Need-based justice is an important ingredient for a pluralistic theory of justice. But how can need-based justice be measured? I will argue that need-based justice cannot be measured by measuring need-satisfaction. This is because need-based justice does not only depend on need-satisfaction, but also on opportunities to avoid or at least mitigate undersupply. Depending on these opportunities, one and the same degree of undersupply can be (...) unjust to different degrees. In this article, I establish a number of desiderata that a measure of need-based justice has to comply with. Resulting measures treat avoidable undersupply as the main source of injustice. (shrink)

Need considerations play an important role in empirically informed theories of distributive justice. We propose a concept of need-based justice that is related to social participation and provide an ethical measurement of need-based justice. The β-ε-index satisfies the need-principle, monotonicity, sensitivity, transfer and several »technical« axioms. A numerical example is given.

Measures of need-based justice that have been proposed lately rely on a single dimension of need that is taken into account. This is shown to be problematic since humans experience different kinds of need that appear to be incommensurable.

In attempts to compare different distributions with regards to need, so-called “measures of need-based distributive justice” have emerged in recent years. Each of the proposed measures relies on a single dimension of need that is taken into account. This is shown to be problematic since humans experience different kinds of need that appear to be incommensurable. A strategy to deal with this problem is introduced by using multidimensional measures.

The formal part of this chapter is concerned with measures of need-based justice. According to the measures we propose, a distribution is unjust (i) the more it deviates from absolute need satisfaction and equal degrees of need satisfaction, (ii) the more the given undersupply could have been mitigated by transfers, or (iii) the more resources are used for oversupply instead of need satisfaction. These measures are compared, i.e., as to the satisfaction of need-oriented (...) relatives of axioms prominent in poverty measurement; and we have a critical eye on the proposals of Jasso and Miller. The empirical part reports on three vignette studies conducted to find out how people evaluate the justice of given distributions and how they distribute goods when aiming at justice. The main goal was to measure the significance ascribed to need. This significance was compared with the significance ascribed to effort or equality; and it was shown that a need’s influence decreases when the corresponding person is accountable for having a higher amount of it. In the third study, we found out that needs that are not directed at bare survival, such as the need for participation in social life, are attributed lower degrees of importance. The chapter concludes with some implications of our research for a theory of need-based justice. (shrink)

Distributive justice deals with allocations of goods and bads within a group. Different principles and results of distributions are seen as possible ideals. Often those normative approaches are solely framed verbally, which complicates the application to different concrete distribution situations that are supposed to be evaluated in regard to justice. One possibility in order to frame this precisely and to allow for a fine-grained evaluation of justice lies in formal modelling of these ideals by metrics. Choosing a (...) metric that is supposed to map a certain ideal has to be justified. Such justification might be given by demanding specific substantiated axioms, which have to be met by a metric. This paper introduces such axioms for metrics of distributive justice shown by the example of needs-based justice. Furthermore, some exemplary metrics of needs-based justice and a three dimensional method for visualisation of non-comparative justice axioms or evaluations are presented. Therewith, a base worth discussing for the evaluation and modelling of metrics of distributive justice is given. (shrink)

This book develops an empirically informed normative theory of need-based justice, summarizing core findings of the DFG research group FOR2104 “Need-based Justice and Distributive Procedures”. In eleven chapters scholars from the fields of economics, political science, philosophy, psychology, and sociology cover the identification and rationale of needs, the recognition and legitimacy of needs, the dynamics and stability of procedures of distributions according to needs, and the consequences and sustainability of need-based distributions. These (...) four areas are studied from the perspective of two mechanisms of need objectification, the social objectification by the discursive generation of mutual understanding (transparency) and the factual objectification by the transfer of decisions to uninvolved experts (expertise). The volume addresses academics in the fields of justice research, ethics, political theory, social choice and welfare, framing, individual and group decision making, inequality and redistribution, as well as advanced students in the contributing disciplines. (shrink)

Fragile states have been raising increasing concern among donors since the mid-2000s. The policies of the Global Fund to fight HIV/AIDS, Malaria, and Tuberculosis have not excluded fragile states, and this source has provided financing for these countries according to standardized procedures. They represent interesting cases for exploring the meaning and role of measurement in a globalized context. Measurement in the field of HIV/AIDS and its treatment has given rise to a private outsourcing of expertise and auditing, thereby (...) creating a new form of value based on the social process of registration and the creation of realities produced by the intervention itself. These “scriptural economies” must be questioned in terms of the production of knowledge, but also in terms of social justice. Governing HIV/AIDS treatments by numbers in a fragile state is explored in this article through the experience of the Central African Republic in terms of epidemiology and access to antiretroviral drugs. The unexpected effects of performance-based programs in this context underline the need for global health governance to be re-embedded into a social justice framework. (shrink)

In recent years an increasing number of political philosophers have begun to ground their arguments in empirical evidence. I investigate this novel approach by way of example. The object of my case study is David Miller’s renewed empirical argument for a needs-based principle of justice. First, I introduce Miller’s argument. Then I raise four worries about the application of his methodology that give rise to corresponding general recommendations for how to do empirical political philosophy. Proponents of this approach (...) should take care to (1) check for inappropriately narrow (and broad) samples, (2) verify studies’ relevance for their empirical hypotheses, (3) adjust their confidence to the available empirical evidence, and (4) properly integrate their hypotheses into their philosophical theorizing. (shrink)

This article investigates one of the major problems of modern political philosophy – the problem of justice in its fundamentally important methodological measurement in the Context of Ukraine. It’s consistently shown that justice belongs to a prominent place among the moral and social values: particularly its people owe to each other, because it is the scale, which measured freedom, equality and human rights.For this purpose it is analyzed the relationship and difference of methodological changes in grasping the (...) concept of justice in the works of K-O-Apel, J.Habermas, O.Höffe, R.Forst. It was found that Habermas interprets a new essence of solidarity and justice as normative principles of a democratic state where the requirement of respect for the dignity of each based on the acceptance of the inviolability of his body, life and property. It is proved that O.Höffe draws attention to the need of fundamental changes in the understanding of social justice, emphasizing the pre-modern, paternalistic sense of distributive models. Іn the writings of R.Frost social justice gain a political dimension, just as political or social relationship can exist only in case of their full justification, respect for human dignity. In the latest theories of justice is said that the victim of injustice is firstly the one who is ignored both in the process of manufacturing and distribution of public goods. To conclude: only the justice of exchange permits us to solve the immediate, practical dilemma: should one hand over a part of one’s freedom to social, state, authoritative structures, or be independent of them and be unable to resort to their assistance in case of emergency. People, perforce, mutually abandon part of their freedom as legal agents in order to enjoy their right for freedom. If this abandonment is universal, such exchange may be considered just. By insisting that everything individual is also social because it requires and is embedded into social context, R.Forst presents intersubjectivity as a fundamental dimension of human existence that shows itself in our ability to self-determination, i.e. freedom, but within the limits of human community. Also his point is that our obligations are no less rooted in our existence than our rights, and law has no priority over good and depends on moral good as a defining factor of justice. (shrink)

Education in democratic South Africa has been saddled with the extraordinary task of sanitising a once dehumanising and splintered education system into a singular narrative of social justice and creative, problem-solving individuals. This extraordinary effort has witnessed a pendulum swing from the openness of outcomes-based education, to a less flexible National Curriculum Statement, and recently, to what has been criticised as a too restrictive Curriculum Assessment Policy Statement. In its narrow focus on ‘assessment for learning’, CAPS appears to (...) be trapped in a particular understanding of teaching and learning that can be understood only in terms of measurement, thereby discounting education as happening outside that which can be measured. In this article, I contend, firstly, that while education is not averse to measurement, it cannot be allowed to dominate the educative process. Instead, it is possible to reconcile measurement, as expressed through a ‘language of needs’ with a language of ‘coming into presence’, which recognises that learners enter the education arena with their own ideas of what is known and yet to be known. Secondly, I argue, that if a post-apartheid education system hopes to re-humanise its citizens and society, then this will only be possible through cultivating a curriculum, which is understood as a process of socially just encounters—one which is always in becoming, and therefore not necessarily measurable. (shrink)

