Randomization procedures are used in legal and statistical applications, aiming to shield important decisions from spurious influences. This article gives an intuitive introduction to randomization and examines some intended consequences of its use related to truthful statistical inference and fair legal judgment. This article also presents an open-code Java implementation for a cryptographically secure, statistically reliable, transparent, traceable, and fully auditable randomization tool.

The community has legislatively conferred on external auditors a special but lucrative responsibility to provide fair and independent opinions about management''s preparation of company financial statements. In return, auditors are obliged by professional standards to act with integrity, independently and in the public interest. This study examined 174 auditors'' predisposition to provide just and fair judgements, using Kohlberg''s theory of developmental moral reasoning, one of the most widely accepted theories in justice psychology. Respondents came from five international audit (...) firms in Copenhagen. Results indicated that auditors with pre-conventional or low level of just reasoning or comprised 64 respondents, the largest group in the sample. The pre-conventional level suggests that people will act in their own self-interest and do the right only to avoid punishment. Pre-conventional auditors have the ability to "do deals", advantageous for business. When faced with an ethical crisis, however, auditors as this level will tend to focus on their own needs at the expense of others. The post-conventional or mid level of just reasoning comprised 59 auditors, second largest group in the sample. This level indicates that these auditors have the predisposition to act fairly on principal, particularly when faced with an ethical crisis. The conventional level or mid-just reasoning consisted of 51 auditors. People with a conventional level of just reasoning believe in law and order, the maintenance of the status quo, however they tend not to be critical of laws, nor authority even if those laws and authority are unjust or evil. (shrink)

This paper argues that close personal relationships play an important role in our judgments about what is fair. I start with an explanation of leading theories of fairness, highlighting the potential for further work on the grounds of fairness. Next, I offer an account of close personal relationships as having the ability to generate legitimate and reasonable expectations of one or other party to a judgment about fairness, or both. I show how and when close personal relationships can (...) ground fairness. (shrink)

This paper investigates board judgment in response to management led buyouts (MLBs). Board response is suggested to be guided by the business judgment rule and its dual duties of care and loyalty. The duty of loyalty is seen to be evolving into a specification of fair dealing. With this trend, the current interpretation of the business judgment rule emphasizes the role of care and relies on the market to insure fairness. Possible failures in the MLB market (...) which limit its effectiveness in assuring fairness are discussed. Recommendations to counteract these failures are suggested. (shrink)

Garrett Cullity contends that fairness is appropriate impartiality (See Cullity (2004) Chapters 8 and 10 and Cullity (2008)). Cullity deploys his account of fairness as a means of limiting the extreme moral demand to make sacrifices in order to aid others that was posed by Peter Singer in his seminal article ‘Famine, Affluence and Morality’. My paper is founded upon the combination of (1) the observation that the idea that fairness consists in appropriate impartiality is very vague and (2) the (...) fact that psychological studies show the self-serving bias is especially likely to infect one’s judgements when the ideas involved are vague. I argue that Cullity’s solution to extreme moral demandingness is threatened by these findings. I then comment on whether some other theories of fairness are vulnerable to the same objection. (shrink)

Fair Governance: The Enforcement of Morals is a study of legal interference with individual preferences and will canvass the interdisciplinary literature in economics, psychology, philosophy, and law. It discusses the particular conditions necessary for the state to legally interfere with our freedom of choice, whether it be to either satisfy our individual pursuit of happiness or to prevent us from making immoral choices. Relatively few philosophers know much of the parallel literature on this central problem of ethics; while many (...) legal scholars are acquainted with the psychological literature on judgment biases, they are frequently unfamiliar with the philosophical literature on perfectionism. Francis H. Buckley carefully links these two notions of state power with recent empirical literature on judgment biases and happiness studies and surveys the literature, arguing for a nuanced form of social perfectionism, one which seeks to promote the kind of liberal nationalism found in the United States. (shrink)

Is there an epistemic analogue of moral motivational internalism? The answer to this question has implications for our understanding of the nature of epistemic normativity. For example, some philosophers have argued from claims that epistemic judgement is not necessarily motivating to the view that epistemic judgement is not normative. This paper examines the options for spelling out an epistemic analogue of moral motivational internalism. It is argued that the most promising approach connects epistemic judgements to doxastic dispositions, which are related (...) to motivation in a fairly tenuous sense. It is also argued that this approach currently lacks a plausible and informative account of the nature and workings of these doxastic dispositions, and, hence, an explanation of the range of phenomena internalist theses typically set out to explain. The most promising route for developing such an account, based on recent expressivist work, is investigated and found inadequate for the task. (shrink)

According to a common judgement, a social planner should often use a lottery to decide which of two people should receive a good. This judgement undermines one of the best-known arguments for utilitarianism, due to John C. Harsanyi, and more generally undermines axiomatic arguments for utilitarianism and similar views. In this paper we ask which combinations of views about (a) the social planner’s attitude to risk and inequality, and (b) the subjects’ attitudes to risk are consistent with the aforementioned judgement. (...) We find that the class of combinations of views that can plausibly accommodate this judgement is quite limited. But one theory does better than others: the theory of chance-sensitive utility. (shrink)

