Results for 'principle of fairness'

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  1.  44
    Research Ethics and the Principle of Justice as Fairness – a Restatement.Giovanni Maio - 2003 - Theoretical Medicine and Bioethics 24 (5):395-406.
    In my recent article, I addressed the question of whether a potential categorical exclusion of decisionally impaired patients from non-therapeutic medical research would be inaccordance with the Principle of Justice as Fairness. I came to the conclusion that a categorical exclusion of decisionally impaired persons from relevant research projects may collide with Rawls’s understanding of Justice as Fairness. Derek Bell has criticized my paper by denying that it is legitimate to apply Rawls to this bioethical problem. In (...)
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  2.  95
    Stakeholder Theory and A Principle of Fairness.Robert A. Phillips - 1997 - Business Ethics Quarterly 7 (1):51-66.
    Stakeholder theory has become a central issue in the literature on business ethics / business and society. There are, however, a number of problems with stakeholder theory as currently understood. Among these are: 1) the lack of a coherent justificatory framework, 2) the problem of adjudicating between stakeholders, and 3) the problem of stakeholder identification. In this essay, I propose that a possible source of obligations to stakeholders is the principle of fairness (or fair play) as discussed in (...)
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  3.  45
    The Principle of Fairness, Political Duties, and the Benefits Proviso Mistake.Daniel Koltonski - 2014 - New Content is Available for Journal of Moral Philosophy (3):265-293.
    _ Source: _Page Count 29 Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of (...)
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  4.  10
    The Principle of Fairness, Political Duties, and the Benefits Proviso Mistake.Daniel Koltonski - 2016 - Journal of Moral Philosophy 13 (3):265-293.
    _ Source: _Volume 13, Issue 3, pp 265 - 293 Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue (...)
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  5.  66
    'Fair Benefits' Accounts of Exploitation Require a Normative Principle of Fairness: Response to Gbadegesin and Wendler, and Emanuel Et Al.Angela Ballantyne - 2008 - Bioethics 22 (4):239–244.
    In 2004 Emanuel et al. published an influential account of exploitation in international research, which has become known as the 'fair benefits account'. In this paper I argue that the thin definition of fairness presented by Emanuel et al, and subsequently endorsed by Gbadegesin and Wendler, does not provide a notion of fairness that is adequately robust to support a fair benefits account of exploitation. The authors present a procedural notion of fairness – the fair distribution of (...)
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  6.  73
    The Principle of Fairness and Political Obligation.George Klosko - 1987 - Ethics 97 (2):353-362.
    In this now-classic work, he clearly and systematically formulates what others thought impossible_a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.
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  7.  8
    The Principle of Fairness and Political Obligation.George Klosko - 2004 - Rowman & Littlefield Publishers.
    In this now-classic work, he clearly and systematically formulates what others thought impossible_a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.
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  8. The Principle of Fairness and States’ Duty to Obey International Law.David Lefkowitz - 2011 - Canadian Journal of Law and Jurisprudence 24 (2):327-346.
    I employ the principle of fairness to argue that many existing states have a moral duty to obey international law simply in virtue of its status as law. On this voluntarist interpretation of the principle of fairness, agents must accept the benefits of a cooperative scheme in order to acquire an obligation to contribute to that scheme’s operation. I contend that states can accept the benefits international law provides, and that only if they do so do (...)
     
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  9.  2
    The Principle of Fairness and Political Obligation.George Klosko - 2003 - Rowman & Littlefield Publishers.
    In this now-classic work, he clearly and systematically formulates what others thought impossible_a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.
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  10.  8
    The Principle of Fairness and Political Obligation.George Klosko - 1991 - Rowman & Littlefield Publishers.
    In this now-classic work, he clearly and systematically formulates what others thought impossible_a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.
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  11. The Principle of Fairness.Vincent Maphai - 1987 - South African Journal of Philosophy 6 (3):73-80.
     
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  12.  97
    The Principle of Fairness and Free-Rider Problems.Richard J. Arneson - 1982 - Ethics 92 (4):616-633.
    This article references the following linked citations. If you are trying to access articles from an off-campus location, you may be required to first logon via your library web site to access JSTOR. Please visit your library's website or contact a librarian to learn about options for remote access to JSTOR.
