies are in need of drastic changes with regard to global responsibility towards the hungry and impoverished. (shrink)

Although written in Japanese, 法的思考（Legal Mind）pursues a good explanation of how we can apply the so-called practical syllogism to the legal manner of thought.

Over the last several years asylum cases relating to activities of criminal gangs have greatly increased in frequency. Cases involving Central American gangs, the so-called maras, have attracted the most attention but similar cases have arisen out of South Eastern and Eastern Europe as well. Applicants in such cases face a number of difficulties as their cases do not fit into paradigm categories for asylum claims. These cases almost always involve non-state actors, for example, acting for reasons that are not, (...) at least at first glance, clearly political. Additionally, the reasons why gangs target particular individuals often do not obviously fit into one of the traditional protected grounds. If applicants fleeing gang activity are to successfully apply for asylum they will have to overcome these apparent difficulties. In this paper, a contribution to the University of Memphis Law Review Spring Symposium on immigration reform, I break down gang-related asylum claims into three main categories and show how at least some cases in each category fit within the area set out for protection by asylum and refugee law. I briefly discuss a conceptual framework which explains how some gang-related cases should be seen as falling in the area that asylum law seeks to protect (thereby providing a concrete example of the sort of protection that I claim in my dissertation refugee law is meant to provide) and give advice to practitioners about how to formulate meritorious claims. (shrink)

In several papers, I have argued for a theory of distributive justice and considered its implications. This theory includes a principle of responsibility that was endorsed by others within an account of defensive force (self-defense and defense of others). Whitley Kaufman criticizes this account which he refers to as the "distributive justice theory of self-defense" (DJ theory). In this paper, I respond to this criticism. I argue that Kaufman presents the theory inaccurately, that his standard of evaluation of the theory (...) is inadequate and that his claim that the theory should be rejected is unconvincing. (shrink)

The main aim of Jeff McMahan's manuscript on the morality of war is to answer the question: why and accordingly when is it justified or permissible to kill people in war? However, McMahan argues that the same principles apply to individual actions and to war. McMahan rejects all doctrines of collective responsibility and liability. His claim is that every individual is liable for what he has done and not for the actions of others - even if both are part of (...) the same collective. Accordingly, McMahan challenges the common view that it is much easier to justify killing in war compared to killing in other contexts. Therefore, the scope of his project exceeds the context of war and extends to interpersonal conflicts between individuals that do not qualify as war. Many of McMahan's main claims are appealing. Particularly, appealing is his rejection of the collectivist account of war. Indeed, it seems that the simple story according to which people are responsible solely for their actions - rather than (also) to the actions of others - should be held on until a different, more complex, account of collective responsibility is put forward and its plausibility is explained. Therefore, the article focuses on the general principles advocated by McMahan with regard to the resolution of all interpersonal conflicts: Whether these conflicts are small scale or large scale (that is, whether few or a many people are involved in the conflict), and within the latter category of conflicts involving many people, whether these conflicts qualify as war (according to some standard) or not. (shrink)

Based on a general thesis regarding the proper resolution of interpersonal conflicts, this paper suggests a normative framework for the distribution of scarce health resources. The proposed thesis includes two basic ideas. First, individual well-being is the fundamental value. Second, interpersonal conflicts affecting well-being should be resolved in light of several conceptions of fairness, reflecting the independent value of persons and the moral significance of responsibility of individuals for the existence of interpersonal conflicts. These ideas are elaborated in several principles (...) that are applied with respect to the distribution of scarce health resources. (shrink)

This article spells out the way in which normative concerns unavoidably enter into the design and interpretation of empirical research on children's development of justice conceptions, with special emphasis on Damon's well-known stage theory of such development. Normative considerations provide assumptions not only about what counts as a conception of justice in the first place but also what counts as a better or a worse conception. Damon, for one, relies on the questionable normative premise that all distributive choices are choices (...) about justice. An alternative research programme is suggested, based on piecemeal mutual adjustments between the normative and the empirical, a programme which would focus on children's desert-based emotions. (shrink)

In this article, I argue that the kind of suffering that prisons impose upon prisoners both (a) disregards their uniqueness and (b) fails to meet their basic needs in a manner which violates their dignity and worth as human beings. Hence, it cannot be morally justified. But since the imposition of suffering is an integral element of a prison’s central function, it follows that no ‘institutional ethics’ could, logically, be used to adjudicate between its institutional decisions. Hence, a ‘Correctional Ethics’ (...) is logically impossible. (shrink)

A survey of Nigerian women who have undergone female circumcision (female genital mutilation) revealed a majority in favour of the practice. Are Western feminist bioethicists entitled to condemn it?