Past research showed that the ability to focus on one’s internal states positively correlates with the self-regulation of behavior in situations that are accompanied by somatic and/or physiological changes, such as emotions, physical workload, and decision-making. The analysis of moral oriented decision-making can be the first step for better understanding the legal reasoning carried on by the main players in the field, as lawyers are. For this reason, this study investigated the influence of the decision context and interoceptive manipulation on (...) the moral decision-making process in the legal field gathering the responses of two groups of lawyers. A total of 20 lawyers were randomly divided into an experimental group, which was explicitly required to focus the attention on its interoceptive correlates, and a control group, which only received the general instruction to perform the task. Both groups underwent a modified version of the Ultimatum Game, where are presented three different moral conditions and three different offers. Results highlighted a significant increase of Acceptance Rate in those offers that should be considered more equal than fair or unfair ones, associated with a general increase of Reaction Times in the equal offers. Furthermore, the interoceptive manipulation oriented the Lawyers toward a more self-centered decision. This study shows how individual, situational, contextual, and interoceptive factors may influence the moral decision-making of lawyers. Future research in the so-called Neurolaw field is needed to replicate and expand current findings. (shrink)

The study ascertained (1) whether an observer's scope of justice with reference to either the moral agent or the target person of a moral act, would affect his/her judgements of the ethicality of the act, and (2) whether observer judgements of ethicality parallel the moral agent's decision processes in systematically evaluating the intensity of the moral issue. A scenario approach was used. Results affirmed both research questions. Discussions covered the implications of the findings for the underlying cognitive processes of moral (...) judgements, for the link between judgements of fairness and ethicality, as well as for the debate of ethical absolutism versus relativism. (shrink)

Consensus is growing among ethicists and lawyers that medical decision making for incompetent patients who were previously competent should be made in accordance with that person's prior wishes and desires. Moreover, this legal and ethical preference for the substituted judgment standard has found its way into the daily practice of medicine. However, what appears on the surface to be an agreement between jurists, bioethicists, and clinicians obscures the very real differences between disciplines regarding the actual implementation of the sub (...) stituted judgment standard. Ethicists and judges have carefully outlined how substituted judgments ought to be made and evaluated. Although differences arise, especially at the state court level, regarding the scope of the substituted judgment standard and its relation to other standards of surrogate decision making, agreement is fairly widespread on the priority of substituted judgment and on the necessity of sufficient evidence being available in order to support a particular substituted judgment. (shrink)

Although social contracts theory has been applied to organizations (Donaldson & Dunfee, 1994), rarely has the theory been tested empirically. This article uses the traditions of communitarianism and individualism to instantiate an ideal-type economic social contract. We asked 269 subjects to complete the Ideological Orientation Scale and to make judgments on eight downsizing scenarios. Using social judgment theory, we assess the direct and indirect influences of ideology on judgments of fairness. Our findings suggest that ideology indeed shapes individual’s conceptions (...) of organizational fairness. (shrink)

In this paper I consider fairness of blaming a wrongdoer. In particular, I consider the claim that blaming a wrongdoer can be unfair because blame has a certain characteristic force, a force which is not fairly imposed upon the wrongdoer unless certain conditions are met--unless, e.g., the wrongdoer could have done otherwise, or unless she is someone capable of having done right, or unless she is able to control her behavior by the light of moral reasons. While agreeing that blame (...) has a characteristic force, I am skeptical of this charge of unfairness. My skepticism concerns itself less with the particular conditions of fairness proposed than with the idea that blame can be rendered unfair by its characteristic force. If to blame a person were simply to perform certain intentional actions, then, as we will see, blame could be rendered unfair by its force. But to blame a person is not just to act in certain ways. It is, at least in large part, to make certain judgments or adopt certain attitudes. However, it is unclear how these attitudes or judgments carry "force"? and also unclear whether they can be rendered unfair by their force. Examining these issues, I will suggest that much of the force of blame is found in a set of judgments--most centrally, the judgment that one person failed to show proper regard for others. But, I will argue, once it is granted that such judgments are true, their characteristic force cannot render them unfair. (shrink)

Political judgment is notoriously hard to theorise, and in the recent debates surrounding Habermas's discourse ethics we encounter classic disagreements around the nature, operation and validity of such judgments. This paper evaluates Habermas's account of political judgment and explores the problems raised by his critics. It then focuses on the contentious role played by universals within his account. What emerges is a reformulated theory of judgment based on the thin universalism of fair deliberation, and a description (...) of a sub-set of judgments, termed ``democratic judgments'', which are oriented to the preservation of democracy. (shrink)

A key question for research on the evolutionary origins of morality concerns just what the target of an evolutionary explanation of morality should be. Some researchers focus on behaviors, others on systems of norms, yet others on moral emotions. Richard Joyce (2006) offers an evolutionary explanation for the trait of making moral judgments. Here, I defend Joyce’s account of moral judgment against two objections from Stephen Stich (2008). Stich’s first objection concerns the supposed universality of moral judgments as Joyce (...) conceives of them. I respond by undermining the empirical evidence upon which this objection is based. Stich’s second objection concerns the extent of the moral domain, which he takes to include far more than the considerations of harm and fairness central to Joyce’s account. In response, I outline several strategies for reconciling Stich’s observations with Joyce’s account. (shrink)

