The paper suggests that the state is subject to assessment according to principles of social justice because state institutions or practices exercise forms of power over which no particular person has control. This rationale for assessment of social justice equally applies to legally optional or informal social practices. But it does not apply to individual conduct. Indeed, it follows that principles of social justice cannot provide a basis for the assessment and guidance of individual choice. The paper (...) develops this practice-based conception of the subject of justice by rejoining G. A. Cohen's influential critique of Rawls’ focus on the “basic structure” of society. (shrink)

This essay provides a critical examination of Rawls' (and Rawlsians') conception of self-respect, the social bases of self-respect, and the normative justification of equality in the social bases of self-respect. I defend a rival account of these notions and the normative ideals at stake in political liberalism and a theory of social justice. I make the following arguments: (1) I argue that it is unreasonable to take self-respect to be a primary social good, as Rawls and his interpreters characterize (...) it; (2) secondly, drawing on a distinction made by Darwall, I argue that recognition respect provides a far more suitable notion of respect for a theory of justice than Rawls' notion of appraisal respect; (3) thirdly, I argue that Rawls' treatment of self-respect and the social bases of self-respect as empirical conceptions should be rejected in favor of normative notions of a reasonable or justified self-respect and equality in reasonable social bases of self-respect; (4) I argue that Rawls' notions of political liberalism and public reason provide a way of grounding a notion of the reasonable social bases of self-respect in political ideals of the person implicit in modern economic institutions, and family relations, ignored by Rawlsians—but as central to reasonable social bases of self-respect and justice, as Rawlsians' ideal of persons as free and equal citizens. (shrink)

The feasibility constraint on the concept of justice roughly states that a necessary condition for something to qualify as a conception of justice is that it is possible to achieve and maintain given the conditions of the human world. In this paper, I propose three alternative interpretations of this constraint that could be derived from different understandings of the Kantian formula ‘ought implies can’: the ability constraint, the motivational constraint and the institutional constraint. I argue that the three (...) constraints constitute a sequence in the sense that accepting the motivational constraint presupposes that we accept the ability constraint, and to accept the institutional constraint presupposes that we accept both previous constraints. Adding the possibility of rejecting all three constraints, we get four distinct metatheoretical positions that theorists could take vis-à-vis the feasibility constraint on justice. (shrink)

This paper argues that, with modification, Rawls's social contract theory can produce principles of distributive justice applying to the severely disabled. It is a response to critics who claim that Rawls's assumption that the parties in the original position represent fully cooperating citizens excludes the disabled from the social contract. I propose that this idealizing assumption should be dropped at the constitutional stage of the contract where the parties decide on a social minimum. Knowing that they might not be (...) fully capable of social cooperation, the parties will choose a social minimum that is as high and comprehensive as is compatible with the difference principle. This will ensure that the disabled have an adequate income. (shrink)

A main issue in Swedish school debate is the question of how to teach the student a common value system based on democracy and western humanism. The debate is rather intense, to say the least. Not only is the premise that there exists one value system that we share a target for critique, but there is also the question of what value education is or could be. There is, as well, quite a body of research on children's moral development, where (...) many take as their departure the work of Kohlberg. However, there has been little or no attention on how the individual learner conceptualizes and makes meaning out of ethical issues. That is, descriptions of processes. In this paper we will present what we take to be urgent questions that need to be investigated against the background of prior research and practical work at Södra teatern in Stockholm, Sweden. For eight years in a row, Södra teatern has had as a main project to lead a practice on the subject of philosophy with children. Several groups of youths in the age of nine to eighteen have regularly met to discuss philosophical thoughts and problems, which in a democratic manner are settled for discussion by the participants. Today this philosophical practice has spread to the north of Sweden. In Backman's final exam within the teacher education she has explored the development of children's (7‐8 years old) ability to argue for different ethical positions, both verbally and in writing and painting. This practice has been inspired by the tradition at Södra teatern, but customized to fit a regular school class in Luleå, with very little experience of philosophical discussion. In the very short period of five weeks Backman has been able to see quite significant changes in the children's ability to argue for their ethical positions. The study was initiated by examining some argumentative abilities of the pupils, for instance the ability of expressing an argument for an ethical position in writing. In the final part of the study, the same ability was examined in very similar circumstances, and the augment of expressed arguments in writing was significant. Another consideration that was raised as a consequence of the study regards the pupil's conceptualizing of ethical issues. In some conversations about the notion of justice it became clear that children interpreted the term very differently. This is not very surprising but important to pay further attention to. As mentioned earlier, there has been very little attention on how individual children conceptualize ethical issues. In this paper we argue that more interest should be put on investigating these issues in more depth, and we will do this by an outlining of a research application. (shrink)

