This article aims to make progress towards an account of social cohesion and participation in terms of which we can better understand how groups of people come to constitute stable social orders. It argues for a conceptual distinction between "inclusion" and "integration" and sheds new light on their theoretical relationship. While "integration" refers to group members' willingness to act in accordance with the given norms of a social structure, "inclusion" is linked to their participation opportunities. Although inclusion also plays an (...) essential role in integrating a normative order, levels of inclusiveness necessary for social cohesion may vary across different contexts. (shrink)

This article examines the method of reflective equilibrium (RE) and its role in philosophical inquiry. It begins with an overview of RE before discussing some of the subtleties involved in its interpretation, including challenges to the standard assumption that RE is a form of coherentism. It then evaluates some of the main objections to RE, in particular, the criticism that this method generates unreasonable beliefs. It concludes by considering how RE relates to recent debates about the role of intuitions in (...) philosophy. (shrink)

IntroductionThe various special concerns and commitments that individuals ordinarily have, for example towards family members, friends, and possibly compatriots, present an interesting challenge for justice. Justice, after all, is said to be blind and imposes demands on persons that ought to be impartial, at least in some respects, to personal ties and relationships. Yet individual special concerns are obviously of moral importance and are deeply valued by participants in these relationships. Thus any conception of justice to be plausible has to (...) be able to accommodate to some extent the various types of valuable and valued special concern characteristic of ordinary social life. In particular, it is important to see how the impartial demands of justice can be maintained while accommodating special concern. (shrink)

John Rawls thinks republicanism is compatible with his political liberalism. Philip Pettit insists that the two conflict in important ways. In this paper, I make sense of this dispute by employing David Chalmers’s method of elimination to reveal the meaning underlying key terms in Rawls’s political liberalism and Pettit’s republicanism. This procedure of disambiguating terms will show how the two theories defend the same institutional arrangement on the same grounds. The procedure thus vindicates Rawls’s view of the two theories being (...) compatible. The reason for this compatibility is that both theories are politicized—that is, they are constructed to attract the compliance of all reasonable members of a modern, pluralistic society. (shrink)

Suppose that one is at least a minimal realist about a given domain, in that one thinks that that domain contains truths that are not in any interesting sense of our own making. Given such an understanding, what can be said for and against the method of reflective equilibrium as a procedure for investigating the domain? One fact that lends this question some interest is that many philosophers do combine commitments to minimal realism and a reflective equilibrium methodology. Here, for (...) example, is David Lewis on philosophy: Our “intuitions” are simply opinions: our philosophical theories are the same. Some are commonsensical, some are sophisticated; some are particular; some general; some are more firmly held, some less. But they are all opinions, and a reasonable goal for a philosopher is to bring them into equilibrium. Our common task it to find out what equilibria there are that can withstand examination, but it remains for each of us to come to rest at one or another of them… Once the menu of well-worked out theories is before us, philosophy is a matter of opinion. Is that to say that there is no truth to be had? Or that the truth is of our own making, and different ones of us can make it differently? Not at all! If you say flatly that there is no god, and I say that there are countless gods but none of them are our worldmates, then it may be that neither of us is making any mistake of method. We may each be bringing our opinions to equilibrium in the most careful possible way, taking account of all the arguments, distinctions, and counterexamples. But one of us, at least, is making a mistake of fact. Which one is wrong depends on what there is (1983: x-xi). In addition to philosophy in general, the method of reflective equilibrium has also been endorsed as the appropriate procedure for investigating various other subject.. (shrink)

The origination of General Systems Theory is credited to Ludwig von Bertalanffy who, two years after receiving his doctorate from the University of Vienna, published a work in 1932 entitled Theorie der Formbildung. Despite, by his own account, an exposure to and familiarity with the positivism of the Vienna circle, von Bertalanffy was dissatisfied with the reductionist and atomistic forms of explanation which this group asserted is characteristic of scientific explanation. He was particularly unhappy with attempts to pattern explanations of (...) biological phenomena after the model of classical Newtonian physics. In this early work, Models Theories of Development, von Bertalanffy maintained both that the main problem for biology is to discover patterns (laws) which are typical of biological systems and that the discovery of such patterns would produce a major change in the way the world is viewed in general. Von Bertalanffy worked out his proposed model for biological explanation in such subsequent books as Theoretische Biologie and Problems of Life and then in his later years in such works as Robots, Man and Minds and Organismic Psychology and Systems Theory, went on to apply his concepts in a cross-disciplinary way to psychology. Again, by his own account, at a somewhat later period, others, for example the economist Kenneth Boulding and the bio-mathematician A. Rapport, had arrived at, for parallel reasons, certain similar ideas relative to their own disciplines. These individuals together with others formed a joint enterprise which was to result in the interdisciplinary systems movement. Von Bertalanffy stressed the multi-dimension possibilities for fruitful research in a large number of conceptual areas, including the humanities, in his final major work, General Systems Theory Foundation, Development and Applications. (shrink)