This text is an integrated and comprehensive account of theories of justice and judgement in contemporary political and moral philosophy. It offers a critical examination of judgement and normative validity in the recent works of Rawls, Habermas, Ackerman, Michaleman, and Dworkin. Ferrara demonstrates how the understanding of justice and normative validity, since the linguistic turn in philosophy, is defined in terms of reflective judgement. This demonstration comprises of an historical overview of the judgement model in contemporary political philosophy that focuses (...) on Rawls on ` justice as fairness' and Habermas on the discourse theory of law and the public sphere. The discussion then examines situated judgement; the work of Ackerman on the function of the constitution; and Michaelman on deliberative democracy. Justice and Judgement concludes with an exhaustive and exacting discussion of universalism and contemporary liberalism; and the judgement view of justice. The key themes of this examination are the good; equal respect; and reflexive judgement. (shrink)

A guide to the different views of Joan of Arc as they have varied from her time until World War II, with emphasis on the political and ideological shifts which lay behind them. The chief chroniclers, sources, and commentators are referred to and their viewpoints briefly described. The author emphasizes the fairness of her trial by the standards of her day, and the political motives underlying her rehabilitation. Joan, he concludes, was a highly complex character, and in her story the (...) judgment of history and the judgments of partisans are inextricable.--A. R. (shrink)

Nature always refers to something inasmuch as it relates to something else. This « something else » is highly variable. The role of Nature as the respondent of judgements which are both hierarchical and moral is always present in modern science, without thereby being deducible from modern science. Today it presents new contrasts, new oppositions which involve multiple natures, interlinked and historical, which does not result in anything like a neutral Nature. The best example, linked to the idea of Gaia, (...) is the greenhouse effect. Our interventions, even if they take place over a very short period of time, might disturb situations which arose over very long periods. Gaia is a new figure of Nature which must be respected because we are dependent on her, not in the sense that she must be respected as a goddess, but in the sense of her sensitivity. Now, a Nature that could thus be defined once and for all, with an identity that could be opposed to humanity’s, does not exist. Nature in the other sense does not exist objectively either, but is more interesting because it participates in human historicity. It exists in the sense in which it forces us to think, negotiate, take into account, imagine, take note without saying that Nature, too, thinks, negotiates, takes into account, imagines, and takes note. We must think and imagine with something that does not do so. This is the beginning of a culture of non-symmetry. If Nature as Gaia teaches us something, it is that we must take care : the fact the current regimen of interdependence suits us is in no way a privilege of this regiment. Gaia has no innate reason to care about us ; rather, we must care about her. Non-symmetry, then, is this interesting situation in which Nature interests us while we do not interest her. (shrink)

Several philosophers who argue that forgiveness is an important virtue also wish to maintain the moral value of retributive emotions that forgiveness is meant to overcome. As such, these accounts explicate forgiveness as an Aristotelian mean between too much resentment and too little resentment. I argue that such an account ends up making forgiveness superfluous: it turns out that the forgiving person is not praised for a greater willingness to let go of her resentment, but rather for her fairness or (...) good judgment. I conclude by arguing that the virtue of fair-mindedness is more compatible with maintaining the value of the retributive emotions than the virtue of forgiveness. (shrink)

Healthcare package decisions are complex. Different judgements about effectiveness, cost-effectiveness and disease burden influence the decision-making process. Moreover, different concepts of justice generate different ideas about fair distribution of healthcare resources. This paper presents a decision model that is used in medical school in order to familiarise medical students with the different concepts of justice and the ethical dimension of making concrete choices. The model is based on the four-stage decision model developed in the Netherlands by the Dunning Committee (...) and the discussion that followed its presentation in 1991. Having to deal with 10 medical services, students working with the model learn to discern and integrate four different ideas of distributive justice that are integrated in a flow chart: libertarian, communitarian, egalitarian and utilitarian. (shrink)

The story of the show, The Good Place, begins with a common picture of what happens to us after we die. One of the key philosophical issues in the story involves how to assess correctly the moral goodness or badness of a person's life on Earth, since this is the basis of the judgment concerning their eternal destiny. Thomas Nagel claims that there are four kinds of “moral luck”: luck in the circumstances in which we find ourselves, luck with (...) respect to our constitution or character, luck with respect to the results of our actions, and luck with respect to having free choices at all. Perhaps one moral of the story of The Good Place is that life is really complicated, morally speaking—people are not simply good or evil, and cannot be judged easily. (shrink)