From the day on which humans are born they need things. Some of these needs seem “basic,” such as our needs for food, water or shelter. Everybody has these needs. We cannot escape them. We also cannot escape the serious harm that arises when these needs remain unsatisfied. It is thus no wonder that in thinking about what we ought to do some researchers have suggested to first and foremost focus on people's basic needs. Such need‐based theories (...) must answer three main questions: What are basic needs? What are their implications for normative questions? And how can these needs and their satisfaction be measured? Proponents must also defend these theories against objections, such as against the objections that the theories are paternalistic, materialistic, and passivity‐promoting. Depending on their goals and contexts (distributive justice, sustainable development, human rights, etc.), appeals to basic needs may take various different forms. (shrink)

Shaping off-job life is becoming increasingly important for workers to increase and maintain their optimal functioning. Proactively shaping the job domain has been extensively studied, but crafting in the off-job domain has received markedly less research attention. Based on the Integrative Needs Model of Crafting, needs-based off-job crafting is defined as workers’ proactive and self-initiated changes in their off-job lives, which target psychological needs satisfaction. Off-job crafting is posited as a possible means for workers to fulfill their needs (...) and enhance well-being and performance over time. We developed a new scale to measure off-job crafting and examined its relationships to optimal functioning in different work contexts in different regions around the world. Furthermore, we examined the criterion, convergent, incremental, discriminant, and structural validity evidence of the Needs-based Off-job Crafting Scale using multiple methods. The results showed that off-job crafting was related to optimal functioning over time, especially in the off-job domain but also in the job domain. Moreover, the novel off-job crafting scale had good convergent and discriminant validity, internal consistency, and test–retest reliability. To conclude, our series of studies in various countries show that off-job crafting can enhance optimal functioning in different life domains and support people in performing their duties sustainably. Therefore, shaping off-job life may be beneficial in an intensified and continually changing and challenging working life. (shrink)

The article presents an original needs-based partial theory of human injustice and shows its relationship to existing theories of human need and human liberation. The theory is based on an original typology of three social structural sources of human injustice, a partial theorization of the mechanisms of human injustice, and a needs-based theorization of the nature of human injustice, as experienced by individuals. The article makes a sociological contribution to normative social theory by clarifying the relationship (...) of human injustice to human needs, human rights, and human liberation. The theory contends that human injustice is produced when oppression, mechanistic dehumanization, and exploitation create systematic inequality in opportunities to address human needs, leading to wrongful need deprivation and the resulting serious harm. In one longer sentence, this needs-based partial theory of the sources, mechanisms, and nature of human injustice contends that three distinct social systemic sources—oppression, mechanistic dehumanization, and exploitation—produce unique and/or overlapping social mechanisms, which create systematic inequality in opportunities to address universal human needs in culturally specific ways, thus producing the nature of the human injustice theorized here: wrongfully unmet needs and serious harm. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Moral Dynamics of Economic Life: An Extension and Critique of Caritas in Veritate ed. by Daniel K. Finn, and: Rethinking Poverty: Income, Assets, and the Catholic Social Justice Tradition by James P. BaileyBrian HamiltonReview of The Moral Dynamics of Economic Life: An Extension and Critique of Caritas in Veritate EDITED BY DANIEL K. FINN New York: Oxford University Press, 2012. 166 pp. $85.35Review of Rethinking Poverty: (...) Income, Assets, and the Catholic Social Justice Tradition JAMES P. BAILEY Notre Dame, IN: University of Notre Dame Press, 2010. 176 pp. $30.00The academic study of Catholic social teaching has flowered in recent years. The moral vision elaborated over a century of official Catholic documents on social and political issues has proven attractive to a wide variety of scholars, providing a point of reference for interdisciplinary conversation. By bringing that vision into conversation with their respective disciplines, such scholars have gone a long way toward addressing one of the most common complaints about Catholic social teaching: that its proposals are too general and abstract. Two recent books, both working at the intersection of theology and economics, are a case in point.The Moral Dynamics of Economic Life, edited by Daniel Finn, synthesizes a conversation held in Rome in 2010 under the aegis of the Institute of Advanced Catholic Studies and the Pontifical Council for Justice and Peace. Theologians, philosophers, public policy experts, lawyers, businesspeople, and Church leaders gathered to discuss the significance of Benedict XVI’s social encyclical, Caritas in veritate, for the US context. Rather than simply reprinting the papers they discussed, the participants’ contributions were split up and reorganized along thematic lines. There are eleven chapters—on topics like reciprocity, development, and polarization in US political discourse—each composed of a series of two- to four-page essays from different scholars. It is a creative and surprisingly effective structure. No single argument is developed at any length, of course. But the essays, punchy and provocative, accomplish far more than one would think possible in so short a space. Taken together, they define the contours of a much richer conversation than a series of independent papers could have done. [End Page 205]James Bailey’s Rethinking Poverty provides a more sustained argument. Working within the moral framework provided by Catholic social teaching, Bailey argues that US public policy regarding poverty needs to focus less on income relief and more on asset ownership and development. He lays out his basic case for the “asset paradigm” in chapter 1. In the current system, asset-building assistance is provided almost exclusively to the nonpoor rather than to the poor since it is mediated primarily through the federal income tax—which the poor do not pay. Income assistance to the poor, though crucial in the short term, does nothing to address the root causes of endemic poverty in the United States. In fact, the regressive structure of asset-building assistance has itself played an important role in perpetuating and exacerbating the wealth gap in this country. In the next two chapters, Bailey lays out two complementary moral frameworks that support a policy shift toward an asset paradigm: Catholic social teaching and the “capabilities approach” developed by Martha Nussbaum and Amartya Sen. In the fourth chapter, Bailey surveys the history of racialized asset discrimination in US policy, demonstrating that the denial of asset-based assistance has been instrumental in creating enduring wealth disparities between white and black communities. In the fifth chapter, Bailey concludes by suggesting that an older, neglected American policy tradition did privilege an assets-based approach to poverty relief, and that tradition continues to be a viable option.Both books succeed, in my judgment, in rendering the principles and priorities of Catholic social teaching more concrete. Bailey’s main goal, obviously, is to recommend a specific policy orientation, and Moral Dynamics is full of practical suggestions: we should encourage conversations between theology and business schools at Catholic universities (89, 135); we should give more attention to empirical measures of well-being and development beyond narrowly economic ones like the gross domestic product (92–98); we should work to redefine the standard of “reasonableness” in the common... (shrink)

This paper is published as part of special issue on the theme of ‘justice without retribution’. Any attempt to consider how justice may be achieved without retribution has to begin with a consideration of what we mean by justice. The most powerful pleas for justice usually come from those who feel that they have been harmed by the wrongful acts of others. This paper will explore this intuition about justice and will argue that it arises (...) from the central importance of reciprocity, in the form of equity, balance and fairness, in human relationships. This is expressed in our image of justice, one of whose core symbols is a set of scales. I will use a clinical case to illustrate what can happen when criminal harm is not followed by any form of restitution. In this case, the punitive impulse was internalised in the victim and turned against herself in the form of deliberate self harm and, ultimately, death by suicide. I will argue that human relationships largely consist of reciprocal acts of good or harm and that we constantly strive for a balanced reciprocity in our relationships with others. This theme has been played out throughout human history in personal relationships, social customs, legal systems, religion and culture. It is also seen in higher primates. When someone is a victim of wrongful harm, there is a need to take measures to restore the balance which has been lost. I will attempt to draw a distinction between retributivism as the term is usually understood and the application of the principle of reciprocity in criminal justice. This distinction is one that has found expression in what has become known as ‘restorative justice’ as opposed to conventional justice. There are two cardinal features of restorative justice in this context. The first is that it brings offender and victim into a relationship with the aim of repairing the harm that has been caused. The second is that it gives the offender the opportunity to give something back to his victim. I will conclude that our responses to criminal wrong-doing should be based on restorative principles and that punishment can sometimes be part of the process by which moral harm is made good. (shrink)