Ruth Chang and Joseph Raz have both drawn far-reaching consequences for agency from the phenomenon of incommensurability. After criticizing their arguments, I outline an alternative view: if incommensurability is vagueness, then there are no substantial implications for agency, except perhaps a limited form of naturalistic voluntarism if our reasons are provided by desires.

I present an interpretation of ideal theory that is grounded in the idea of society as a fair scheme of cooperation, which Rawls describes as the most fundamental idea of justice as fairness. A key element of the Rawlsian idea of cooperation, I claim, is that the individual participants of a genuinely cooperative scheme—whatever its scale—are morally accountable to each other for complying with the scheme’s rules. This means that each participant has the moral standing to demand of the others (...) that they comply with the rules. I argue that the logic of these moral demands requires that the scheme’s rules be worked out on the basis of a strict compliance assumption. In justice as fairness, society as a whole is a grand scheme of cooperation. The principles of justice constitute the moral terms of association for this cooperative scheme, and hence define the moral demands that citizens, as such, may make of one another. Thus, these principles of justice must likewise be worked out on the basis of a strict compliance assumption. I contrast this interpretation with the standard telic alternative, which grounds the strict compliance assumption in its role as part of the theory of a realistic utopia, and argue for the possibility of non-utopian ideal theories. (shrink)

Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) turn: to start the inquiry with violations of human dignity. The inductive turn: to consider the whole range of applications of the concept of human dignity in different areas of ethics. And finally, the historical turn: to take into account the historical bonds between human dignity and traditional conceptions of dignity. Taken together they point in the direction of an understanding of human dignity as universal nobility. (shrink)

This chapter suggests a scheme of reconstruction, which explains how scenarios, questions and arguments figure in thought experiments. It then develops a typology of ethical thought experiments according to their function, which can be epistemic, illustrative, rhetorical, heuristic or theory-internal. Epistemic functions of supporting or refuting ethical claims rely on metaethical assumptions, for example, an epistemological background of reflective equilibrium. In this context, thought experiments may involve intuitive as well as explicitly argued judgements; they can be used to generate moral (...) commitments, to explore consequences of moral theories, and to show inconsistencies within or between moral commitments and moral theory; but the results of thought experiments by themselves do not settle what is epistemically justified and may also be rejected. Finally, some prominent challenges are discussed: do unrealistic scenarios undermine epistemic thought experiments? Are ethical thought experiments misleading? Do they rely on weak analogies? Are there specifically moral objections to ethical thought experiments? (shrink)

Leading scholars evaluate the importance of Dewey's work for our times.

This paper argues that international development research should be submitted to the oversight of research ethics committees from the countries where data will be collected. This includes research conducted by individuals who may fall outside the jurisdictions of most ethics guidelines or policies, such as individuals contracted by non-governmental organizations. The argument is grounded in an understanding of social justice that recognizes that not seeking local ethics approval can be an affront to the decolonization movement, and may lead to significant (...) direct harms to participants. Local ethics oversight can help ensure projects appropriately take into consideration local laws, regulations, priorities and context. For example, a local research ethics committee may be in a better position than a foreign one to assess whether any given proposed project carries context-specific risks. In addition, submitting to a local research ethics committee is to acknowledge the legitimacy of local authorities, thereby taking a stance against the history of colonizing disempowerment. Local oversight is a mechanism to increase the accountability of researchers working abroad: if respect for local authority and tailoring to local context are to be upheld, there must be mechanisms to ensure that research that does not meet these requirements does not proceed. Objections based on the limited oversight capacity in some countries and on concerns related to the politicization of the review process are discussed. Finally, the roles and responsibilities of the various stakeholders in the implementation of greater local ethics oversight are laid out. (shrink)

