La condena popular pesa sobre los abogados que, conscientes de la culpabilidad de su cliente, argumentan en favor de su inocencia, cuestionando la validez y la fuerza de la evidencia en su contra. El propósito de este trabajo es ofrecer una nueva réplica al argumento que sirve de base para esta condena. La refutación que es ofrecida en el trabajo está fundada en la concepción prospectiva de obligación.

Adversarial scheme points to situations of rivalry like auctions, public tendering, sports competitions, elections or trials. Thomas Pogge suggested that these schemes have great advantage: they force agents to reveal their full performance. But they also incentivize agents to manipulate the rules. In other schemes with incentives, he also suggests, agents can easily downplay their performance, but won’t engage in rule manipulation to the same extent. In this paper, I will argue that adversarial schemes and other schemes with incentives advantages (...) or disadvantages do not map from one to the other as Pogge suggests. Performance-downplaying also takes place in adversarial schemes, as well as in other schemes with incentives also lead to rule manipulation. I will also argue that there are genuine differences between these two types of schemes. Adversarial schemes have three unique advantages: first, they may be more effective in producing motivational improvements at a lower cost, second, they may lead to an automatic optimization of performances and, third, they may produce unique system benefits. In order to produce these advantages, we must design adversarial schemes properly and use them in the right situation. (shrink)

In a market economy, members of professions—or at least those for whom their profession is a vocation—are vulnerable to a distinctive kind of objectionable exploitation, namely the exploitation of their vocational commitment. That they are vulnerable in this way arises out of central features both of professions and of a market economy. And, for certain professions—the care professions—this exploitation is particularly objectionable, since, for these professions, the exploitation at issue is not only exploitation of the professional’s vocational commitment but also (...) of her even more basic commitment to morality. (shrink)

This paper argues that the concept of dignity should be understood as a concept that we use to describe an aggregate of values and qualities of a person or thing that deserves esteem and respect. The primary value that creates the right to have dignity is life. The degree of dignity a life form has depends on its place in the evolutionary scale. Human beings are the highest form of life so they possess the highest degree of dignity.