The concept of need is often proposed as providing an additional or alternative criterion to cost-effectiveness in making allocation decisions in health care. If it is to be of practical value it must be sufficiently precisely characterized to be useful to decision makers. This will require both an account of how degree of need for an intervention is to be determined and a prioritization rule that clarifies how degree of need and the cost of the intervention interact (...) in determining the relative priority of the intervention. Three common features of health care interventions must be accommodated in a comprehensive theory of need: the probabilistic nature of prognosis (with and without the intervention); the time course of effects; and the fact that the most effective treatments often combine more than one intervention. These common features are problematic for the concept of need. We outline various approaches to prioritization on the basis of need and argue that some approaches are more promising than others. (shrink)

An evidence-based approach to crime and justice policy can go a long way toward ensuring that the best available research is considered in decisions that bear on the public good. However, the term "evidence-based" is characterized by a great deal of rhetoric. Indeed, there remains a marked disjuncture between calls for "evidence-based" policy and an understanding of what it means for policy to be "evidence-based." The calls for evidence-based policy nonetheless provide a powerful foundation (...) for propelling a movement toward bringing about rational, cost-effective, and humane policies for the betterment of society. This handbook showcases the state of research on evidence-based crime and justice policy and the challenges that impede its creation and use. The volume has three core objectives: to promote new and productive ways to think about evidence-based policy; to demonstrate how research can contribute to and guide evidence-based policy in juvenile justice, criminal justice, and alternatives to system responses; and to identify strategies that can increase reliance on evidence-based policy. To meet these objectives, each chapter is guided by several central questions: What do we know about evidence-based policy and practice in crime and justice? How can we improve knowledge of evidence-based policy and practice? How can we promote more use of evidence-based policy and practice? Taken as a whole, the volume emphasizes the critical need for policies that are grounded in high-quality research, that address critical research gaps, and that fully acknowledge the limitations of what extant research can do to inform policy decisions. (shrink)

Development and targeting efforts by academic organizations to effectively promote research integrity can be enhanced if they are able to collect reliable data to benchmark baseline conditions, to assess areas needing improvement, and to subsequently assess the impact of specific initiatives. To date, no standardized and validated tool has existed to serve this need. A web- and mail-based survey was administered in the second half of 2009 to 2,837 randomly selected biomedical and social science faculty and postdoctoral fellows (...) at 40 academic health centers in top-tier research universities in the United States. Measures included the Survey of Organizational Research Climate (SORC) as well as measures of perceptions of organizational justice. Exploratory and confirmatory factor analyses yielded seven subscales of organizational research climate, all of which demonstrated acceptable internal consistency (Cronbach’s α ranging from 0.81 to 0.87) and adequate test–retest reliability (Pearson r ranging from 0.72 to 0.83). A broad range of correlations between the seven subscales and five measures of organizational justice (unadjusted regression coefficients ranging from 0.13 to 0.95) document both construct and discriminant validity of the instrument. The SORC demonstrates good internal (alpha) and external reliability (test–retest) as well as both construct and discriminant validity. (shrink)

David Braybrooke argues that meeting people’s needs ought to be the primary goal of social policy. But he then faces the problem of how to deal with the fact that our most pressing needs, needs to be kept alive with resource-draining medical technology, threaten to exhaust our resources for meeting all other needs. I consider several solutions to this problem, eventually suggesting that the need to be kept alive is no different in kind from needs to fulfill various projects, (...) and that needs may have a structure similar to rights, with people’s legitimate needs serving as constraints on each other’s entitlements to resources. This affords a set of axioms constraining possible needs. Further, if, as Braybrooke thinks, needs are created by communities approving projects, so that the means to prosecute the projects then come to count as needs, then communities are obliged to approve only projects that are co-feasible given the world’s finite resources. The result is that it can be legitimate not to funnel resources towards endless life-prolongation projects. (shrink)

Using an ethnographic case study based in a UK state school for 11- to 18-year-olds, this paper explores the tensions that arose when the senior leadership team (SLT) introduced a justice-based ethic-of-care that prioritized good grades and equal treatment for all pupils over a feminist ethic-of-care (preferred by most teachers in non-leadership roles) that accentuated individual pupil need and placed greater emphasis on a broader social education. Through highlighting the tensions between a feminist ethic-of-care and a (...) more ‘masculine’ style, justice-based approach to care-ethics, the paper extends the organisational care-ethics literature. We emphasise that such tensions occurred whether the different ethics were enacted by men, women, or non-binary individuals. In order to better understand the tensions between these two ethical approaches, we draw upon the theoretical work of Donald Winnicott, which highlights the importance both of maternal and paternal roles during infancy. We update Winnicott’s ideas, noting how maternal and paternal caring roles can be undertaken by people of varied gender identities. Building on Winnicott’s theory, we propose a new ‘Parentalist’ ethic-of-care, which has the potential to balance and hold together ideas of both a feminist ethic-of-care, and a justice-based ethic. A Parentalist ethic-of-care could support teachers yet recognize the context of the contemporary neo-liberal environment, where most children need to attain formal qualifications in a marketized world, and where such measures of success are highly valued. (shrink)

This paper addresses a theory of intergenerational justice that we refer to as “needs-based sufficientarianism”. According to needs-based sufficientarianism, the present generation ought to enable future generations to meet their basic needs — for example, their needs for drinkable water, food and health care. Our aim is to explain and defend this theory in a programmatic way. First, we introduce what we regard as the most plausible variant of needs-based sufficientarianism. Then we argue that this variant (...) is superior to several alternative ways of thinking about intergenerational justice. In particular, we defend basic needs as the currency of intergenerational justice and sufficiency as its principle. Our arguments for these claims are neither fully comprehensive nor fully conclusive. Yet, we hope that they suffice to show that needs-based sufficientarianism is a major contender, with significant pro tanto advantages over other views. (shrink)

Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no “value” judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, related with (...) “socio-economic structure/fact” in the family and society structure foreseen by Islam. As a matter of fact, “need principle” is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafsīr books, the concept of “degree” in the verse “... Men have a degree (right) over women” (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of “lil al-dhakari mithlu haẓẓ al-unthayain” in the verse –the inheritance of man is the share of two women– (Al-Nisā 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that “man is superior to woman”. In this article/study, an analyticallook atthe interpretations in some classical tafsīr books on the axis of “daraja/degree” and “lil al-dhakari mithlu haẓẓ al-unthayain” that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person’s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur’ān: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Shūrā 42/49.)In addition to human biological sex, there is also social gender. Indeed, the term “sex” refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process.Accordingly, while it is not possible to determine biological sex (in normal circumstances in advance), determining gender is shaped by the cultural will of individuals and societies. As a matter of fact, gender is shaped according to the religions, customs and cultures of the societies and it shows differences according to time, culture and family structure. In this context, in the pre-Islamic Arab society, the gender of the girl or the woman was shaped by the custom of the ritual and customs. Indeed, it is a known fact that during the period of Jahiliyyah, in terms of social gender, the girl/woman has been deprived of many social and economic rights, especially heritage. The Qur’ān has brought the girls who, in the period of Jahiliyyah, were oppressed in terms of gender, deprived of many social and economical rights, treated as second class human, embarrassed of themselves and buried alive, to the same position as man. In this context, as it is in every field in the direction of social structure and social conditions of that day, also in the field of inheritance law, a number of regulations were made in the Qur’ān and the Sunnah being the main sources of Islam. The divisions of the inheritance were connected with religious and legal rules and the shares of the inheritance of the sons and daughters were determined by naṣṣ (verses and hadiths).However, in Islamic inheritance law, as a requirement of the structure of family and society accepted by Islam, in principle, “two-to-one” measures have been adopted between male and female children. As a matter of fact, in this aspect, it is mentioned in the Qur’ān: Allah instructs you concerning your children: for the male, what is equal to the share of two females (Al-Nisā 4/11.)On one hand, the principle that Islamic law brings between boys and girls; Seems to be an inequality in terms of the arrangement in which "the inheritance share of the male child is twice the share of the female child", while on the other hand, within the border of in the family foreseen by Islam, this regulation has not been seen as an injustice and inequity by Muslim societies, because in Islamic family law, a man is obliged to ensure the livelihood of the family after marriage. He is also obliged to give his wife her mahr when marrying.In Islamic inheritance law, “necessity principle” is taken as the basis of responsibility that women and man have undertaken in family and society. Therefore, even though giving nothing at all to those who are not in need and giving less to those who are in less need, giving too much to those who are in much need might seem contrary to the principle of equality, it is a necessity of the principle of justice and fairness. As a matter of fact, while "law equality, necessity in sharing" principle, law is arranged according to people's qualifications, goods and wealth sharing is divided according to the needs of people. In this context, there has been a fair division in Islamic heritage law based on the necessity, (distributive) justice and fairness principle. Indeed, the French philosopher Roger Garaudy (1913-2012), who chose /converted to Islam, evaluates the following about the proportion of male child in the Qur'an to that of female child: “When we consider that in the Arab society all the obligations of the family and of the care of the parents and of all the things that we call ‘social security’ today are put on the shoulders of the husband, the hereditary male child's share must be twice as high as the female child’s is”.As Garaudy argues, the difference in the inheritance of women and men in Islamic inheritance law is not a legal discrimination/inequality, but a form of divisiveness stemming from a need based on the role and responsibility that women and men have undertaken in the family and society. Therefore, giving nothing to those who need nothing, giving little to those who need little, and giving a lot to those who need a lot,even though may seem contradictious to the principle of equality, it becomes a necessity of equity and (distributive) justice principle. In this case, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child, is social and economic reasons and it is possible to rank them as follows:1) According to Islamic law, women are not obliged to make their own economic livelihoods. The woman’s economic responsibility belongs to her father or brothers before marriage, and then to her husband after marriage. 2) When a woman is married she is not responsible for herself or other family members’ livelihood. The male is obliged to make a living for himself, his wife and his children.3) While married, the male is obliged to give the wife mahr. The woman has no such responsibility.As it is understood from the above explanations, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child is not about the ontologically “value” based on creation and sex given to the woman (girl child) in Islam. On the contrary, it is the real facts concerning the family and society structure that Islam predicts, the roles and financial obligations that man and woman have undertaken, namely “socio-economic structure/fact”.In some commentaries in classical commentary books, the rights and responsibilities of women and men are referred to, like: the word “degree” mentioned in: …but the men have a degree over them [in responsibility and authority (Al-Baqara 2/228), and the talk about the inheritance shares of boys and girls in: for the male, what is equal to the share of two females (Al-Nisā 4/11). Eventually, the concepts “lil al-dhakari mithlu haẓẓ al-unthayain” have been associated with the gender of the woman/girl child ontologically (based on social fact) by ignoring the referent purpose and socio-economic contexts of these verses. As a result of these interpretations, it was desired that the Islamic law principle of inheritance share of male child being twice the share of female child, ontologically, should be based on a justification that “man is superior to woman”.In this study, some of the era’s dominant culture classical interpretations grounding women's inheritances share on her gender and based on the axis of the concepts of "degree" and “lil al-dhakari mithlu haẓẓ al-unthayain” in the related verses of the Qur'ān will be elaborated. (shrink)

The measurement of force is based on a formal law of additivity, which characterizes the effects of two or more configurations on the equilibrium of a material point. The representing vectors (resultant forces) are additive over configurations. The existence of a tight interrelation between the force vector and the geometric space, in which motion is described, depends on observations of partial (directional) equilibria; an axiomatization of this interrelation yields a proof of part two of Newton's second law of (...) motion. The present results (which were derived from a curious and deep isomorphism between force measurement and trichromatic color measurement) yield a kind of subunit, which needs to be incorporated into more complete axiomatizations of mechanics that would fulfill the Mach-Kirchhoff program. (shrink)

Distributive, procedural, and interactional justice are constructs that are increasingly being recognized as important factors that affect individual perceptions in the workplace environment. This paper presents a theoretical perspective that suggests that justice is perceived through a subjective lens that consists of individualized beliefs and proposes that cultural attributes and demographic characteristics play an integral part in determining the perception of justice. The distinctions between these three constructs are presented in context with the core beliefs of individual (...) employees – affected by a multitude of perceptual and demographic factors that we briefly identify herein. Based on the theoretical perspective, an instrument that measures the constructs of justice as perceived by individuals was developed. With a focus on justice within the business setting, hypotheses about attitudes related to justice were tested. Survey results confirm that the three constructs of justice are distinct but correlated. Significant differences were found in the perceptions of African-American respondents with regard to procedural justice. Although the empirical findings do not support all the hypotheses, this research highlights the need for further development of measures to assess the perception of justice in business settings and at an applied level, underscores the importance of recognizing cultural attributes and demographic characteristics in understanding how justice is perceived. (shrink)

We examine the role of need satisfaction in non-comparative justice ratings about endowments with goods. As normative approaches, we discuss utilitarianism, prioritarianism, and sufficientarianism. Using a vignette experiment, we show that a need context increases the prevalence of prioritarianistic and sufficientarianistic justice ratings, which leads to an ethically problematic sigmoid shape of the justice evaluation function.

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, (...) since history suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

How can we equalize opportunities while respecting people’s freedom? According to a view that I call libertarian resourcism, people’s fair shares of resources should normally take the form of unconditional, individual cash endowments, thereby supporting the freedom to do whatever they might want to do. This view, of which Van Parijs’ philosophy of ‘real freedom for all’ is the clearest and most well-known example, has become a powerful weapon to criticize work conditionality as unfair and perfectionistic (or illiberal), and to (...) motivate political struggles for the emancipation of the precariat. However, similar views are also expressed in many other justifications of basic income that stress the strategic importance of exit-based empowerment. This article argues that the reliance of these theories on concepts and assumptions of libertarianism makes them ill-equipped to justify core requirements of social empowerment, and to identify the forms of agency needed to sustainably advance the radical objectives they favour. The implication of this is not to reject the link between social justice and unconditional resource endowments but to dissociate the justification and design of such measures from libertarian ways of thinking. (shrink)

Subjective measures of well-being—measures based on answers to questions such as ‘Taking things all together, how would you say things are these days—would you say you're very happy, pretty happy, or not too happy these days?’—are often presented as superior to more traditional economic welfare measures, e.g., for public policy purposes. This paper aims to spell out and assess what I will call the argument from directness: the notion that subjective measures of well-being better represent well-being than economic measures (...) do because subjective measures (and subjective measures alone) are direct measures of well-being. My main thesis is that the argument begs the question against proponents of economic measures: it is based on a premise that they reject and that is no less in need of justification than the conclusion of the argument, namely, the proposition that well-being is constituted by subjectively experienced mental states. If subjective measures can be defended as valid measures of well-being at all, I will maintain, it is because they are (imperfect) indirect measures of well-being. (shrink)