Hierarchy is a difficulty for theories of equality, and especially those that define equality in relational or social terms. In ideal egalitarian circumstances it seems that hierarchies should not exist. However, a liberal egalitarian defence of some types of hierarchies is common. Hierarchies of esteem have no further consequences than praise or admiration for valued individual features. Hierarchies of status, with differential reward, can, it is often argued, also be justified when they serve a justified social purpose and meet conditions (...) of genuine equality of opportunity. However, group hierarchies remain problematic, and evidence suggests that they are pervasive in human societies above a subsistence level of production. It has also been argued that group hierarchies are impossible to eliminate, and enormous cost is associated with attempting, and failing, to remove them. However, the perspective of ‘real-world’ political philosophy suggests measures to mitigate group hierarchy, starting with those that are either the easiest to address, the most damaging, or the most consequential. (shrink)

This article contextualises current debates over human rights and transnational corporations. More specifically, we begin by first providing the background to John Ruggie's appointment as 'Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises'. Second, we provide a brief discussion of the rise of transnational corporations, and of their growing importance in terms of global governance. Third, we introduce the notion of human rights, and note some difficulties associated therewith. Fourth, we (...) refer to Ruggie's scholarly work on 'embedded liberalism', the 'global public domain' and 'social constructivism'. Following this, we refer to the other five papers contained in this "Journal of Business Ethics" special issue, 'Spheres of Influence/Spheres of Responsibility: Multinational Corporations and Human Rights', and consider some of the potential obstacles to Ruggie's recent suggestion that a 'new consensus' has formed, or is forming, around his 'Protect, Respect and Remedy' framework. We conclude by raising questions regarding the processes of consensus-building around, and the operationalisation of, Ruggie's 'Protect, Respect and Remedy' framework. (shrink)

Quantitative analysts or “Quants” are a source of competitive advantage for financial institutions. They occupy the relatively powerful but often misunderstood role of modeling, structuring, and pricing complex financial instruments in the capital markets. But Quants often function in a discipline free from ethical burdens. Models used to price complex instruments are usually beyond the mathematical understanding of financial sector participants who rely heavily on the integrity of the Quant who built them. Although there has been some attempt to cover (...) the ethics of mathematics applied to the capital markets, designing a set of rules to guide the ethical behavior of Quants cannot be made explicit and remains inexpressible. Because Quants generally experience a sense of detachment from moral obligation, there is a growing need to convert moral detachment into engagement. Our framework is indebted to key elements of Wittgenstein’s practical ethics philosophy and Rawls’ justice principle. The burden of balancing justice as fairness as defined by Rawls with the inability to explicitly articulate ethical rules as defined by Wittgenstein must fall to the Quant. We propose that the threshold delineating the barrier between ethical detachment and engagement can only be defined by the Quants themselves. It is their moral duty to disclose their level of ethical engagement when their models are put into practice. (shrink)

When are we morally obligated as a society to help the homeless, and is coercive interference justified when help is not asked for, even refused? To answer this question, we propose a comprehensive taxonomy of different types of homelessness and argue that different levels of autonomy allow for interventions with varying degrees of pressure to accept help. There are only two categories, however, where paternalism proper is allowed, be it heavily qualified. The first case is the homeless person with severely (...) diminished autonomy as a result of mental illness, and the second case is the homeless person who runs a risk of serious and imminent harm to self. In the first case, namely, that of soft paternalism, we argue that coercive intervention in the case of a refusal to accept help should be focused on the provision of housing that meets basic needs—needs that we outline in the article. In the case of imminent and severe harm to self, the case of hard paternalism, we argue that forced intervention can only be allowed if it is temporary and local, namely focused on getting someone out of harm’s way. (shrink)

. If one is committed to a “Rawlsian” conception of justice, is one not also necessarily committed to a “Christian” personal ethics? MOE explicitly, if one believes that social justice requires the maximinning of material conditions, should one not use one's time and resources as well as one can in order to assist the poorest? The paper offers a very partial answer to these questions by arguing for the following two claims: Contrary to what is implied by some egalitarian critics (...) of Rawls, the idea of a well‐ordered society does not require maximin‐guided choices at the individual level, and hence leaves room for legitimate incentive payments. Despite Rawls's own neglect of this fact, a limited form of patriotism does constitute an individual “natural duty” following from a commitment to maximin social justice. (shrink)

Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome example (...) advanced by Jonathan Quong. While we may be able to impersonally justify coercing the illiberal dissenter, public reason liberals must explain how we can interpersonally justify such coercion—meaning justify given the perspective of the dissenter. The two prominent strategies for dealing with dissenters involve idealization of reasoning and requiring liberal values; I show that these strategies do not succeed in a way compatible with the public reason project. That is, the prominent strategies leave public reason theorists with a dilemma between denying the legitimacy of using coercion to protect core freedoms against deeply illiberal people or abandoning the fundamental public reason project. I conclude by proposing a different answer to public reason liberalism’s fundamental question: what requires justification? On my account, it is not that coercion requires interpersonal justification for its permissibility, but that such justification is necessary as a constitutive element of a kind of moral community. (shrink)

Kantian constructivists locate the source of normativity in the rational nature of valuing agents. Some further argue that accepting this premise thereby commits one to accepting the intrinsic or unconditioned value of rational nature itself. Whereas much of the critical literature on this “regress on conditions” argument has focused either on the cogency of the inference from the value-conferring capacity of the will to the unconditional value of that capacity itself or on the plausibility of the initial constructivist premise, my (...) aim is to press the argument from a different direction by asking just how Kantian the constructivist needs to be in order to support a regress on conditions argument. Specifically, I maintain that the argument succeeds only given a full-fledged Kantian moral psychology, including a presupposition of transcendental freedom. If correct, this could have implications regarding the compatibility of Kantian ethics and philosophic naturalism. (shrink)

For contractarians, justice is the result of a rational bargain. The goal is to show that the rules of justice are consistent with rationality. The two most important bargaining theories of justice are David Gauthier’s and those that use the Nash’s bargaining solution. I argue that both of these approaches are fatally undermined by their reliance on a symmetry condition. Symmetry is a substantive constraint, not an implication of rationality. I argue that using symmetry to generate uniqueness undermines the goal (...) of bargaining theories of justice. (shrink)

The authors argue that a free market paradigm facilitates wealth creation but does little to distribute that wealth in a just manner. In order to achieve the social goal of distributive justice, the concept of a fair market is introduced and explored. The authors then examine three drivers that can help improve the lives of all people, especially the poor: civil society, its institutions, and business. After exploring the roles these drivers might play in developing fair markets, we describe three (...) enablers that serve as catalysts for change: the effects of globalization, the impact of technology, and the emergence of entrepreneurial activity. We conclude by making recommendations for establishing fair markets and provide exemplars of two firms that embody the arguments made in the article. (shrink)

This article evaluates the theory of boundary legitimacy put forward in A John Simmons’s recent book Boundaries of Authority. I believe Simmons is correct to hold that questions about the legitimac...

While John Tomasi's Free Market Fairness is ambitious, provocative, and does much to reinvigorate debate about economic justice, his argument for market democracy is not compelling. I discuss two objections. First, I offer doubts about whether “thick” economic freedom is a condition of democratic legitimacy. While Tomasi raises the intriguing possibility that liberal commitments may justify a somewhat more expansive list of economic rights than traditionally recognized, he fails to give a well-worked-out account of these rights. Instead, he argues for (...) unfettered economic liberty without adequately connecting it to citizens' self-authorship, or showing how it could feasibly be protected alongside other basic liberties. Second, I argue that a concern for citizens' agency and economic self-authorship should lead us to endorse a social-democratic regime, not a market-democratic one. Market democracy leaves out or heavily revises key aspects of justice as fairness as developed by Rawls, including fair equality of opportunity and the fair value of the political liberties. Moreover, while Tomasi claims that social democracy rests on a perfectionist prioritizing of citizens' status over their agency, I argue that social democracy is best defended on agency-based grounds. (shrink)

In Utopophobia Estlund offers a prominent version of a conditional account of feasibility. I think the account is too permissive. I defend an alternative incentives account of feasibility. The incentives account preserves the spirit of the conditional account but qualifies fewer actions as feasible. Simplified, the account holds that an action is feasible if there is an incentive such that, given the incentive, the agent is likely to perform the action successfully. If we accept that ought implies feasible, then we (...) should reject some normative requirements on agents that Estlund would accept in light of his more permissive conditional account. But we can still recognise normative requirements on individual and collective agents that, if complied with, would result in a world that is radically better than our own. (shrink)

This paper argues that many of Adam Smith’s insights,particularly those in his Theory of moral sentiments, have a relevance tocontemporary thought about economics and ethics that is currentlyunderappreciated. In economics, for example, Smith was concerned notonly with the sufficiency of self-interest at the moment of exchange butalso with the wider moral motivations and institutions required tosupport economic activity in general. In ethics, Smith’s concept of animpartial spectator who is able to view our situation from a criticaldistance has much to contribute (...) to a fuller understanding of therequirements of justice, particularly through an understanding ofimpartiality as going beyond the interests and concerns of a localcontracting group. Smith’s open, realization-focussed and comparativeapproach to evaluation contrasts with what I call the “transcendentalinstitutionalism” popular in contemporary political philosophy andassociated particularly with the work of John Rawls. (shrink)