The subject of this study are the argumentation strategies applied by the Polish and German apex courts competent in criminal matters, namely the Supreme Court and the Federal Court of Justice, respectively. The investigation encompasses a total of 200 rulings issued by the criminal panels of these bodies. Particular focus was put on examining which arguments both courts apply to solve interpretation problems, and secondly, how these courts systematize the interpretation process. Methodologically, the examination utilizes, inter alia, the principles (...) of qualitative research, without neglecting the legal dogmatic perspective. A crucial theoretical foundation underlying this study is the distinction between formalistic and substantive legal cultures. The examination reveals that neither the Polish nor the German legal culture is purely formalistic or value-oriented. Nevertheless, the Supreme Court of Poland shows greater affinity for formalistic arguments, whereas the substantive interpretation methods are more widespread in the judicature of the German Federal Court of Justice. In particular, the Polish Court prefers the linguistic interpretation, whereas the German Court favours the purposive approach. (shrink)

In the past decade, scholars such as Samuel Freeman, Martin O’Neill, Alan Thomas and others have argued that no matter how widely Rawls’s theory of justice (TJ) was understood as a defence of the welfare state (WS), the socio-economic system Rawls defends and always defended is property-owing democracy (POD). In this article I present the argument that Rawls did not defend POD in TJ. However, while the claim that it was POD the socio-economic system implied by the principle of (...) difference generated heated reactions by defenders of the WS, the argument I raise differs from most of them. In the article I maintain that, for Rawls, principles of justice underdetermine the choice of social systems, and that although this is true of both principles, it is especially true of the difference principle, whose ability to arbitrate between different social and economic policies is limited. I show how the attempt to uniquely determine the set of social and economic policies authorized by the difference principle clashes with what Rawls explicitly states in TJ and contrasts with central aspects of his sociological and political conception of socio-economic decision-making. Although my aim is to show that the difference principle itself does not discriminate among socio-economic systems, this does not preclude that additional reasons can help in narrowing the range of socio-economic systems allowed. With reference to the ideal of social union that Rawls expounds in the third part of TJ, I argue that TJ does, in fact, offer additional reasons to appraise the WS as preferable to POD. I maintain that the centrality Rawls attributes to the social unity of a just society provides the basis for an understanding of Rawls’s position towards POD after TJ. (shrink)

In recent years, scholars in science and technology studies have examined the advice that experts make for the governance of biomedicine. This STS scholarship, however, has not yet explained how the credibility of ethics expertise in public bioethics is produced from particular conditions and extended to different settings. This article describes how a bioethics commission created the ethical principle of justice and examines how the ethics expertise established public credibility on the justice principle. The findings suggest that the (...) principle of justice was first explored as the diverse concepts of “equality” with reference to the review of fetal research, redefined as “fairness” or “desert” from theoretical viewpoints, and then circulated as a standard framework in local settings. The credibility of ethics expertise, based on the coproduction of material and moral orders, was made possible by reaching common ground among different data, principles, and background theories. (shrink)

The left's reluctance to embrace political liberalism is based, in part, on the persistent misunderstandings of justice as fairness. In What's Left of Liberalism? Jon Mandle provides a systematic overview of the theory, discussing its basic structure and describing the models of society and the person, as well as the idea of public reason, that it supports. Mandle also considers the challenges posed to political liberalism by communitarianism and postmodernism, offering critiques of theorists such as Edmund Burke, Michael Oakeshott, (...) and Roger Scruton; and Jacques Derrida, Richard Rorty, and Michel Foucault. Scholars will find Mandle's arguments thought-provoking, while students will find his clarification of Rawls a useful supplement to the original texts. (shrink)