Distributive, procedural, and interactional justice are constructs that are increasingly being recognized as important factors that affect individual perceptions in the workplace environment. This paper presents a theoretical perspective that suggests that justice is perceived through a subjective lens that consists of individualized beliefs and proposes that cultural attributes and demographic characteristics play an integral part in determining the perception of justice. The distinctions between these three constructs are presented in context with the core beliefs of individual (...) employees – affected by a multitude of perceptual and demographic factors that we briefly identify herein. Based on the theoretical perspective, an instrument that measures the constructs of justice as perceived by individuals was developed. With a focus on justice within the business setting, hypotheses about attitudes related to justice were tested. Survey results confirm that the three constructs of justice are distinct but correlated. Significant differences were found in the perceptions of African-American respondents with regard to procedural justice. Although the empirical findings do not support all the hypotheses, this research highlights the need for further development of measures to assess the perception of justice in business settings and at an applied level, underscores the importance of recognizing cultural attributes and demographic characteristics in understanding how justice is perceived. (shrink)

It is often said that one person or society is `freer' than another, or that people have a right to equal freedom, or that freedom should be increased or even maximized. Such quantitative claims about freedom are of great importance to us, forming an essential part of our political discourse and theorizing. Yet their meaning has been surprisingly neglected by political philosophers until now. Ian Carter provides the first systematic account of the nature and importance of our judgements about degrees (...) of freedom. He begins with an analysis of the normative assumptions behind the claim that individuals are entitled to a measure of freedom, and then goes on to ask whether it is indeed conceptually possible to measure freedom. Adopting a coherentist approach, the author argues for a conception of freedom that not only reflects commonly held intuitions about who is freer than who but is also compatible with a liberal or freedom-based theory of justice. (shrink)

Faced with current urgent calls for more trust in experts, especially in high impact and politically sensitive domains, such as climate science and COVID-19, the complex and problematic nature of public trust in experts and the need for a more critical approach to the topic are easy to overlook. Scepticism – at least in its Humean mitigated form that encourages independent, questioning attitudes – can prove valuable to democratic governance, but stands in opposition to the cognitive dependency entailed by (...) epistemic trust. In this paper, we investigate the tension between the value of mitigated scepticism – understood as the exercise of reason-based doubt in a particular domain – and the need for trust in experts. We offer four arguments in favour of mitigated scepticism: the argument from loss of intellectual autonomy; the argument from democratic deficit; the argument from the normative failures of science; and the argument from past and current injustices. These arguments highlight the tension between the requirements for trust and justified scepticism about the role of experts. One solution, which we reject, is the idea that reliance, rather than trust, is sufficient for the purposes of accommodating experts in policy matters. The solution we endorse is to create a ‘climate of trust’, where questioning experts and expertise is welcomed, but the epistemic trust necessary for action upon information which the public cannot obtain first-hand is enabled and encouraged through structural, institutional, and justice-based measures. (shrink)

Withholding or withdrawing life-saving ventilators can become necessary when resources are insufficient. In the USA, such rationing has unique social justice dimensions. Structural elements of dominant allocation frameworks simultaneously advantage white communities, and disadvantage Black communities—who already experience a disproportionate burden of COVID-19-related job losses, hospitalisations and mortality. Using the example of New Jersey’s Crisis Standard of Care policy, we describe how dominant rationing guidance compounds for many Black patients prior unfair structural disadvantage, chiefly due to the way creatinine (...) and life expectancy are typically considered.We outline six possible policy options towards a more just approach: improving diversity in decision processes, adjusting creatinine scores, replacing creatinine, dropping creatinine, finding alternative measures, adding equity weights and rejecting the dominant model altogether. We also contrast these options with making no changes, which is not a neutral default, but in separate need of justification, despite a prominent claim that it is simply based on ‘objective medical knowledge’. In the regrettable absence of fair federal guidance, hospital and state-level policymakers should reflect on which of these, or further options, seem feasible and justifiable.Irrespective of which approach is taken, all guidance should be supplemented with a monitoring and reporting requirement on possible disparate impacts. The hope that we will be able to continue to avoid rationing ventilators must not stand in the way of revising guidance in a way that better promotes health equity and racial justice, both to be prepared, and given the significant expressive value of ventilator guidance. (shrink)

The paper focuses on Plato’s treatment of equality and inequalities in his best constitution in the Republic and in the second best constitution in the Laws. Plato was aware of the equality solution and various inequalities solutions to the problem of distributing political offices, the burdens of defense, other careers, and property and wealth. In his best constitution he rejected participatory democracy’s solution of equality of political offices, and also rejected inequality distributions of political office on the bases of courage (...) only or wealth only or on force only. He opted for proportional inequality in the distribution of all careers, including ruling, defense, and the provision of goods and services, on the basis of inborn inequalities in intelligence, spirit, abilities in the arts/crafts, and appropriate education. Such a distribution is directed by his principle of social or city justice and justified by his belief that only with such distributions would the city function best. In the economic domain he opted for radical inequality, the abolition of private property and wealth for the ruling classes and the military—a radical divorce between power and wealth, which is his solution to the political problem posed by Thrasymachus. For the remaining and largest class, the providers of basic goods and services, he proposed functional economic floors and ceilings—allowing farmers and craftsmen what they needed, and not more, for doing their jobs well. Later, in his second best constitution, Plato opted for democratic equality in the distribution of the main political offices, for absolute equality in the division of land, and very measured inequalities in other goods and other offices. Plato now seems to think that the very great inequalities of his best constitution/city would create conflicts and factions too difficult to assuage or overcome, since he now cites repeatedly the avoidance of faction as the main reason for his newly found political and economic equality and for the avoidance of extreme inequalities. At the same time, he lowers his earlier and very high standard of the knowledge required for ruling well, which allows many more citizens to participate in ruling the city well; they no longer need to know the form of the Good, but it is sufficient to know the goods of the soul, the goods of the body, the social goods, and the teleological priority of the goods of the soul over all other goods—all the others to be pursued for the sake of the goods of the soul. Looking at both books, it is rather remarkable that all the solutions to the distribution problem of social justice that Plato discusses—equality, proportional inequality, floors and ceilings, and distance between the best off and the worst off—find an echo in modern solutions to the distributions of similar social advantages and burdens. (shrink)

Defining and measuring biodiversity is an important research area in biology, with very interesting theoretical and applied aspects. Numerous definitions have been proposed, and these definitions of biodiversity influence how it is measured. From the still commonly used measure of species diversity, through higher taxon diversity, molecular measures, ecological measures and indicator taxa, these measures have as their fundamental shortcoming the lack of an explicit consideration of the evolutionary context represented by phylogenies. Attempts have been made to incorporate phylogenetic considerations (...) into measuring biodiversity, but more hypothesis‐driven research needs to be done. A specific case study is presented of how this added emphasis on phylogeny‐based biodiversity measurement can influence the way in which research is directed and hypotheses are generated. The elucidation of the relationship of biodiversity to ecosystem functioning is a very timely concern with the unarguable loss of biodiversity this planet is experiencing, whichever way biodiversity is measured. (shrink)