The evidence of culture’s impact on corruption and its consequences is still inconclusive despite several investigations: Sometimes, theory is lacking and causes and consequences seem exchangeable. Based on psychological research on the distribution and use of power, we predicted that a steeper distribution of power induces more corruption and elaborated its negative consequences in a complex causal model. For measuring power distribution, pervading national culture, we augmented Hofstede’s ‘Power Distance’ with three additional indicators into a reversed, more reliable and valid (...) culture composite called “Power Balanced Freedom”. Instead of the usual regression and instrument approaches, which cannot estimate multiple causal chains including causal feedback, a non-recursive path analysis was employed with data from 85 nations. PBF predicted less national Corruption, with positive effects on Gross Domestic Product and Inequality Adjusted Human Development. The often expected reverse effect of GDP on Corruption was not significant. Contrary to influential authors from economics, culture variables are the most important predictors of corruption and its consequences. Nonetheless, our extended model supports the main thrust of their ideas and adds more precision. Our conceptual distinction of the uses of power and our empirical measure PBF reflect Kant’s ethical imperative: freedom and autonomy for everyone. Widely shared life chances as measured by IHDI reflect utilitarian, consequentialist ideas. These different ethical approaches are connected in the confirmed causal model, in line with Rawls’ first and second principle of justice. (shrink)

Despite women’s increased labor force participation, household divisions of labor remain highly unequal. Properly implemented, gender egalitarian political interventions such as work time regulation, dependent care provisions, and family leave initiatives can induce families to share work more equally than they currently do. But do these interventions constitute legitimate uses of political power? In this article, I defend the political legitimacy of these interventions. Using the conception of citizenship at the heart of political liberalism, I argue that citizens would accept (...) political interventions aimed at protecting the ‘genuinely available option’ to enact gender egalitarian lifestyles. More strongly still, I argue that under certain circumstances, citizens would insist on the enactment of political interventions to protect this option. According to political liberalism’s constraints on legitimacy, this insistence renders these interventions not only legitimate but positively mandatory. It is legitimate for a state to exercise power to preserve the genuinely available option to enact a gender egalitarian lifestyle, and under certain circumstances, it is illegitimate for a state to fail to do so. (shrink)

Much of the discussion on cosmopolitanism and nationalism has focused on their different normative views. The purpose of this article is to shift the attention away from the normative debate to the metatheoretical argument about how we determine moral and political principles independently of each other. I argue that the discussion among proponents of cosmopolitanism and contextualist models boils down to latent methodological and metatheoretical assumptions about what selection of facts are considered politically relevant. In the article, I explore what (...) I call ‘the indeterminacy failure’ of moral cosmopolitanism, that is, the view according to which moral principles fail to determine what political-institutional level might be preferable; and the ‘indeterminacy failure’ of liberal nationalism, that is, the view according to which national identity fails to determine moral principles. In opposition to dichotomist cosmopolitan models and alternative contextualist approaches, I promote a ‘split-level’ model that is set to avoid the difficulties in the other approaches. The split-level corrects the indeterminacy failures of cosmopolitanism and contextualism by distinguishing clearly between the level of moral theorising and the level of political theorising. (shrink)

The paper is an attempt to revisit Rawls’ idea of a self, which elicits the concept of justice in the liberal tradition. Justice, as understood in the social and political context, is the basic feature of a well-ordered and rationally developed society and it is considered to be a virtue of the social institution. The liberal theory believes in the basic principle that right is prior to the good, and what is most fundamental to our personhood are not the ends (...) we choose but our capacity to choose them. Hence, in Rawls’ account of the self, absoluteness of the metaphysical priority has an edge over the absoluteness of the moral priority. The idea of an unencumbered self, in the social and historical sense, is at the core of the Kantian-Rawlsian theory of justice, which is under attack by the communitarians. Communitarians like Sandel, however, questions Rawls’ claim for the priority of right over good and maintains that liberals fail to recognize the self is ‘embedded,’ in and partly constituted by communal commitments and values which are objects of choice. In this paper, I examine communitarian critiques of Rawls’ liberal self. Further, I also refer to Rawls’ turn to the ‘political,’ which works as a ‘module’ that fits into and can be supported by a variety of reasonable comprehensive doctrines. (shrink)