Evidence-based medicine (EBM), by its ability to decrease irrational variations in health care, was expected to improve healthcare quality and outcomes. The utility of EBM principles evolved from individual clinical decision-making to wider foundational clinical practice guideline applications, cost containment measures, and clinical quality performance measures. At this evolutionary juncture one can ask the following questions. Given the time-limited exigencies of daily clinical practice, is it tenable for clinicians to follow guidelines? Whose or what interests are served by applying performance (...) assessments? Does such application improve medical care quality? What happens when the best interests of vested parties conflict? Mindful of the constellation of socially and clinically relevant variables influencing health outcomes, is it fair to apply evidence-based performance assessment tools to judge the merits of clinical decision-making? Finally, is it fair and just to incentivize clinicians in ways that might sway clinical judgment? To address these questions, we consider various clinical applications of performance assessment strategies, examining what performance measures purport to measure, how they are measured and whether such applications demonstrably improve quality. With attention to the merits and frailties associated with such applications, we devise and defend criteria that distinguish between justice-sustaining and justice-threatening performance-based clinical protocols. (shrink)

The story of the show, The Good Place, begins with a common picture of what happens to us after we die. One of the key philosophical issues in the story involves how to assess correctly the moral goodness or badness of a person's life on Earth, since this is the basis of the judgment concerning their eternal destiny. Thomas Nagel claims that there are four kinds of “moral luck”: luck in the circumstances in which we find ourselves, luck with (...) respect to our constitution or character, luck with respect to the results of our actions, and luck with respect to having free choices at all. Perhaps one moral of the story of The Good Place is that life is really complicated, morally speaking—people are not simply good or evil, and cannot be judged easily. (shrink)

There is much discussion in sports on whether certain behavior should be considered Fair Play. This moral judgment on Fair Play is influenced by the conceptualization of the term Fair Play as either “respect for the rules” or “respect for the spirit of the game,” as well as by other determinants. To uncover the moral judgment of athletes and which conceptualization of Fair Play dominates in practice, a factorial survey approach is used. The act (...) and the level of the match played a role in the judgment, as well as the gender of the athlete. Our results showed that both conceptualizations “respect for the rules” and “respect for the spirit of the game” were important in this judgment, with the spirit conceptualization being more dominant. (shrink)

Background Whether patients' life-style should involve lower priority for treatment is a controversial question in bioethics. Less is known about clinicians' views. Aim To study how clinical doctors' attitudes to questions of patient responsibility and priority vary over time. Method Surveys of doctors in Norway in 2008, 2014, 2021. Questionnaires included statements about patients' lifestyle's significance for priority to care, and vignettes of priority cases (only in 2014). Results Attitudes were fairly stable between 2008 and 2021. 17%/14% agreed that patients' (...) lifestyle should count, while 19%/22% agreed that it should involve lower priority to scarce organs. 42/44% agreed that smokers should have lower priority. Substantially more agreed in 2014. Regression analyses showed that being male, working in hospital, and younger age increased the likelihood of agreeing. Conclusion A substantial minority of doctors agreed that lifestyle should be a priority criterion, possibly contrary to Norwegian legislation and professional ethics. The finding might be explained by the unspecified meaning of priority, increased scarcity-awareness, or socio-cultural trends towards individualism. The 2014 results indicate a framing effect; the vignettes may have primed the respondents towards accepting lifestyle as a criterion. We conclude that attitudes to normative questions are unstable and depend on context. A substantial minority of doctors seems to be positive to deprioritizing patients allegedly responsible for their illness. However, what deprioritization implies in practice is not clear. (shrink)

What are the criteria for reasonable clinical judgements? The reasonableness of macro-level decision-making has been much discussed, but little attention has been paid to the reasonableness of applying guidelines generated at a macro-level to individual cases. This paper considers a framework for reasonable clinical decision-making that will capture cases where relevant guidelines cannot reasonably be followed. There are three main sections. (1) Individual claims on healthcare from the point of view of concerns about equity are analysed. (2) The demands of (...) responsibility and equity on professional clinical performance are discussed, and how the combination of these demands emerges into seven requirements that constitute the framework is explored. Since this framework is developed to assist in reasonable clinical decision-making, practical implications of all these requirements are also suggested. (3) Challenges concerning the framework are discussed. First, a crucial presumption that the framework relies upon is considered—namely, clinicians’ willingness to justify their decisions as requested. Then how public deliberation may influence clinical decision-making is discussed. Next is a consideration of how clinicians’ need to have confidence in their own judgements in order to perform in a manner worthy of trust would be compatible with adherence to the framework supported by public deliberation. It is concluded that fair distribution in the interplay between macro- and micro-level considerations can be secured by legitimising procedures on each level, by ensuring well-organised and continuing public debate and by basing individual clinical judgements upon well-justified and principled normative bases. (shrink)

Covid‐19 confronts us with tragic choices, in which every option is unacceptable. On the New York State Task Force on Life and the Law, I worked on guidelines for such situations. We did not envision the scale or character of Covid‐19. To minimize fear that the decisions made in these situations might be unfair, we all must know what guidelines or mandates inform them. Only with transparency about how decisions will be made, by whom, and according to what requirements can (...) we have confidence that fairness prevails. We now face many related questions about process, goals, leadership, and trust. For example, how might ethical guidelines evolve as scientific understanding advances? Should guidelines vary with different venues? And if, as I have argued, judgment is necessary even with the best of guidelines, how can we prepare clinicians to make good judgments? Are there implications for better training of personnel in nonemergency times for what they might face in the worst of times? (shrink)