Objective: to develop and test the factorial structure of a new self-determination theory-based measure of behavioral regulation in children. Method: 590 (F = 51.7%) children aged 7-11 years completed the Motivation to Exercise and Diet (MED-C) questionnaire, which comprises 16 items (8 for exercise and 8 for diet) grouped into eight-factors (5 motivations and 3 needs). Psychometric testing included confirmatory factor analysis and internal consistency. Measurement invariance analyses were also performed to evaluate whether the factorial structure of the (...) MED-C was equivalent for gender (male vs. female), age ( 10yo) and the perception of having at least one parent with overweight or obesity (yes vs. no). Results: factorial analysis confirmed an acceptable factors solution for the MED-C and a good fit to the data for both the exercise and the diet subscales assessed independently. The Maximal Reliability coefficient revealed good reliability for the exercise and the diet subscales. Moreover, the MED-C factor structure was invariant across group comparisons. Discussion: findings support the construct validity and reliability of the MED-C. Therefore, it represents the first validated instrument simultaneously measuring motivational regulation and psychological need satisfaction in the context of children’s exercise and diet. Considering the goodness of these results, scale percentile ranks of the total score distribution as well as the z-score and the T-score were provided for clinical and research purposes. Conclusion: The MED-C might support the understanding of motivations and needs of children with weight problems and assist their process of behavioural change in primary and secondary prevention programs. Psychological factors represent, in fact, potential targets for interventions to increase children’s motivation to exercise and diet. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is, those things any rational person would desire, such as opportunities, liberties, rights, wealth, and the bases of self-respect. Rawls' method of adopting the "original position" is supposed to yield a "fair" way of distributing such goods. A just society would also have the need (unmet in the above work) to ascertain how the victims of injustice ought (...) to be compensated, since history strongly suggests that social contracts are likely to be violated. This paper sets forth the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

In this article, I consider the neglected question of justice between states in the distribution of responsibility for refugees. I argue that a just distribution of refugees across states is an important normative goal and, accordingly, I attempt to rethink the normative foundations of the global refugee regime. I show that because dismantling the restrictive measures currently used by states in the global South to prevent the arrival of refugees will not suffice to ensure a just distribution of refugees (...) between states, a more detailed account of how responsibilities should be shared between states is required. To this end, I make three claims. First, I argue that the definition of ‘refugee’ must be broadened beyond those subjected to persecution to include harms of action or omission by states that seriously jeopardise personal security or subsistence needs. Second, I argue that allocating a fair share of refugees to states should be based on state’s integrative capacities. Finally, I argue that distributive justice between states must be balanced against the legitimate interests of refugees in their destination country and the duty of states to ensure they are settled in places where they are likely to flourish. (shrink)

A perusal of the criminal laws and personal laws reveal that laws adopt a protectionist and paternalistic approach for empowering and providing autonomy to women. This paper initiates a discussion on issues at the core of gender justice. It questions the man-woman dichotomy and asserts that if men and women are fundamentally different as categories, then a single yardstick for measuring justice is wrong. And, if they are not class wise different, and evince only personal traits, then the (...) whole idea of gender justice based on the dichotomy is flawed. This paper further argues that social conditioning restricts the possibility of autonomous decisions. In conclusion, it is argued that laws need to create just social conditions and institutions that guarantee freedom from socially imposed disabilities, and subsequently, strengthen autonomy in decision making. (shrink)

The strong correlation between people’s socioeconomic position and health within high income countries is a well-documented fact. A person’s occupation, income and education level tell us a lot about that person’s prospects on a long and healthy life, such that we can speak of a ‘social gradient in health’, or a ‘socioeconomic health gap’. This association is often perceived to be unjust. Therefore, it is generally thought that governments should aim to reduce socioeconomic health inequalities. However, this idea needs ethical (...) justification, for it is not evident if and why exactly these inequalities are unjust. For instance, are inequalities in health unjust per se? Or because the underlying socioeconomic inequalities are unjust? And does justice require equal health levels, or a minimum level of health? What complicates the issue, is that the width of the health gap, or the steepness of the social gradient, depends on what health measures are used. Overall, the more subjective the measure, the greater the inequalities appear to be. But are all these measures equally morally relevant? This dissertation aims to give a better understanding of these philosophical questions. It does so by investigating the question of what we should understand by health in the first part, after which it addresses the question of how to evaluate socioeconomic health inequalities in the light of justice. The introduction begins with a description of the phenomenon of socioeconomic health inequalities, and how it has been addressed by politicians, epidemiologists and philosophers in the past and today. The chapter continues by formulating the central question of the dissertation – that of which health inequalities should be focused in the light of a concern with social justice. It explicates how this dissertation contributes to answering that question, by discussing the potential relation between the conceptualisation of health and justice evaluations, and by discussing which questions are addressed in each of the following chapters. The chapter 2 addresses the question of how health is conceptualised in the philosophical and public heath literature, and how theoretical concepts of health differ. It proposes to approach health concepts as a Wittgensteinian family of thick concepts and argues that while theories on health generally argue in favour of one specific concept, a comparison of concepts shows that we may need different concepts of health given the variety of health practices. By explicating the differences between five concepts of health, this chapter argues that each captures aspects of health that all seem relevant when we talk and think about health. Classifying these concepts based on their distinctions reveals them as members of a conceptual family: each of the discussed concepts differs from the others in at least one respect and resembles the others in several respects. Moreover, the discussion of the concepts shows that ‘health’ always both describes a condition and values that condition at the same time. Having both descriptive and evaluative dimensions, we can see health concepts as ‘thick concepts’. Given this evaluative dimension, it is important to reflect on the question of what understanding of health guides specific practices. Moreover, the distinctions revealed by the classification can serve as a conceptual toolbox for reflection on the assumptions and purposes of health practices. How such reflection could work is illustrated by a brief exploration of what health aspects are focused upon in three specific health practices. Chapter 3 presents a study into the question of how health is conceptualised by ordinary citizens and to what extent conceptualisations of health differ between socioeconomic groups. By making use of the method of concept mapping, this study analyses how different socioeconomic groups formulate their own answers regarding the question ‘what does health mean to you?’. It presents concept maps of health for three different socioeconomic groups living in the city of Utrecht that reveal that all groups have a multidimensional understanding of health. An interpretation of the concept maps reveals nuanced differences between groups. The multiple aspects of health were also ranked by importance. It appears that each group assigned most importance to mental health. All in all, the study shows that people in lower socioeconomic groups are more likely to show a conceptualisation of health that refers to 1) the absence of health threats, 2) a person within his/her circumstances, 3) the value of functional notions, and 4) an accepting attitude towards life. Chapter 4 addresses the question of what the theoretical and empirical study to concepts of health could imply for health equity practices. It does so by exploring further the suggestions made in chapters 2 and 3. Regarding the question of which health aspects should guide health equity policies, this chapter discusses the question of whether we should primarily look at subjective or objective health measures, and whether a universal or relative standard of health should be central. While justice-related concerns of impartiality and equal treatment may seem to favour an objective perspective and a universal health standard, it appears that we have good reason to account for the subjective perspective as well. It is also argued that a concern for recognition and participatory parity gives room for relative health standards. Th room for relative health standards confronts us with the question of how to deal with mechanisms like adaptive preferences that the concept maps reveal. It proposes a way out, by arguing for society-relative health standards. Chapter 5 examines the question of whether inequalities in health should be evaluated ‘directly’, thus independently of a distribution of their social determinants. It proposes a sufficientarian perspective, such that the central question of evaluation is that of whether everyone is – or can be – healthy enough. By discussing two sufficientarian approaches to health and social justice – by Powers & Faden and by Nussbaum – this chapter distinguishes two ways of setting a threshold level for health. Both approaches appear to provide an unsatisfactory basis for justice evaluations and lead us away from direct evaluation if we try to settle health minima that are less arbitrary. In anticipation to chapters 6 and 7, it is argued that the perspective of sufficient health for relational equality escapes this arbitrariness: compared to that of a decent human life, it better helps to answer both the question of what socioeconomic health inequalities a society is due to avoid, and the question of when socioeconomic health inequalities are unjust considering their consequences. Chapter 6 discusses to what extent Daniels’s theory of health justice provides a satisfactory answer to the question of what health inequalities a society is due to avoid. Daniels proposes an indirect evaluative approach by arguing that we should evaluate socioeconomic health inequalities in the light of Rawls’s principles of justice as fairness. That is, if socioeconomic inequalities are in accordance with fair equality of opportunity and with the difference principle, the corresponding health inequalities would be just. It is shown that the suggestion that Rawls’s principles regulate the social determinants of health neglects that not all social determinants of health belong to society’s basic structure as conceived of by Rawls and are thereby not subjected to the principles of justice. To acknowledge the social mechanisms leading to socioeconomic health inequalities in their full complexity, it is argued that we should broaden our understanding of society’s structure in accordance with Young’s notion of social structural processes. This renders the question of what health inequalities a society is due to avoid into a question of what we can expect from the side of the various actors that uphold the social structures that produce socioeconomic health inequalities. Lastly, it is discussed how a shift to Young’s theory completes the shift to non-ideal theorising that seem already initiated by Daniels, and that with this, the distinction between direct and indirect evaluation dissolves. Chapter 7 discusses to what extent equality in health is of instrumental value for a society of free and equals. It thus takes up the idea proposed in chapter 5, that an evaluation of the consequences of health inequalities is also due. Taking relational equality as an evaluative framework reveals three ways in which inequalities in life expectancy threaten this ideal. That is, via unequal risks to stigmatisation, unequal risks to unemployment and the risk of unequal pension enjoyments. It is thereby shown that these risks are especially great for those lower down the socioeconomic strata. It thus concludes that equality in health is of instrumental value to relational equality. The chapter continues to argue that our instrumental approach opens a new perspective: to mitigate the identified injustices by changing society, rather than by reducing inequalities in health. This is argued to be an advantage in the light of the realistic assumption that of the socioeconomic health inequalities will persist. The paper thus offers a complementary approach to both the evaluation and the mitigation of the injustice of socioeconomic inequalities in health. The discussion chapter summarises the central findings of the analyses of health concepts and discusses questions regarding the philosophical and practical merits of comparing theoretical health concepts, the need for developing new health measures or concepts and the importance or nonsense of studying citizen’s views on health. Repeating this for the dissertation’s second part, the central findings of the chapters on justice evaluation are summarised and followed by a discussion of questions and issues that have remained unaddressed so far. Here, central points of discussion are my take on rules of distribution, the distinction of direct and indirect evaluation, the role of ideal and non-ideal theory, the idea of relational equality, and personal responsibility for health. The chapter concludes by noting that also in the light of justice evaluations, all commonly used health measures are relevant for justice. Therefore, my recommendations for policy and further research entail that inequalities in each of these measures deserve attention by both policymakers and researchers. Specifically, policymakers and researchers should give attention to how exactly each of these health inequalities come about, in such a way that a discussion about the question of who can be assigned responsibility to alleviate them is well-informed; and both should give attention to the effects of health inequalities on the opportunities for people to live on equal standing, in such a way that when these opportunities are diminished, actions can be considered to aim to restore relational equality. (shrink)