I examine the foundations of a just society using the lens of decision theory. The conception of just society is from an individual’s viewpoint: where would I rather live if I have an equal chance of being any individual? Three alternative designs for a just society are examined. These are: laissez-faire, maximin and social minimum. Two assumptions about human nature clarify the distinction among three societies. The first assumption is that a representative individual’s utility function is concave. The second assumption (...) recognizes that redistribution to achieve equality reduces total wealth. A rational individual would prefer a society where one is free to maximize one’s expected utility. A social minimum that includes both the provision of essential human needs and equality of opportunity (education, healthcare, access to capital) for a flourishing life emerges as a candidate solution for the basic structure of society. (shrink)

The principle of fair equality of opportunity is regularly used to justify social policies, both in the philosophical literature and in public discourse. However, too often commentators fail to make explicit just what they take the principle to say. A principle of fair equality of opportunity does not say anything at all until certain variables are filled in. I want to draw attention to two variables, timing and currency. I argue that once we identify the few plausible ways we have (...) at our disposal for filling in those variables, it will become apparent that a reasonable version of the principle will be quite narrow. Its usefulness as a justificatory basis for social policies will be limited to those policies that target the distribution of competitive opportunities among people entering majority. (shrink)

Evidence-Based Medicine (EBM) is defined as the conscious, and judicious use of current best evidence in making decisions about the care of individual patients. The greater the level of evidence the greater the grade of recommendation. This pioneering explicit concept of EBM is embedded in a particular view of medical practice namely the singular nature of the patient-physician relation and the commitment of the latter towards a specific goal: the treatment and the well being of his or her client. Nevertheless, (...) in many European countries as well as the United States, this integration of the best evidence from systematic research with clinical expertise and patient values appears to be re-interpreted in light of the scarcity of healthcare resources. The purpose of this paper is double. First, to claim that from an ethical perspective EBM should be a guideline to clinical practice; and second, that in specific circumstances EBM might be a useful tool in macro-allocation of healthcare resources. Methodologically the author follows Norman Daniels' theory of democratic accountability to justify this assumption. That is, choices in healthcare must be accountable by democratic procedures. This perspective of distributive justice is responsible for the scope and limits of healthcare services. It follows that particular entitlements to healthcare — namely expensive innovative treatments and medicines —may be fairly restricted as long as this decision is socially and democratically accountable and imposed by financial restrictions of the system. In conclusion, the implementation of EBM, as long as it limits the access to drugs and treatments of unproven scientific results is in accordance with this perspective. The use of EBM is regarded as an instrument to facilitate the access of all citizens to a reasonable level of healthcare and to promote the efficiency of the system. (shrink)

Las relaciones que pueden establecerse entre azar, igualdad y biotecnología suscitan un debatebien prolijo en el campo de la filosofía moral, generando dudas y numerosas discusiones. La reflexión sobre el alcance moral de ciertas hipotéticas posibilidades que podría brindar la biotecnología, permite iluminar el debate sobre la suerte bruta en materia de justicia distributiva.

Kai Nielsen is one of Canada’s most distinguished political philosophers. In a career spanning over 40 years, he has published more than 400 papers in political philosophy, ethics, meta-philosophy, and philosophy of religion. He has engaged much of the best work in Anglophone political philosophy, shedding light on many of the central debates and controversies of our time but throughout has remained a unique voice on the political left. _ Pessimism of the Intellect _presents a thoughtful collection of Nielsen’s essays (...) complemented by an extended reflective interview with Nielsen. This collection allows the reader to grasp the systematic scope of his thought and methodology. (shrink)

The Kantian categorical imperative process of rational reflection and reasoned social discourse is theoretically capable of forming the moral environmental maxims applicable to business. This article argues that rational environmental discourse demands that business has an imperfect duty to develop relevant unbiased information, and perhaps to disseminate this information through participation in business-public coalitions. For the environmental problem, this “rationality” particularly concerns our obligations toward future generations and distant people while recognizing that they cannot participate in current discourse, and the (...) rules for gathering and assessing the evidence that should govern our environmental preservations and enhancements. Both these concerns demand certain scientific information requirements, as well as logical decision criteria that are perceived as stable across both overlapping generations, and affected peoples. The criteria for Rawls’ “considered moral judgments” are shown to apply to resolutions of these business-related ethical conundrums. In a way similar to Kant’s anthropological examinations of humanity’s antisocial behaviors, this article also examines various biases that inhibit this social reasoning. (shrink)