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  13.  37
    Benefits, Intentions, and the Principle of Fairness.Idil Boran - 2006 - Canadian Journal of Philosophy 36 (1):95-115.
  14.  25
    Organ Transplants and the Principle of Fairness.Albert R. Jonsen - 1985 - Journal of Law, Medicine & Ethics 13 (1):37-39.
  15.  17
    The Hart-Rawls Principle of Fairness Amended.Christopher Morris - 1983 - Journal of Social Philosophy 14 (1):18-20.
  16.  1
    Presumption of Innocence Versus a Principle of Fairness. Ulväng - 2013 - Netherlands Journal of Legal Philosophy 42 (3):205-224.
  17. Benefits, Intentions, and the Principle of Fairness.Idil Boran - 2006 - Canadian Journal of Philosophy 36 (1):95-115.
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  18. Organ Transplants and the Principle of Fairness.Albert R. Jonsen - 1985 - Journal of Law, Medicine and Ethics 13 (1):37-39.
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  19.  26
    Environmentalism, Procreation, and the Principle of Fairness.Paula Casal - 1999 - Public Affairs Quarterly 13 (4):363-376.
  20. Global Linguistic Diversity, Public Goods, and the Principle of Fairness.Idil Boran - 2003 - In Will Kymlicka & Alan Patten (eds.), Language Rights and Political Theory. Oxford University Press. pp. 189--209.
  21.  38
    Nozick and the Principle of Fairness.Nora K. Bell - 1978 - Social Theory and Practice 5 (1):65-73.
  22.  9
    Two Problems with Deriving a Duty to Obey the Law From the Principle of Fairness.Patrick Durning - 2003 - Public Affairs Quarterly 17 (4):253-264.
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  23.  8
    The Principle of Fairness and Political Obligation.Michael Lessnoff - 2005 - Contemporary Political Theory 4 (2):220-223.
  24.  9
    The Principle of Fairness and Political Obligation.Leslie Green - 1994 - Ethics 104 (2):392-394.
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  25.  8
    George Klosko, The Principle of Fairness and Political Obligation, 2d Ed. With a New Introduction:The Principle of Fairness and Political Obligation.Andrew Rehfeld - 2005 - Ethics 115 (2):418-422.
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  26.  5
    Book Review:The Principle of Fairness and Political Obligation. George Klosko. [REVIEW]Leslie Green - 1994 - Ethics 104 (2):392-.
  27. George Klosko, The Principle of Fairness and Political Obligation Reviewed By.Katherine Fierlbeck - 1993 - Philosophy in Review 13 (3):102-104.
     
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  28. The Principle of Fairness and Political Obligation.Klosko George - 1994 - Ethics 104 (2):392-394.
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  29. Consent and the Principle of Fairness.Calvin G. Normore - 2010 - In Christi Favor, Gerald F. Gaus & Julian Lamont (eds.), Essays on Philosophy, Politics & Economics: Integration & Common Research Projects. Stanford Economics and Finance.
     
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  30.  19
    Rawls's Principle of Justice as Fairness and Its Application to the Issue of Same-Sex Marriage.John Scott Gray - 2004 - South African Journal of Philosophy 23 (2):158-170.
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  31.  42
    Fairness Motivation in Bargaining: A Matter of Principle[REVIEW]Sigbjørn Birkeland & Bertil Tungodden - 2014 - Theory and Decision 77 (1):125-151.
  32.  14
    Criminal and Procedural Fairness: Some Challenges to the Presumption of Innocence. [REVIEW]Magnus Ulväng - 2014 - Criminal Law and Philosophy 8 (2):469-484.
    The presumption of innocence (POI) requires all judges, juries, and other officials in a trial, to presume and treat any accused of criminal wrongdoing as innocent, until he or she is proven guilty. Although a POI lacks an authoritative definition, this overarching principle of procedural fairness is so robust and vital for the exercise of legal power in matters of criminal law that one rarely finds anyone questioning its standing. In this article I examine the rationale behind the (...)
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  33. Reconstructing Rawls: The Kantian Foundations of Justice as Fairness.Robert S. Taylor - 2011 - Pennsylvania State University Press.
    With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the (...)