At least four different frameworks — psychiatric, cognitive, functional and decision-making — are used in the evaluation of competence, all of which remain more or less unrelated in the literature. In the first section of this paper we consider various meanings of competence, in order to arrive at a definition of the term relevant to the medical and legal setting. Patient or client competence, we conclude, refers to the practical abilities that individuals employ in pursuing their own autonomous goals in (...) life. We then show how a systematic categorization of these practical abilities — which we call a taxonomy of practical judgment — allows us to show when the traditional frameworks for the evaluation of competence may or may not be useful in the evaluation of a particular competence.In the final section we explore some of the normative considerations underlying the taxonomy. For instance, competence is not only related to intrinsic abilities but to resources available in the community. Here we touch on questions related to the fair distribution of community resources. (shrink)

Moral appraisals are found to be associated with a person’s individual differences (e.g., political ideology), and the effects of individual differences on language use have been studied within the framework of the Moral Foundations Theory (MFT). However, the relationship between one’s moral concern and the use of language involving morality on social media is not self-evident. The present exploratory study investigated that relationship using the MFT. Participants’ tweets and self-reported responses to the questionnaire were collected to measure the degree of (...) their appraisals according to the five foundations of the MFT. The Japanese version of the Moral Foundations Dictionary (J-MFD) was used to quantify the number of words in tweets relevant to the MFT’s five moral foundations. The results showed that endorsement of the Fairness and Authority foundations predicted the word frequency in the J-MFD across all five foundations. The findings suggest that the trade-off relationship between the Fairness and Authority foundations plays a key role in online language communication. The implications and future directions to scrutinize that foundation are discussed. (shrink)

Algorithms increasingly make managerial decisions that people used to make. Perceptions of algorithms, regardless of the algorithms' actual performance, can significantly influence their adoption, yet we do not fully understand how people perceive decisions made by algorithms as compared with decisions made by humans. To explore perceptions of algorithmic management, we conducted an online experiment using four managerial decisions that required either mechanical or human skills. We manipulated the decision-maker, and measured perceived fairness, trust, and emotional response. With the mechanical (...) tasks, algorithmic and human-made decisions were perceived as equally fair and trustworthy and evoked similar emotions; however, human managers' fairness and trustworthiness were attributed to the manager's authority, whereas algorithms' fairness and trustworthiness were attributed to their perceived efficiency and objectivity. Human decisions evoked some positive emotion due to the possibility of social recognition, whereas algorithmic decisions generated a more mixed response – algorithms were seen as helpful tools but also possible tracking mechanisms. With the human tasks, algorithmic decisions were perceived as less fair and trustworthy and evoked more negative emotion than human decisions. Algorithms' perceived lack of intuition and subjective judgment capabilities contributed to the lower fairness and trustworthiness judgments. Positive emotion from human decisions was attributed to social recognition, while negative emotion from algorithmic decisions was attributed to the dehumanizing experience of being evaluated by machines. This work reveals people's lay concepts of algorithmic versus human decisions in a management context and suggests that task characteristics matter in understanding people's experiences with algorithmic technologies. (shrink)

Early in the COVID-19 pandemic there was widespread concern that healthcare systems would be overwhelmed, and specifically, that there would be insufficient critical care capacity in terms of beds, ventilators or staff to care for patients. In the UK, this was avoided by a threefold approach involving widespread, rapid expansion of critical care capacity, reduction of healthcare demand from non-COVID-19 sources by temporarily pausing much of normal healthcare delivery, and by governmental and societal responses that reduced demand through national lockdown. (...) Despite high-level documents designed to help manage limited critical care capacity, none provided sufficient operational direction to enable use at the bedside in situations requiring triage. We present and describe the development of a structured process for fair allocation of critical care resources in the setting of insufficient capacity. The document combines a wide variety of factors known to impact on outcome from critical illness, integrated with broad-based clinical judgement to enable structured, explicit, transparent decision-making founded on robust ethical principles. It aims to improve communication and allocate resources fairly, while avoiding triage decisions based on a single disease, comorbidity, patient age or degree of frailty. It is designed to support and document decision-making. The document has not been needed to date, nor adopted as hospital policy. However, as the pandemic evolves, the resumption of necessary non-COVID-19 healthcare and economic activity mean capacity issues and the potential need for triage may yet return. The document is presented as a starting point for stakeholder feedback and discussion. (shrink)

RÉSUMÉJe réponds à l'affirmation de Dunn selon laquelle les jugements esthétiques doivent être normatifs pour Kant. Pour ce faire, je clarifie ma position : je ne soutiens nullement que la force du sentiment de plaisir implique que les autres doivent être d'accord avec mon jugement; c'est plutôt la nature désintéressée du sentiment qui est la base de l'accord; je m'oppose à la proposition selon laquelle le système kantien, dans son ensemble, nécessite les jugements normatifs de goût; et je m'oppose à (...) l'affirmation selon laquelle toute opération d'une faculté en accord avec un principe est normative. (shrink)