Total quality management (TQM) has become a basic business practice in organizations throughout the world. Implementation of TQM in these organizations has been driven by the desire to increase profits in the highly competitive business world. Total quality management techniques are designed to improve performance.Concurrently, organizations are striving to eradicate the concept that the termbusiness ethics is an oxymoron. Corporate codes of conduct have been developed to indicate the outside boundaries of acceptable organizational behavior and companies are espousing and enforcing (...) the ideals contained within these codes. (shrink)

Economic disparities often translate into disparities in political influence, rendering political liberties less worthy to poor citizens than to wealthier ones. Concerned with this, Rawls advocated that a guarantee of the fair value of political liberties be included in the first principle of justice as fairness, with significant regulatory and distributive implications. He nonetheless supplied little examination of the content and grounding of such guarantee, which we here offer. After examining three uncompelling arguments in its favor, we complete a more (...) promising yet less explored argument that builds on the value of self-respect. We first inspect the conditions and duties that securing self-respect entails. We then look into how uneven allocations of the value of political liberties bear, expressively and due to the power imbalances they yield, on such conditions and duties. (shrink)

Political theory has been described as an `enterprise of discovery' that carries within it the danger of utopianism. This article explores one aspect of that danger: the question of the paradoxical or circular nature of much political thinking. This seems to be both a necessary and an impossible feature of such theorizing. Political theory itself seems to require an idea of utopia that is, by definition, impossible to achieve.

I introduce a new formulation of rule consequentialism, defended as an improvement on traditional formulations. My new formulation cleanly avoids what Parfit calls “ideal world” objections. I suggest that those objections arise because traditional formulations incorporate counterfactual comparisons about how things could go differently. My new formulation eliminates those counterfactual comparisons. Part of the interest of the new formulation is as a model of how to reformulate structurally similar views, including various kinds of contractualism.

Within their value chains of suppliers through customers, many businesses are becoming more aware of the environmental aspects and impacts of their organizations. Viewed as a continuum of behavior, business environmentalism can range from simply complying with the law to accepting and pursuing a goal of sustainable development. The point on the continuum at which an organization chooses to operate is reflected in its environmental mission, policies, and actions. Attributes of the various levels of behavior and classification of some organizational (...) mission statements are examined in this paper. (shrink)

This is the conundrum that gives rise to the issue of tax avoidance: Although governments always seem to lack sufficient funds to support the needs of society, tax codes are often written that offer “a way out” of paying taxes for some but not all constituents. The ways out are referred to as loopholes that allow taxpayers to avoid taxes. This paper first defines the basic terms of tax avoidance and tax evasion and then offers an ethical review of the (...) morality of aggressive tax avoidance. Aggressive tax avoidance is then addressed in relationship a corporate entity’s tone at the top. The conclusion is drawn that use of the letter of the law to avoid payment of taxes sorely needed by governments for the good faith provision of public goods and services is ethically unacceptable. Several suggestions for change are provided, including a new financial statement disclosure and the possibility of a published corporate ethics report. (shrink)

If one is committed to a “Rawlsian” conception of justice, is one not also necessarily committed to a “Christian” personal ethics? MOE explicitly, if one believes that social justice requires the maximinning of material conditions, should one not use one's time and resources as well as one can in order to assist the poorest? The paper offers a very partial answer to these questions by arguing for the following two claims: (1) Contrary to what is implied by some egalitarian critics (...) of Rawls, the idea of a well‐ordered society does not require maximin‐guided choices at the individual level, and hence leaves room for legitimate incentive payments.(2) Despite Rawls's own neglect of this fact, a limited form of patriotism does constitute an individual “natural duty” following from a commitment to maximin social justice. (shrink)

An interdisciplinary theoretical framework is proposed for analysing justice in global working conditions. In addition to gender and race as popular criteria to identify disadvantaged groups in organizations, in multinational corporations (MNCs) local employees (i.e. host country nationals (HCNs) working in foreign subsidiaries) deserve special attention. Their working conditions are often substantially worse than those of expatriates (i.e. parent country nationals temporarily assigned to a foreign subsidiary). Although a number of reasons have been put forward to justify such inequalities—usually with (...) efficiency goals in mind—recent studies have used equity theory to question the extent to which they are perceived as fair by HCNs. However, since perceptual equity theory has limitations, this study develops an alternative and non-perceptual framework for analysing such inequalities. Employment discrimination theory and elements of Rawls’s ‘Theory of Justice’ are the theoretical pillars of this framework. This article discusses the advantages of this approach for MNCs and identifies some expatriation practices that are fair according to our non-perceptual justice standards, whilst also reasonably (if not highly) efficient. (shrink)