This article proposes that we recognize ‘accountability’ as a forward-looking virtue, which disposes its possessors to live accountably in relation to those to whom they are rightly answerable, and which can be sub-divided into ‘particular accountability’, exercised within specific and limited relationships, and ‘ultimate accountability’, regarding the shape of one’s life as a whole. The article then proposes that these two forms of accountability find close analogues in two virtues which Thomas Aquinas described as ‘annexed to justice’, namely ‘obedience’ (...) and ‘religion’. (shrink)

In his important new book National responsibility and global justice, David Miller presents a systematic challenge to existing theories of global justice. In particular, he argues that cosmopolitan egalitarianism must be rejected. Such views, Miller maintains, would place unacceptable burdens on the most productive political communities, undermine national self-determination, and disincentivize political communities from taking responsibility for their fate. They are also impracticable and quite unrealistic, at least under present conditions. Miller offers an alternative account that conceives global (...) justice in terms of a minimum set of basic rights that belong to human beings everywhere. Primary responsibility for securing such rights for an individual lies with his or her state, but in so far as these rights go unprotected, responsibilities for fulfilling them may fall on outsiders. While less ambitious that cosmopolitan egalitarian justice, Miller argues that his own view would nevertheless enable us to articulate what is most morally objectionable about our current world. In this article it is argued that none of Miller's critiques of cosmopolitan egalitarianism is effective, and that while certainly preferable to the status quo, a world governed by Miller's principles is not an attractive ideal. (shrink)

In Freedom's Right Axel Honneth seeks to provide a theory of justice by appropriating Hegel's account of ethical substance in the Philosophy of Right, but he wants to do so without endorsing Hegel's more robust idealist commitments. I argue that this project can only succeed if Honneth can offer an alternative, comparatively robust demonstration of the rationality and normative coherence of existing social institutions. I contend that the grounds Honneth provides for this claim are insufficient for his purposes. In (...) particular, I argue that Honneth's claim that “justice and individual self-determination are mutually referential,” even were it to be accepted, would be insufficient to underwrite his more robust identification between the normative foundations of justice, autonomy and reciprocal self-realization. In the final section of the paper, I turn to Honneth's analysis of the “social institution” of friendship, which he, following Hegel, holds up as a paradigmatic instantiation of social freedom understood as, in Hegel's words, “being with oneself in another” . I argue that an analysis of the normative import of friendship wholly in terms of mutual recognition misses an important aspect of the kind of self-realization that friendship makes possible. (shrink)

In the case of Japan, we accepted the Chinese philosophy of morality when we received the Chinese character Yi: it means responsibility to Heaven (vertical) and, at the same time, responsibility to community (horizontal). An act having this structure might be our responsibility as human beings: yi means “justice”, keeping balance between Heaven and Earth. The Japanese people had such a balance until the Edo era. In 1868, when the Meiji Restoration occurred, the Japanese government tried to accept Western (...) ideas. Cyoumin Nakae introduced the Western philosophy of law and the constitutional system. He translated Rousseau’s The Social Contract into Japanese and gave a series of lectures on the social contract. The fundament of his thought is concentrated in the “rights of Liberty”. He emphasized transcendental liberty beyond personal, phenomenal liberty and found the same structure in Mencius. His idea of ft suggests the way of justice. Unfortunately, this idea was crushed with the death of his talented disciple in prison. After the book of Bushido, ft was only translated as “duty” for the community (horizontal), and we lost the vertical perspective: transcendental liberty. (shrink)

A recent joint study by the Council of Europe and the United Nations focused on the criminality surrounding organ donations. Published in October 2009, it points out the various violations of the international prohibition on the trafficking of organs. This paper will first analyze this study and then contextualize it in the current discourse about organ donation in the Philippines. Finally, the issue of organ donation will be put in the wider discourse of justice in organ transplantation.Organ donation and (...) trafficking are much debated issues in medical ethics. This paper will discuss this problematic in three specific dimensions. After an explanation of the general lines of the debate on organ transplantation , it will analyze the recently published joint report of the Council of Europe and the United Nation on the trafficking of organs . The discussion afterwards will be situated in the concrete cultural, ethical and legal framework of the Philippines as a test case for the validity and applicability of the reports recommendation . Lastly, it will conclude with some ethical considerations on the horizon of an elaborate concept of justice. (shrink)