When doing research among vulnerable populations, researchers are obliged to protect their subjects from harm. We will argue that traditional ethical guidelines are not sufficient to do this, since they mainly focus on direct harms that can occur: for example, issues around informed consent, fair recruitment and risk/harm analysis. However, research also entails indirect harms that remain largely unnoticed by research ethical committees and the research community. Indirect harms do not occur during data collection, but in the analysis of (...) the data, and how the data is presented to the scientific and wider societal community. Highly stigmatized research subjects, like substance‐dependent parents, are especially at risk of encountering indirect harm, because the prejudice against them is so persistent. In this paper we discuss two forms of indirect harm. First, researchers have to be aware how their results will be preceived by society. Even when subjects are presented in an objective way, further, out of porportion stigmatization can occur. Researchers sometimes try to counteract this by whitewashing their results, at the risk of downplaying their respondents’ problems. The second risk researchers face is that their own normative judgements influence how they question such parents, report results and interpret statements. Researchers’ own normative judgements may influence the way they present their subjects. This article reviews a broad range of research that exhibits such indirect harms, discussing how and why indirect harms occur and formulating corresponding recommendations on how to prevent them. (shrink)

Although rationing by clinical judgment is controversial, its acceptability partly depends on how it is practiced. In this paper, rationing by clinical judgment is defined in three different circumstances that represent increasingly wider circles of resource pools in which the rationing decision takes place: triage during acute shortage, comparison to other potential patients in a context of limited but not immediately strained resources, and determination of whether expected benefit of an intervention is deemed sufficient to warrant its cost (...) by reference to published population based thresholds. Notions of procedural justice are applied along with an analytical framework of six minimal requisites in order to facilitate fair bedside rationing: (1) a closed system that offers reciprocity, (2) attention to general concerns of justice, (3) respect for individual variations, (4) application of a consistent process, (5) explicitness, and (6) review of decisions. The process could be monitored for its applicability and appropriateness. (shrink)

While individual differences in the willingness and ability to engage analytic processing have long informed research in reasoning and decision making, the implications of such differences have not yet had a strong influence in other domains of psychological research. We claim that analytic thinking is not limited to problems that have a normative basis and, as an extension of this, predict that individual differences in analytic thinking will be influential in determining beliefs and values. Along with assessments of cognitive ability (...) and style, religious beliefs, and moral values, participants judged the wrongness of acts considered disgusting and conventionally immoral, but that do not violate care- or fairness-based moral principles. Differences in willingness to engage analytic thinking predicted reduced judgements of wrongness, independent of demographics, political ideology, religiosity, and moral values. Further, we show that those who were higher in cognitive ability were less likely to indicate that purity, patriotism, and respect for traditions and authority are important to their moral thinking. These findings are consistent with a “Reflectionist” view that assumes a role for analytic thought in determining substantive, deeply-held human beliefs and values. (shrink)

RésuméJe soutiendrai que la façon dont Davidson rend compte de l'intention pure peut être comprise comme une analyse de l'intention comme étant relative à un jugement dans une perspective en première personne. Selon Davidson, avoir la pure intention de faire A, c'est formuler un jugement tout bien considéré qu'il est désirable de faire A. Dans cette analyse anti-réductionniste, l'intention est traitée comme un état irréductible du sujet. J’établirai une comparaison entre cette analyse et celle de Wright et je montrerai comment (...) la position de Davidson peut être considérée comme une analyse non-réductionniste rapportant l'intention au jugement, selon les directions suggérées par Wright. J'expliquerai ensuite comment cette analyse peut aider à éclaircir diverses difficultés qui se présentent dans la conception que Davidson se fait ultérieurement de la signification et du contenu mental. (shrink)

This paper puts forward a wish list of requirements for formal fairness in the specific context of triage in emergency departments (EDs) and maps the empirical and conceptual research questions that need to be addressed in this context in the near future. The pandemic has brought to the fore the necessity for public debate about how to allocate resources fairly in a situation of great shortage. However, issues of fairness arise also outside of pandemics: decisions about how to allocate resources (...) are structurally unavoidable in healthcare systems, as value judgements underlie every allocative decision, although they are not always easily identifiable. In this paper, we set out to bridge this gap in the context of EDs. In the first part, we propose five formal requirements specifically applied for ED triage to be considered fair and legitimate: publicity, accessibility, relevance, standardisability and accountability. In the second part of the paper, we map the conceptual and empirical ethics questions that will need to be investigated to assess whether healthcare systems guarantee a formally just ED triage. In conclusion, we argue that there is a vast research landscape in need of an in-depth conceptual and empirical investigation in the context of ED triage in ordinary times. Addressing both types of questions in this context is vital for promoting a fair and legitimate ED triage and for fostering reflection on formal fairness allocative issues beyond triage. (shrink)