The draft Common Frame of Reference is likely to play a prominent role in the further development of European contract law. Therefore, with a view to its acceptability it is crucial to assess the draft from the point of view of social justice.The DCFR has all the characteristics of a typical European compromise. Ideological and esthetical purists will certainly be disappointed. This is not necessarily something to be worried about. A common frame of reference is not drafted, in the (...) first place (if at all), for esthetical or ideological reasons; it is meant to provide some normative guidance in the further development of European contract law. European citizens have very different interests, preferences and opinions in relation to almost all the subjects dealt with in the DCFR. A DCFR consistently based on only one conception about the right choices would inevitably have disappointed all European citizens with a different idea of social justice in European private law. Therefore, if we really want the further Europeanization of private law we will have to accept that it will probably look rather different from both the particular Member State law that each of us is familiar with and our personal ideas of social justice. The publication of the interim outline edition of the draft CFR, which is the result of a close collaboration between hundreds of legal scholars from all Member States, has brought that message home. The characterisations of the DCFR as 'a law for big business and competent consumers' or, alternatively, as a 'massive reduction of private autonomy' are both unfounded. Overall, from the point of view of social justice, the DCFR is fairly balanced. Nevertheless, there is certainly room for improvement.Even if the DCFR is going to remain only a soft law instrument it is still likely to have a considerable influence on the further development of private law in Europe and will therefore also affect, directly or indirectly, the lives of all European citizens. For this reason it is crucial that European citizens will not only be the addressees of the CFR, or of the legislative measures based thereon, but can also rightly consider themselves as its authors. After the drafting by legal experts and the rather one-sided 'stakeholders'' input that were both organised by the European Commission it is now time for the citizens' voice. Only a meaningful input from the European and national Parliaments can provide the final CFR with the regulatory legitimacy that it needs.The level of consumer protection in the DCFR is sufficiently high for it to be acceptable as the content of an optional instrument, which could be made applicable, for example, by clicking on a 'blue button'. However, as an absolute maximum beyond which the Member States would not be allowed to go in the case of full harmonisation, it is submitted, the level of protection in the DCFR is insufficient. Moreover, the DCFR draws a sharp distinction between B2C and B2B contracts. It categorically excludes from the protection that it grants to consumers all businesses, even the smallest ones that may be as vulnerable as consumers (or even more so) when it comes to a lack of information, inexperience and dependence. This sharp distinction deviates from the law in many Member States, is not required by the EC Treaty (which is relevant with a view to the CFR's role as a toolbox for revising the acquis and for drafting new acquis), and is potentially contrary to the fundamental principle of justice that any distinction between groups of people should favour the least privileged.General private law - the bulk of the model rules contained in the DCFR - cannot be said to be 'neoliberal' as the Social Justice Group feared it would. Nor is it 'socialist' as some business stake holders warned for. It strikes a balance between autonomy and solidarity that is quite similar to the ones drawn in the modern private laws (including the case law, i.e. not merely the civil codes) of the Member States. However, where the DCFR deviates from the Principles of European Contract Law (PECL) it is always in the liberal direction.Throughout the last Century general clauses, such as good faith, have played a prominent role in promoting social justice in private law in the Member States. In fact they became delegations of law-making power to the courts in order to allow them to find just and fair solutions in new cases. This tradition was codified in the PECL. However, in the DCFR the role of good faith is narrower and deliberately so. From the point of view of social justice it is important that in the final CFR the role of good faith as an undisputed legal basis for judge-made law should be restored.The catalogue of underlying values and principles, that is meant to become the preamble to the final CFR and is likely to play a crucial role in the interpretation and further development of the CFR, brings back to the foreground some fundamental values that have played a prominent role in private law making in the Member States but that have been overshadowed, on the European level, by the narrow focus on market building. Having said that, the list of values in the DCFR could be framed so as to be more balanced. In particular, the privileged position of party autonomy as the only principle that is also contained in the black-letter model rules seems unjustified. (shrink)

The purpose of this introduction is two-fold. First, it is to provide readers unfamiliar with the debates on practice-dependence with the insight necessary to fully comprehend the different contributions to this volume. Second, it is to make readers already well versed in practice-dependence more sensible to the substantive nature of this view and to provide them with a workable typology. After establishing a first distinction between metaphysical, relational and practice-dependent conceptions of justice, I draw a line, among practice-dependent views, (...) between institutionalism and cultural conventionalism. I complete the typology by differentiating between three forms of institutionalism according to how they regard the institutional fact, namely the fact that individuals are always already placed in a state of submission to existing institutions. Whereas de facto institutionalism describes this fact as a mere factual reality which imposes itself upon human beings, de jure institutionalism regards it as a practical necessity that stands in need of justification to each and every individual. Finally, moral institutionalism accounts for the institutional fact in terms of moral duty , namely the duty to contribute to the emergence of a state of affairs in which everyone’s freedom of choice is respected. (shrink)