With our state-guaranteed or internationally recognized human rights, liberalism is rather a common basis of political discussion today. John Rawls’s theory of justice, which set a framework for liberal theory of justice in the last decades of the twentieth century, is notably contractarian. Martha Nussbaum, although claiming to be a neo-Aristotelian, argues that her capabilities approach (hereafter CA) can upgrade the liberal theory of justice, particularly that of political liberalism, to deal with unsolved problems of justice, (...) namely, disability, nationality, and species membership. However, this paper argues that her proposal issuccessful only when her CA-based theory proves its affiliation with political liberalism in more detail. As defined by Rawls, political liberalism produces “free-standing” political conceptions and rejects any metaphysical or religious ideas. It halts conceptions of justice that promote conceptions of good derived from particular comprehensive doctrines. I do not believe a mere convergence between CA and contractarianism is sufficient enough to secure the rational acceptability of her CA-based theory. I suggest that if she wishes to maintain her CA-based theory’s being politically liberal, she either has to prove more of the public, in particular the global public, acceptability of her intuitive ideas of human dignity without relying on her intuitions or alter the meaning of political liberalism itself so that it allows a room for some sort of comprehensive doctrine. (shrink)

The ideas of philosopher John Rawls should be appropriated for the information age. A literature review identifies previous contributions in fields such as communication and library and information science. The article postulates the following neo-Rawlsian propositions as co-ordinates for the development of a normative theory of the information society: that political philosophy should be incorporated into information society studies; that social and technological circumstances define the limits of progressive politics; that the right is prior to the good in social morality; (...) that the nation state should remain in sharp focus, despite globalization; that liberty, the first principle of social justice, requires updating to deal with the growth of surveillance and other challenges; that social wellbeing is a function of equal opportunities plus limited inequalities of outcome, in information as well as material resources; and that political stability depends upon an overlapping consensus accommodating both religion and secularism. Although incomplete, such co-ordinates can help to guide policy-makers in the twenty-first century. (shrink)

The difficulty in discovering a difference between killing and letting die has led many philosophers to deny the distinction. This paper seeks to develop an argument defending the distinction between killing and letting die. In relation to Rachels’ cases, the argument is that (a) even accepting that Smith and Jones may select equally heinous options from the choices they have available to them, (b) the fact that the choices available to them are different is morally relevant, and (c) this difference (...) in available choices can be used to distinguish between the agents in certain circumstances. It is the principle of justice, as espoused by Aristotle, which requires that equal things are treated equally and that unequal things are treated unequally that creates a presumption that Smith and Jones should be treated differently. The magnitude of this difference can be amplified by other premises, making the distinction morally relevant in practical reality. (shrink)

This article is part of an ‘Author meets author' exchange that focuses on my recent book, Justice for People on the Move, and Serena Parekh’s forthcoming book, No Refuge. I describe some of the way...

With regard to the problem of world poverty, libertarian theories of corrective justice emphasize negative duties and the idea of responsibility whereas utilitarian theories of help concentrate on positive duties based on the capacity of the helper. Thomas Pogge has developed a revised model of compensation that entails positive obligations that are generated by negative duties. He intends to show that the affluent are violating their negative duties to ensure that their conduct will not harm others: They are contributing (...) to and profiting from an unjust global order. But the claim that negative duty generated positive obligations are more acceptable than positive duties is contestable. I examine whether Henry Shue’s model that is integrating negative duties and positive duties is more convincing concerning the foundation of positive duties to protect others. I defend the idea that there are positive duties of justice. This approach can integrate an allocation of positive duties via responsibility and maintain the advantage of an independent foundation of positive duties. (shrink)

First published in 1997, this volume delves into the most influential theories of economic justice, which ground themselves in utilitarian or related contractarian ideas about the self. These ideas take self-interest to be transparent and unproblematic. Favoured assumptions about the self also make scarcity the primary reality with which economic justice must deal. Much is lost in consideration of the justness of economic arrangements when we take the wants and interests of the self for granted in this way, (...) and treat scarcity as a premise. In this book the author places the discussion of economic justice on a sounder foundation as regards the nature and ends of the self. The book begins with a discussion of the self as a structure, and proceeds to consider aspects of self-interest, public ends, economic welfare, needs and wants, the limits of the market, economic democracy, global inequality, and justice as the end of development. (shrink)