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  34.  37
    Acceptance, Fairness, and Political Obligation.Edward Song - 2012 - Legal Theory 18 (2):209-229.
    Among the most popular strategies for justifying political obligations are those that appeal to the principle of fairness. These theories face the challenge, canonically articulated by Robert Nozick, of explaining how it is that persons are obligated to schemes when they receive goods that they do not ask for but cannot reject. John Simmons offers one defense of the principle of fairness, arguing that people could be bound by obligations of fairness if they voluntarily accept (...)
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  35.  29
    Right, Equality, and the Fairness Obligation.Dong-il Kim - 2013 - Philosophia 41 (3):795-807.
    The principle of fairness holds that individuals (beneficiaries) who benefit from a cooperative scheme of others (cooperators) have an obligation to do their share in return for their benefit. The original proponent of this principle, H. L. A. Hart suggests ‘mutuality of restrictions’ as a moral basis because it is fair to mutually restrict the freedom of both beneficiaries and cooperators; so called the fairness obligation. This paper explores ‘mutuality of restrictions’, which is interpreted as a (...)
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  36.  28
    From the Ideal Market to the Ideal Clinic: Constructing a Normative Standard of Fairness for Human Subjects Research.T. Phillips - 2011 - Journal of Medicine and Philosophy 36 (1):79-106.
    Preventing exploitation in human subjects research requires a benchmark of fairness against which to judge the distribution of the benefits and burdens of a trial. This paper proposes the ideal market and its fair market price as a criterion of fairness. The ideal market approach is not new to discussions about exploitation, so this paper reviews Wertheimer's inchoate presentation of the ideal market as a principle of fairness, attempt of Emanuel and colleagues to apply the ideal (...)
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  37.  35
    Political Resistance: A Matter of Fairness.Candice Delmas - 2014 - Law and Philosophy 33 (4):465-488.
    In this paper, I argue that the principle of fairness can license both a duty of fair play, which is used to ground a moral duty to obey the law in just or nearly just societies, and a duty of resistance to unfair and unjust social schemes. The first part of the paper analyzes fairness’ demands on participants in mutually beneficial schemes of coordination, and its implications in the face of injustice. Not only fairness does not (...)
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  38.  42
    Responsibility, Rational Abilities, and Two Kinds of Fairness Arguments.Dana Kay Nelkin - 2009 - Philosophical Explorations 12 (2):151 – 165.
    In this paper, I begin by considering a traditional argument according to which it would be unfair to impose sanctions on people for performing actions when they could not do otherwise, and thus that no one who lacks the ability to do otherwise is responsible or blameworthy for his or her actions in an important sense. Interestingly, a parallel argument concluding that people are not responsible or praiseworthy if they lack the ability to do otherwise is not as compelling. Watson, (...)
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  39. The Possibility of a Fair Play Account of Legitimacy.Justin Tosi - 2017 - Ratio 30 (1):88-99.
    The philosophical literature on state legitimacy has recently seen a significant conceptual revision. Several philosophers have argued that the state's right to rule is better characterized not as a claim right to obedience, but as a power right. There have been few attempts to show that traditional justifications for the claim right might also be used to justify a power right, and there have been no such attempts involving the principle of fair play, which is widely regarded as the (...)
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  40.  17
    Rethinking the Principle of Fair Play.Justin Tosi - forthcoming - Pacific Philosophical Quarterly.
    The principle of fair play is widely thought to require simply that costs and benefits be distributed fairly. This gloss on the principle, while not entirely inaccurate, has invited a host of popular objections based on misunderstandings about fair play. Central to many of these objections is a failure to treat the principle of fair play as a transactional principle—one that allocates special obligations and rights among persons as a result of their interactions. I offer an (...)
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  41.  30
    Climate Change and Free Riding.Steve Vanderheiden - 2014 - Journal of Moral Philosophy 11 (4):1-27.
    Does the receipt of benefits from some common resource create an obligation to contribute toward its maintenance? If so, what is the basis of this obligation? I consider whether individual contributions to climate change can be impugned as wrongful free riding upon the stability of the planet's climate system, when persons enjoy its benefits but refuse to bear their share of its maintenance costs. Two main arguments will be advanced: the first urges further modification of H.L.A. Hart’s “principle of (...)
