How should scarce healthcare resources be distributed? This is a contentious issue that became especially pressing during the pandemic. It is often emphasised that studies exploring public views about this question provide valuable input to the issue of healthcare priority setting. While there has been a vast number of such studies it is rarely articulated, more specifically, what the results from these studies would mean for the justification of principles for priority setting. On the one hand, it seems unreasonable that (...) public values would straightforwardly decide the ethical question of how resources should be distributed. On the other hand, in a democratic society, it seems equally unreasonable that they would be considered irrelevant for this question. In this paper we draw on the notion of reflective equilibrium and discuss the relevance and roles that empirical studies may plausibly have for justification in priority setting ethics. We develop a framework for analysing how different kinds of empirical results may have different kinds of implications for justification. (shrink)

ABSTRACT:This article provides a normative justification for unions. It discusses three arguments. The argument from consent justifies unions in some circumstances, but if the employer prefers to not bargain with unions, it may provide very little justification. The argument from contestability takes as its starting point the fact that employment contracts are incomplete contracts, where authority takes the place of complete contractual terms. This theory of contracts implies that consent to authority has been given under ignorance, and, therefore, that authority (...) cannot be justified by consent. Contestability is a mechanism that can handle this problem for consent theory. It demands transparency, channels for voice, and a forum where contestations can be evaluated. This idea can be implemented in firms in different ways, but the argument from the separation of powers implies that unions are uniquely suited to implement contestability, since they are organized outside of the employer’s domain of authority. (shrink)

The ethical debate on whistleblowing concerns centrally the conflict between the right to political free speech and the duty of loyalty to the organization where one works. This is the moral dilemma of whistleblowing. Political free speech is justified because it is a central part of liberal democracy, whereas loyalty can be motivated as a way of showing consideration for one’s associates. The political philosophy of John Rawls is applied to this dilemma, and it is shown that the requirement of (...) loyalty, in the sense that is needed to create the moral dilemma of whistleblowing, is inconsistent with that theory. In this sense, there is no moral dilemma of whistleblowing. This position has been labelled extreme in that it says that whistleblowing is always morally permitted. In a discussion and rejection of Richard De George’s criteria on permissible whistleblowing, it is pointed out that the mere rejection of loyalty will not lead to an extreme position; harms can still be taken into account. Furthermore, it is argued that the best way is, in this as in most other political circumstances, to weigh harms is provided by the free speech argument from democracy. (shrink)

This article outlines the structure of a Rawlsian theory of justice in the employment relationship. A focus on this theory is motivated by the role it plays in debates in business ethics. The Rawlsian theory answers three central questions about justice and the workplace. What is the relationship between social justice and justice at work? How should we conceive of the problem of justice in the economic sphere? And, what is justice in the workplace? To see fully what demands justice (...) makes on the workplace, we should first spell out the implications that domestic justice has for working conditions. When this is done, we can develop a conception of workplace justice and investigate what content such local justice should have. John Rawls’s political liberalism was constructed for the specific problem of a just basic structure; in order to apply it to another problem the key theoretical concepts must be revised. Reasons for a specific construction of a local original position are given and arguments are presented in support of a principle of local justice, which takes the form of a choice egalitarian local difference principle. (shrink)

Standard tools used in societal risk management such as probabilistic risk analysis or cost–benefit analysis typically define risks in terms of only probabilities and consequences and assume a utilitarian approach to ethics that aims to maximize expected utility. The philosopher Carl F. Cranor has argued against this view by devising a list of plausible aspects of the acceptability of risks that points towards a non-consequentialist ethical theory of societal risk management. This paper revisits Cranor’s list to argue that the alternative (...) ethical theory responsibility-catering prioritarianism can accommodate the aspects identified by Cranor and that the elements in the list can be used to inform the details of how to view risks within this theory. An approach towards operationalizing the theory is proposed based on a prioritarian social welfare function that operates on responsibility-adjusted utilities. A responsibility-catering prioritarian ethical approach towards managing risks is a promising alternative to standard tools such as cost–benefit analysis. (shrink)

This article presents the promising framework for educational decision makers developed by Brighouse, Ladd, Loeb, and Swift. The framework consists of an account of the educational goods, distributional principles and independent values at stake in education, and a method for making policy decisions on the basis of these and solid social science. I present three criticisms of this approach. The first says that the derivation of educational goods proceeds on the basis of a too narrow conception of values. I suggest (...) that this foundation should consist of an overlapping consensus, rather than flourishing. The second criticism has to do with the way that the distributive principles are characterized. I argue that BLLS’s characterization of distributive principles should be complemented with accounts of what domains of social life these principles regulate and a specification of whether the distributive principles should be understood as applying over time or at specific instances. The final criticism is that BLLS’s conception of independent values focuses solely on values that constrain the pursuit of educational goods. I claim that this part of the framework should be revised to include aspects of values that also support this pursuit. I conclude arguing that the BLLS frameworks should be further developed rather than rejected. (shrink)