This essay argues that Hume's theory of justice can be useful in framing a more persuasive case for universal access in health care. Theories of justice derived from a Rawlsian social contract tradition tend to make the conditions for deliberation on justice remote from the lives of most persons, while religiously-inspired views require superhuman levels of benevolence. By contrast, Hume's theory derives justice from the prudent reflections of socially-encumbered selves. This provides a more accessible moral theory (...) and a more realistic path to the establishment of universal access. (shrink)

“Politeness” appears to be connected to a quite disparate set of related concepts, including but not limited to, “manners,” “etiquette,” “agreeableness,” “respect” and even “piety.” While in the East politeness considered as an important social virtue is present (and even central) in the theoretical and practical expressions of the Confucian, Taoist and Buddhist traditions, (indeed politeness has been viewed in these traditions as central to proper education) it has not featured prominently in philosophical discussion in the West. American presidents Thomas (...) Jefferson, Benjamin Franklin and George Washington all devoted discussion to politeness within the broader ambit of manners and etiquette, as too did Erasmus, Edmund Burke and Ralph Waldo Emerson but on the whole sustained philosophical engagement with the topic has been lacking in the West. The richest source for philosophical investigation is perhaps afforded by the centrality of the concept of respect in Immanuel Kant.However in this paper we will instead draw on the writings of Aristotle and Thomas Aquinas to defend the centrality of “politeness” as an important and valuable moral virtue. Starting with an analysis of the broader Aristotelian arguments on the virtues associated with “agreeableness,” namely, friendliness, truthfulness and wit I will argue that “politeness” should be thought of as an important moral virtue attached to social intercourse (and by extension the vice of impoliteness). I then move to identify an even broader and more important account of politeness, drawing on the work of Aquinas, as intimately connected to the notion of pietas (piety) as a fundamental part of the virtue of justice. (shrink)

The first article is from 1958, "Justice as Fairness", Readings, p.241. It is divided into eight sections numbered with Roman numerals. I have underlined some phrases and written in some headings. Read Section I. The first two paragraphs give the reader some preliminary idea of what he will do in the rest of the article, the 3rd and 4th fend off possible misunderstandings. Read now section II. Some comments. First, in these two principles there are in fact four points: (...) (1) that there should be as much freedom as possible; (2) that people should be equally free; (3) that inequalities should be to everyone's advantage, and (4) that the better positions must be open to all (compare "equality of opportunity"). It is as if he supposes that freedom is a good thing and inequality a bad thing. (shrink)

The close connection between norms and motives that is characteristic of Hume’s moral theory threatens to break down when it comes to the political matter of justice. Here a gap arises between the moral approval of justice, which is based on its utility, and the desires that motivate just action, which utility cannot fully explain. Therefore the obligation to justice may seem to be motivationally unsupported. This difficulty is compounded by the fact that, for Hume, no obligation (...) can arise unless a normally effective motivation exists for it. In addition to disabling just action, then, the motivational deficit threatens to undercut the normative status of justice as a virtue. A solution to this dilemma lies in what Hume calls the “immediately agreeable” condition of “integrity” or “character.” The agreeableness of integrity indirectly confers upon justice a luster that makes it attractive and obligatory even when it does not actually serve the interests of individual or society, and when self-interest and sympathy fall short in sustaining compliance. (shrink)