IntroductionHearing loss in adults has a pervasive impact on health and well-being. Its effects on everyday listening and communication can directly influence participation across multiple spheres of life. These impacts, however, remain poorly assessed within clinical settings. Whilst various tests and questionnaires that measure listening and communication abilities are available, there is a lack of consensus about which measures assess the factors that are most relevant to optimising auditory rehabilitation. This study aimed to map current measures used in published studies (...) to evaluate listening skills needed for oral communication in adults with hearing loss.MethodsA scoping review was conducted using systematic searches in Medline, EMBASE, Web of Science and Google Scholar to retrieve peer-reviewed articles that used one or more linguistic-based measure necessary to oral communication in adults with hearing loss. The range of measures identified and their frequency where charted in relation to auditory hierarchies, linguistic domains, health status domains, and associated neuropsychological and cognitive domains.Results9121 articles were identified and 2579 articles that reported on 6714 discrete measures were included for further analysis. The predominant linguistic-based measure reported was word or sentence identification in quiet. In contrast, discourse-based measures were used in 2.7% of the articles included. Of the included studies, 36.6% used a self-reported instrument purporting to measures of listening for communication. Consistent with previous studies, a large number of self-reported measures were identified, but 60.4% of these measures were used in only one study and 80.7% were cited five times or fewer.DiscussionCurrent measures used in published studies to assess listening abilities relevant to oral communication target a narrow set of domains. Concepts of communicative interaction have limited representation in current measurement. The lack of measurement consensus and heterogeneity amongst the assessments limit comparisons across studies. Furthermore, extracted measures rarely consider the broader linguistic, cognitive and interactive elements of communication. Consequently, existing measures may have limited clinical application if assessing the listening-related skills required for communication in daily life, as experienced by adults with hearing loss. (shrink)

It is often said that one person or society is 'freer' than another, or that people have a right to equal freedom, or that freedom should be increased or even maximized. Such quantitative claims about freedom are of great importance to us, forming an essential part of our political discourse and theorizing. Yet their meaning has been surprisingly neglected by political philosophers until now.Ian Carter provides the first systematic account of the nature and importance of our judgements about degrees of (...) freedom. He begins with an analysis of the normative assumptions behind the claim that individuals are entitled to a measure of freedom, and then goes on to ask whether it is indeed conceptually possible to measure freedom.Adopting a coherentist approach, the author argues for a conception of freedom that not only reflects commonly held intuitions about who is freer than whom but is also compatible with a liberal or freedom-based theory of justice. (shrink)

There is a gap between health economic evaluation methods and the value judgments of coverage decision makers, at least in Germany. Measuring preference satisfaction has been claimed to be inappropriate for allocating health care resources, e.g. because it disregards medical need. The existing methods oriented at medical need have been claimed to disregard non-consequentialist fairness concerns. The aim of this article is to propose a new, contractarian argument for justifying needs-based economic evaluation. It is based on (...) consent rather than maximization of some impersonal unit of value to accommodate the fairness concerns. This conceptual paper draws upon contractarian ethics and constitution economics to show how economic evaluation can be viewed as an institution to overcome societal conflicts in the allocation of scarce health care resources. For this, the problem of allocating scarce health care resources in a society is reconstructed as a social dilemma. Both disadvantaged patients and affluent healthy individuals can be argued to share interests in a societal contract to provide technologies which ameliorate medical need, based on progressive funding. The use of needs-based economic evaluation methods for coverage determination can be interpreted as institutions for conflict resolution as far as they use consented criteria to ensure the social contract’s sustainability and avoid implicit rationing or unaffordable contribution rates. This justifies the use of needs-based evaluation methods by Pareto-superiority and consent. The view of economic evaluation presented here may help account for fairness concerns in the further development of evaluation methods. This is because it directs the attention away from determining some unit of value to be maximized towards determining those persons who are most likely not to consent and meeting their concerns. Following this direction in methods development is likely to increase the acceptability of health economic evaluation by decision makers. (shrink)

What impact should sufficientarianism have on the measurement of inequality? Like other theories of justice, sufficientarianism influences how economic inequality is conceived. For the purpose of measurement, its standards of justice can be approximated by income-based thresholds of sufficiency. At which income level could a threshold of having enough be pegged in OECD countries? What would it imply for standard indicators of inequality, such as decile comparisons of cumulated income, income spreads, or the Gini coefficient? (...) This paper suggests some answers to these questions, showing that sufficientarian ideas could make a difference with respect to the measurement of inequality in a society. (shrink)

The so-called Brundtland-Report defines Sustainable Development as a conception of intra- and intergenerational justice, which is to be realized by a globally just distribution of possibilities for satisfying basic human needs as well as by assuring such possibilities for future generations. Hence, any political and/orsocietal decision is addressed by the ethical demands of Sustainable Development insofar it affects possibilities for satisfying basic human needs. In particular, this concerns – contrary to the widespread opinion that Sustainable Development only has to (...) deal with problems of environmental ethics – the legitimization ofbiomedical applications. After all, especially such decisions often face the problem of measuring and trading-off potential advantages and disadvantages regarding possibilities for satisfying human basic needs. Based on the example of decisions about establishing biobanks, the paper firstly will show that Sustainable Development actually demands much more from political and societal decisions than just being concerned with environmental ethics. Secondly, itwill clarify these demands in detail. Thirdly, it will address the issues of how these demands can be implemented adequately. The paper therefore will show which conditions political and/or societal decision processes have to meet in order to comply with Sustainable Development. (shrink)

Purpose. The purpose of the study is critical reconstruction of gender issues within the framework of modern political philosophy and political anthropology, in-depth reflection of the phenomena of justice, identity, human dignity in the aspect of their gender measurements and the search for the answer to the fundamental question for leading gender discourses: is freedom and justice, in fact, possible only together with stresses, a feeling of one’s sense-rooted belonging to one or another community? Theoretical basis. The supplement (...) of the phenomenological and transcendental methodology by the method of contractualism directs the study of the topic specified in the article’s title into a new direction, and reflects its essential measurements and aspects. Understanding gender as an important philosophical and anthropological problem and a complex "social construct" precisely within the framework of the latest critical and self-critical versions of the theory of social contract reveal fruitful perspectives for political philosophy and anthropology. Originality. The study of the phenomena of "recognition" of "gender justice", "moral sense" outlines the possibilities and sense of filling the principle of social contract with a specific theoretical and practical content, substantiates the need to expand the philosophical and anthropological interpretation space of gender issues. Conclusions. Significance of the gender community for the sociocultural and existential identity of the individual enables his/her security and the ability to adequately orient in difficult life situations. However, the main purpose of human life is the ability to self-identity, even after profound changes in the structure of personality that arise in difficult situations of contempt and injustice. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, (...) and comprehensive theory of equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

Temporal discounting is the tendency to devalue temporally distant rewards. Past studies have examined the k-value, the indifference point, and the area under the curve as dependent measures on this task. The current study included these three measures and a fourth measure, called the interest rate total score. The interest rate total score was based on scoring only those items in which the delayed choice should be preferred given the expected return based on simple interest rates. In addition, (...) associations with several individual difference measures were examined including intelligence, executive functions (inhibition, working memory, and set-shifting), thinking dispositions (Need for Cognition and Consideration of Future Consequences) and engagement in substance use and gambling behavior. A staircase temporal discounting task was examined in a sample of 99 university students. Replicating previous studies, temporal discounting increased with longer delays to reward and decreased with higher reward magnitudes. A hyperbolic function accounted for variance in temporal discounting better than an exponential function. Reaction time at the indifference point was significantly longer than at the other choice points. The four dependent measures of temporal discounting were all significantly correlated and were also significantly associated with our individual difference measures. That is, the tendency to wait for a larger delayed reward on all of the temporal discounting measures was associated with higher intelligence, higher executive functions and more consideration of future consequences. Associations between our measures of temporal discounting and outcomes related to substance use and gambling behavior were modest in our university sample. (shrink)