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  42.  49
    Playing Fair and Following the Rules.Justin Tosi - 2017 - Journal of Moral Philosophy 14 (2):134-141.
    In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to (...)
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  43.  16
    A Third Principle of Justice.Burleight T. Wilkins - 1997 - Journal of Ethics 1 (4):355-374.
    In this paper I argue that in order to secure the commitment of believers in reasonable comprehensive doctrines to political liberalism a third principle of justice needs to be adopted in the Original Position. Rawls acknowledges that neutral legislation by the liberal state may negatively affect some reasonable comprehensive doctrines, and I offer a third principle of justice to help alleviate this problem. This principle, which I believe is in keeping with the United States constitutional history especially (...)
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  44.  1
    On the Fairness of the Multilateral Trading System.Clara Brandi - 2014 - Moral Philosophy and Politics 1 (2):227-247.
    Three perspectives on international trade are present in current debates. From the first perspective, trade is regarded as a set of individual transactions among consenting parties and considerations of fairness and justice barely feature, if at all. The second perspective underlines the importance of background structures for trade, maintained by states, which gives rise considerations of fairness and justice. One prominent version of this perspective, for example as defended by Aaron James, views all trading states as having in (...)
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  45.  26
    On the Axiomatics of Resource Allocation: Interpreting the Consistency Principle.William Thomson - 2012 - Economics and Philosophy 28 (3):385-421.
    An allocation rule is ‘consistent’ if the recommendation it makes for each problem ‘agrees’ with the recommendation it makes for each associated reduced problem, obtained by imagining some agents leaving with their assignments. Some authors have described the consistency principle as a ‘fairness principle’. Others have written that it is not about fairness, that it should be seen as an ‘operational principle’. We dispute the particular fairness interpretations that have been offered for consistency, but (...)
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  46.  71
    A Hobbesian Derivation of the Principle of Universalization.Michael Moehler - 2012 - Philosophical Studies 158 (1):83-107.
    In this article, I derive a weak version of Kant's categorical imperative within an informal game-theoretic framework. More specifically, I argue that Hobbesian agents would choose what I call the weak principle of universalization, if they had to decide on a rule of conflict resolution in an idealized but empirically defensible hypothetical decision situation. The discussion clarifies (i) the rationality requirements imposed on agents, (ii) the empirical conditions assumed to warrant the conclusion, and (iii) the political institutions that are (...)
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  47.  10
    Metaphysics of the Principle of Least Action.Vladislav Terekhovich - forthcoming - Studies in History and Philosophy of Science Part B: Studies in History and Philosophy of Modern Physics.
    Despite the importance of the variational principles of physics, there have been relatively few attempts to consider them for a realistic framework. In addition to the old teleological question, this paper continues the recent discussion regarding the modal involvement of the principle of least action and its relations with the Humean view of the laws of nature. The reality of possible paths in the principle of least action is examined from the perspectives of the contemporary metaphysics of modality (...)
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  48.  30
    Exploring the Principle of Subsidiarity in Organisational Forms.Domènec Melé - 2005 - Journal of Business Ethics 60 (3):293-305.
    The paper starts with a case study of a medium-sized company in which a strong and successful change in the organisational form and job design took place. A bureaucratic organisation with highly-specialised jobs was converted into a new organisation in which employees became much more autonomous in managing their own work. This not only entailed new techniques and managerial systems but also a new anthropological vision. Bureaucratic rules were reduced, but not eliminated completely, and management became less authoritarian. Employees could (...)
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  49. Fairness, Political Obligation, and the Justificatory Gap.Jiafeng Zhu - 2014 - Journal of Moral Philosophy (4):1-23.
    The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of (...)
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  50.  14
    Martin Heidegger’s Principle of Identity: On Belonging and Ereignis.Dominic Griffiths - 2017 - South African Journal of Philosophy 36 (3):326-336.
    This article discusses Heidegger’s interpretation of Parmenides given in his last public lecture ‘The Principle of Identity’ in 1957. The aim of the piece is to illustrate just how original and significant Heidegger’s reading of Parmenides and the principle of identity is, within the history of Philosophy. Thus the article will examine the traditional metaphysical interpretation of Parmenides and consider G.W.F. Hegel and William James’ account of the principle of identity in light of this. It will then (...)
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