What is discrimination and what makes wrongful discrimination wrong? Even after an ever-rising tide of research over the course of the past twenty-five or so years these questions still remain hard to answer. Exercising candid and self-critical hindsight, Larry Alexander, who contributed his fair share to this tide, thus remarked: “All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.” If this is true it (...) raises serious doubts as to how wrongful discrimination can be a moral wrong in itself. Also, the question comes up as to who it is who breaches a promise or a fiduciary duty. This paper defends the view that the substance of these remarks is better understood by couching them in a political approach towards discrimination. Against this background, they give rise to real and pressing concerns. Once we conceptualise the realm political along Hobbesian lines as the battleground comprising both the private sphere of the individual and the public sphere of the commonwealth it emerges that discrimination has different significance with regard to these respective spheres. In order to illustrate this, I adopt Kasper Lippert-Rasmussen’s descriptive account of discrimination as „differential treatment on the basis of membership of a socially salient group“ and the common view that wrongful discrimination is wrong because it is harmful, disrespectful, or both. In the private sphere the case can be made for morally permissible cases of discrimination. Sexual discrimination due to sexual self-determination with consequently freely choosing your sexual or romantic partner is the central case in point. Where somebody feels unfairly rejected and consequently hurt neither the charge of harm inflicted nor that of disrespect endured need be justified. No “breach of promises or fiduciary duties” is involved. The case is different, however, when it comes to the fiduciary of power. In discriminating, he who exercises the power of the commonwealth necessarily breaches a promise and a fiduciary duty. Discrimination thus appears to be more of a problem of political philosophy than one of applied ethics. [in German] **************************************************************************************************** ******************** Was ist Diskriminierung und warum ist Diskriminierung verwerflich, wenn sie es denn ist? Dies bleibt ungeachtet der seit fünfundzwanzig Jahren anschwellenden Forschungsliteratur unverändert eine harte Nuss. Larry Alexander, der selbst maßgeblich zu dieser Forschungsliteratur beigetragen hat, merkt daher selbstkritisch an: „All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.“ Wenn dies der Fall ist, stellt sich die Frage, wie moralisch verwerfliche Diskriminierung dann noch an sich verwerflich sein kann. Es stellt sich dann auch die Frage, wer hier ein Versprechen bricht und seine Treuepflichten verletzt. Die leitende Annahme dieses Aufsatzes ist es, dass man dem sachlichen Kern dieser Bedenken Rechnung tragen kann, indem man eine politische Perspektive auf das Phänomen der Diskriminierung einnimmt. Die Bedenken erweisen sich dann als substanziell und zutreffend. Konzeptualisieren wir den Bereich des Politischen mit Thomas Hobbes als das Spannungsfeld, das die private Sphäre des Individuums und die öffentliche Sphäre des Gemeinwesens gegeneinander abgrenzt, wird sichtbar, dass Diskriminierung in diesen Sphären jeweils unterschiedlich zu bewerten ist. Um dies zu verdeutlichen, lege ich Kasper Lippert-Rasmussens deskriptives Verständnis von Diskriminierung als „differential treatment on the basis of membership of a socially salient group“ zugrunde und mache von der in der Diskussion verbreiteten Ansicht Gebrauch, dass das Zufügen von Schaden oder die Verweigerung von Respekt Diskriminierung verwerflich macht. In der privaten Sphäre kann es nun Fälle moralisch zulässiger Diskriminierung geben. Zentral ist die sexuelle Diskriminierung aufgrund der Ausübung einer freien Wahl des eigenen Sexual- oder Liebespartners. Auch wenn sich der Abgewiesene womöglich geschädigt sieht, wird unbilliger Schaden nicht zugefügt und geschul- deter Respekt nicht verweigert. Den Grund finden wir in Alexanders Formel: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt nicht vor. Anders im Fall staatlicher Diskriminierung: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt hier stets vor, da Fälle staatlicher Diskriminierung regelmäßig Machtmissbrauch darstellen: Der Inhaber staatlicher Gewalt verletzt die Treuepflicht, das Mandat unparteilich auszuüben, das getreulich auszuführen er gelobt hat. Diskriminierung erscheint also weniger als ein Problem der angewandten Ethik denn als eines der politischen Philosophie. (shrink)