We ask why pharmacological cognitive enhancement (PCE) is generally deemed morally unacceptable by lay people. Our approach to this question has two core elements. First, we employ an interdisciplinary perspective, using philosophical rationales as base for generating psychological models. Second, by testing these models we investigate how different normative judgments on PCE are related to each other. Based on an analysis of the relevant philosophical literature, we derive two psychological models that can potentially explain the judgment that PCE is (...) unacceptable: the “Unfairness-Undeservingness Model” and the “Hollowness-Undeservingness Model.” The Unfairness-Undeservingness Model holds that people judge PCE to be unacceptable because they take it to produce unfairness and to undermine the degree to which PCE-users deserve reward. The Hollowness-Undeservingness Model assumes that people judge PCE to be unacceptable because they find achievements realized while using PCE hollow and undeserved. We empirically test both models against each other using a regression-based approach. When trying to predict judgments regarding the unacceptability of PCE using judgments regarding unfairness, hollowness, and undeservingness, we found that unfairness judgments were the only significant predictor of the perceived unacceptability of PCE, explaining about 36% of variance. As neither hollowness nor undeservingness had explanatory power above and beyond unfairness, the Unfairness-Undeservingness Model proved superior to the Hollowness-Undeservingness Model. This finding also has implications for the Unfairness-Undeservingness Model itself: either a more parsimonious single-factor “Fairness Model” should replace the Unfairness-Undeservingness-Model or fairness fully mediates the relationship between undeservingness and unacceptability. Both explanations imply that participants deemed PCE unacceptable because they judged it to be unfair. We conclude that concerns about unfairness play a crucial role in the subjective unacceptability of PCE and discuss the implications of our approach for the further investigation of the psychology of PCE. (shrink)

According to the Substituted Judgment Standard a surrogate decision maker ought to make the decision that the incompetent patient would have made, had he or she been competent. This standard has received a fair amount of criticism, but the objections raised are often wide of the mark. In this article we discuss three objections based on empirical research, and explain why these do not give us reason to abandon the Substituted Judgment Standard.

It is fairly well known that Wittgenstein's criticisms of Russell's multiple‐relation theory of judgement had a devastating effect on the latter's philosophical enterprise. The exact nature of those criticisms however, and the explanation for the severity of their consequences, has been a source of confusion and disagreement amongst both Russell and Wittgenstein scholars. In this paper, I offer an interpretation of those criticisms which shows them to be consonant with Wittgenstein's general critique of Russell's conception of logic and which serves (...) to elucidate some of the notoriously enigmatic passages of the Tractatus. In particular, I seek to show the continuity of Wittgenstein's criticisms of the theory of judgement with his remarks on Russell's paradox and the theory of types. In addition, I place these issues in the context of Russell's own philosophical ambitions in order to reveal the deep divisions between the two over the nature of logical form and the analysis of propositional content. (shrink)

RésuméJe soutiendrai que la façon dont Davidson rend compte de l'intention pure peut être comprise comme une analyse de l'intention comme étant relative à un jugement dans une perspective en première personne. Selon Davidson, avoir la pure intention de faire A, c'est formuler un jugement tout bien considéré qu'il est désirable de faire A. Dans cette analyse anti-réductionniste, l'intention est traitée comme un état irréductible du sujet. J’établirai une comparaison entre cette analyse et celle de Wright et je montrerai comment (...) la position de Davidson peut être considérée comme une analyse non-réductionniste rapportant l'intention au jugement, selon les directions suggérées par Wright. J'expliquerai ensuite comment cette analyse peut aider à éclaircir diverses difficultés qui se présentent dans la conception que Davidson se fait ultérieurement de la signification et du contenu mental. (shrink)

There was a time when moral philosophy -- particularly Christian, and even more particularly Roman Catholic, moral philosophy -- was happily conceived of as a 'science' in which virtually everything could be deduced from a limited number of absolutes. There are moral philosophers who still spend a lifetime doing just this, but their philosophy becomes increasingly inadequate to cope with the new human understandings that have broken in on the world. Absolutist language and ethics can no longer be accepted with (...) the easy assurance they once were. The author discusses the leading moral philosophers of the Anglo-Saxon School, setting out their views clearly and fairly, and criticizing always in a positive and constructive manner. Among those he discusses are A.J. Ayer, Kurt Baier, R.M. Hare, P.H. Nowell-Smith, C.L. Stevenson, Stephen Toulmin and J.O. Urmson. (shrink)

There was a time when moral philosophy -- particularly Christian, and even more particularly Roman Catholic, moral philosophy -- was happily conceived of as a 'science' in which virtually everything could be deduced from a limited number of absolutes. There are moral philosophers who still spend a lifetime doing just this, but their philosophy becomes increasingly inadequate to cope with the new human understandings that have broken in on the world. Absolutist language and ethics can no longer be accepted with (...) the easy assurance they once were. The author discusses the leading moral philosophers of the Anglo-Saxon School, setting out their views clearly and fairly, and criticizing always in a positive and constructive manner. Among those he discusses are A.J. Ayer, Kurt Baier, R.M. Hare, P.H. Nowell-Smith, C.L. Stevenson, Stephen Toulmin and J.O. Urmson. (shrink)