Richard Arneson argues that Fair Equality of Opportunity should be rejected, since it is not only too weak and too strong, but also problematically meritocratic. The paper aims to defend FEO, and argues that it is not too weak, since, pace Arneson, it does apply to the problem of stunted ambition. The argument from meritocracy is shown to be based on a conflation of different senses of meritocracy. Finally, it is shown that FEO, correctly interpreted, gives intuitive answers to the (...) examples put forward to bolster the too strong charge. It is concluded that Arneson’s refutation of FEO fails. (shrink)

Children of prisoners are often negatively affected by their parents’ incarceration, which raises issues of justice. A common view is that the many negative effects associated with parental imprisonment are unjust, simply because children of prisoners are impermissibly harmed or unjustly punished by their parents’ incarceration. We argue that proposals of this kind have problems with accounting for cases where it is intuitive that prison might create social injustices for children of prisoners. Therefore, we suggest that in addition to the (...) question of whether children of prisoners are impermissibly harmed, we should ask whether the inequalities that these children endure because of their parent’s incarceration are objectionable from a social justice perspective. To answer this latter question, we examine the negative effects associated with parental imprisonment from the perspective of luck egalitarianism. We develop a luck egalitarian account that incorporates insights from the philosophy of childhood. On our account, children of prisoners might endure two different types of objectionable inequalities, since they are often deprived of resources that are important for ensuring fair equality of opportunity in adulthood, but also because they are likely to suffer inequalities in terms of childhood welfare. After defending this account, we explore its implications for policy. (shrink)

Standard tools used in societal risk management such as probabilistic risk analysis or cost–benefit analysis typically define risks in terms of only probabilities and consequences and assume a utilitarian approach to ethics that aims to maximize expected utility. The philosopher Carl F. Cranor has argued against this view by devising a list of plausible aspects of the acceptability of risks that points towards a non-consequentialist ethical theory of societal risk management. This paper revisits Cranor’s list to argue that the alternative (...) ethical theory responsibility-catering prioritarianism can accommodate the aspects identified by Cranor and that the elements in the list can be used to inform the details of how to view risks within this theory. An approach towards operationalizing the theory is proposed based on a prioritarian social welfare function that operates on responsibility-adjusted utilities. A responsibility-catering prioritarian ethical approach towards managing risks is a promising alternative to standard tools such as cost–benefit analysis. (shrink)

1. This paper concerns equality of education. It takes as its starting point that the state, through the system of education, can act in ways that cause injustice between children, if it brings abo...

Workplace inspections are undertaken because they are believed to lead to better conditions In the workplace. It is therefore essential to know if inspections have the desired effects on working conditions. We introduce a theoretical framework for the evaluation of workplace inspections with respect to their effects on working conditions. Criteria of efficiency and priority-setting are discussed. Some empirical results concerning priority-setting in Swedish inspection agencies are presented. Further, we argue that in order to obtain reliable information about the effects (...) of different inspection methods, it is necessary to perform controlled comparative studies in which different methods are used in different workplaces. Given the facility with which such studies can be performed, it is surprising how few such studies have been made. We conclude by surveying some empirical studies that concern the issue of efficient inspections. (shrink)

Ronald Dworkin's theory of equality of resources makes extensive use of markets. I show that all these markets rely on one specific neoclassical conception of the ideal market in full equilibrium, as analyzed by Debreu. This market must be understood as operating under circumstances of certainty, and this is incompatible with several components of Dworkin's account. In particular, it does not allow one to hold people responsible for their option luck, and it implies a high social safety net rather than (...) insurance schemes for addressing brute luck. I conclude by outlining an interpretation of equality of resources that takes the ideal market seriously. (shrink)

This article presents a normative epistemological argument for unions, developed from libertarian premises. According to Friedman, the state should set up rules for the market, whereas managers should focus on profits. On this view, business ethics can be handled by regulations, but Hayek’s theory of the market indicates that this position is problematic, since it relies on the state being able to collect the relevant ethical information. Hayek argued that a market system is more efficient than planned economies, since it (...) handles information more efficiently. However, there is also reason to doubt that markets can provide the needed information. The price mechanism carries information solely about preferences, but ethics also concerns rights, voluntariness and needs. Moreover, Coase showed that inside firms there are no Hayekian price mechanisms. Firms are characterized by hierarchy, which means that both employers and employees may have incentives to not be forthcoming with information relevant information. The moral epistemology of Anderson, with an important role for civil society, is used to identify solutions to these informational problems. As a part of civil society, unions complement the market as a source of ethical information, and inside the firm they balance power and provide an avenue for voice. (shrink)

Some libertarians argue that informed consent alone makes transactions in the labour market morally justified. In contrast, some of their critics claim that such an act of consent is no guarantee against coercion. To know whether agreements are voluntary, we need to assess the quality of the offers or the prevailing background conditions. ISCT theorists argue that it is imperative to take social norms into account when evaluating the labour market. We present a novel framework for moral assessment in the (...) labour market, which takes consent, background conditions and norms into account, but which mainly focuses on the offers and demands made. Consent renders a transaction legitimate in the same way we regard a fair election legitimate even if we object to its outcome. For offers to be substantially justified, exploitation must be avoided and offers must give expression to the value of community. Only then they are morally justified. (shrink)