Towards the general goal of generating a normative-empirical dialogue about ethics and justice, the present study explored three issues: (1) the extent to which the normative criteria of ethics and justice prescribed by moral philosophers are indeed reflected in managerial professionals' subjective beliefs of what ethical and just work behaviour ought to be, (2) the relationship between people's ought beliefs and their perceptions of actual ethical and just work behaviour, and (3) the relationship between the notions of ethics and justice. (...) To do so, a review of the normative and positive theories of ethics was carried out which revealed the key normative criteria of ethics (i.e., utility, rights, justice, principle and care) and justice (i.e., due procedure and due outcome). Using both the interview and the repertory grid procedures, key determinants of ethical and just work behaviour as perceived by the managerial professionals were generated. These determinants were used to construct the questionnaires for the assessment of people's subjective ought beliefs, and their is judgements, of ethical and just work behaviour. There were three respondent samples: managerial professionals, general public and university students. Results showed that (1) people's subjective ought beliefs closely reflected the normative standards of ethics and justice, (2) there were significant discrepancies between people's subjective ought beliefs and their perceptions of actual ethical and just work behaviour, (3) individual differences in ought beliefs had some influence on is judgements, (4) both the ought beliefs and is judgements pertaining to the notion of justice could be accounted for by measures of the other four criteria of ethics and in particular, the notion of rights. The implications of the findings for normative theories of ethics and for ethics education are discussed. (shrink)

Decision making is the physician's major activity. Every day, in doctors' offices throughout the world, patients describe their symptoms and com plaints while doctors perform examinations, order tests, and, on the basis of these data, decide what is wrong and what should be done. Although the process may appear routine-even to the physicians in volved-each step in the sequence requires skilled clinical judgment. Physicians must decide: which symptoms are important, whether any laboratory tests should be done, how the various (...) items of clinical data should be combined, and, finally, which of several treatments (including doing nothing) is indicated. Although much of the information used in clinical decision making is objective, the physician's values (a belief that pain relief is more important than potential addiction to pain-killing drugs, for example) and subjectivity are as much a part of the clinical process as the objective findings of laboratory tests. In recent years, both physicians and psychologists have come to realize that patient management decisions are not only subjective but also prob abilistic (although this is not always acknowledged overtly). When doc tors argue that an operation is fairly safe because it has a mortality rate of only 1 %, they are at least implicitly admitting that the outcome of their decision is based on probability. (shrink)

Existing debates on business ethics under-represent consumers’ perspectives. In order to progress understanding of ethical judgement in the marketplace, we unpack the interconnections between consumer ethical judgment, consent and context. We address the question of how consumers judge the morality of threat-based experiential marketing communications. Our interpretive qualitative research shows that consumers can feel positively about being shocked, judging threat appeals as more or less ethical by the nature of the negative emotions they experience. We also determine that the (...) intersection between ethical judgement, consent and context lies where consumers’ perceptions of fairness and consequences lend contextualised normative approval to marketing practice. Our research makes three original contributions to existing literature. First, it extends theory in the area of ethical judgement, by highlighting the importance of consent for eliciting positive moral responses. Second, it adds to embryonic research addressing the role of emotions in ethical judgement, by ascertaining that negative emotions can elicit positive consumer ethical judgement. Third, our research contributes an original concept to ethical judgement theorisation, namely consumer-experienced positive shock. We define CEPS as a consensual shock value judged as ethical due to its ephemerality, commercial resonance, brand alignment, target-audience appropriateness and contextual acceptability. We also extrapolate the dimensions of CEPS into an ethical judgement typology, elucidating how consumers judge some threat-based communications as ethical, but not others. Consequently, our work dovetails with wider business ethics debates on ethical judgement, adding value by clarifying the conditions that generate positive consumer ethical judgement. (shrink)

The performance appraisal process is increasingly seen as a key link between employee behaviour and an organization’s strategic objectives. Unfortunately, performance reviews often fail to change how people work, and dissatisfaction with the appraisal process has been associated with general job dissatisfaction, lower organizational commitment, and increased intentions to quit. Recent research has identified a number of factors related to reactions to performance appraisals in general and appraisal satisfaction in particular. Beyond the appraisal outcome itself, researchers have found that appraisal (...) reactions are affected by perceptions of fairness and the relationship between the supervisor and the employee. To explain the relationships among these factors, the present article proposes a moral cognition perspective. We suggest that employees judge a performance appraisal from the perspective of its moral justifiability, and that appraisal reactions will be determined, at least in part, by the perceived moral justifiability of the process. The proposal was supported by results from a survey of government employees using measures of performance ratings, leader–member exchange, perceived utility, and organizational justice. (shrink)

Political realism criticises the putative abstraction, foundationalism and neglect of the agonistic dimension of political practice in the work of John Rawls. This paper argues that had Rawls not fully specified the implementation of his theory of justice in one particular form of political economy then he would be vulnerable to a realist critique. But he did present such an implementation: a property-owning democracy. An appreciation of Rawls s specificationist method undercuts the realist critique of his conception of justice as (...) fairness. (shrink)