RESUMO O objetivo do presente trabalho é propor, mediante o papel que a relação entre método e objetivos desempenha em "A theory of justice", uma possível leitura da abordagem contratualista sui generis adotada por Rawls em sua obra-prima. De modo particular, aproveitaremos, como ponto de partida, duas críticas que Onora O'Neill apresenta em uma de suas últimas intervenções sobre o pensamento de Rawls. Tentaremos mostrar, então, como tais críticas padecem de certa inconsistência, na medida em que for enfatizada a (...) complementaridade entre alguns aspectos metodológicos e os objetivos gerais assumidos em "A theory of justice", sobretudo, no que diz respeito à caracterização da posição original como situação ideal de deliberação entre agentes racionais que se reconhecem como livres e iguais em sua pluralidade. Nesse sentido, concentrar-nos-emos na interpretação do nexo entre o véu de ignorância e o equilíbrio reflexivo como momento constitutivo de um processo de reflexão prática em que interagem, sem contradição, racionalidade lógicoformal e razoabilidade das restrições. Daí, indicaremos, em linhas gerais e de maneira absolutamente provisória, em que termos nos parece possível compatibilizar construtivismo e contratualismo em "A theory of justice". ABSTRACT The aim of this paper is to propose, through the role that the relationship between method and objectives plays in "A theory of justice", a possible reading of the contractarian sui generis approach adopted by Rawls in his masterpiece. In particular, we will take advantage, as a starting point, of two critical objections that Onora O'Neill presents in one of her latest interventions on Rawls' thought. Then, we will try to show how such critical objections are somewhat insubstantial, to the extent that the complementarity between some methodological aspects and the general objectives assumed in "A theory of justice" is emphasized, especially with regard to the characterization of the original position as ideal situation of deliberation among rational agents who recognize themselves as free and equal in their plurality. In this sense, we will focus on the interpretation of the link between the veil of ignorance and the reflective equilibrium as a constitutive moment of a process of practical reflection in which logical-formal rationality and reasonableness of restrictions interact, without contradiction. Hence, we will indicate, in a general and absolutely provisional way, in which terms it seems possible to reconcile constructivism and contractualism in "A theory of justice". (shrink)

Income redistribution and insurance are core functions of welfare states. What role should the EU play in this domain? I examine the purchase of normative theorizing on social justice on this question, focusing on the contrast between three models of EU involvement: the EU as Support, which implies the sharing of resources through intergovernmental transfers; the EU as Provider, which implies EU cross‐border transfers towards individual citizens; the EU as Norm‐setter, which implies that the EU formulates normative policy ideals. (...) I review different accounts of justice for the EU and how they bear on the choice between these models of EU involvement. Conceptions of “background justice” have some purchase in a debate on the EU's role, but that purchase is limited. They need to be complemented by shared conceptions of domestic justice and a degree of moral cosmopolitanism. I argue that a “European Social Union” should be a Support and Norm‐setter in the realm of insurance and redistribution. Through the establishment of interstate insurance, it would be a true “insurance union.” It would engage in interstate redistribution, but there are no compelling reasons of justice for it to become a direct Provider of insurance or redistribution towards individual citizens. (shrink)

The debate between Habermas and Rawls that took place in 1990s concerned how philosophy can justify the principles of justice under the conditions of pluralism of different and irreconcilable moral, philosophical, and religious doctrines. The context of the debate was mainly Rawls’ Political Liberalism and Habermas’ Between Facts and Norms as well. This paper argues that a wider geo-cultural perspective is pertinent in order to better comprehend the different justification strategies in Habermas and Rawls, concerning the principle of (...) class='Hi'>justice. This goes for their different geo-cultural experiences and presuppositions – in short, Rawls living in a self-confident North America in the post-war period versus Habermas’ German experience of civilization breakdown. However, it might also be relevant for the assessment of these two strategies in our time, faced with new kinds of geo-political differences and conflicts. (shrink)

THE NUMBINGLY HIGH RATE OF INCARCERATION IN THE UNITED STATES poses a challenge to our images of justice, particularly given the indirect consequences for families and communities. Two key theological sources for justice, the lex talionis and the interpretation of Anselmian satisfaction, offer key insights for adjudicating between restoration and retribution. Yet a Christian ethical response capable of addressing mass incarceration must also examine the collateral consequences of imprisonment. This essay ultimately argues for an image of justice (...) that, while sensitive to restoration and retribution, is also attentive to community membership and the full scope of human relationality. (shrink)

New techniques in genome editing have led to a controversial debate about the opportunities and uncertainties they present for agricultural food production and consumption. In July 2018, the Court of Justice of the European Union defined genome editing as a new process of mutagenesis, which implies that the resulting organisms count as genetically modified and are subject, in principle, to the obligations of EU Directive 2001/18/EG. This paper examines how key protagonists from academia, politics, and the economy strategically framed (...) the debate around genome editing in agriculture in Germany prior to its legal classification by the Court of Justice. It is based on an analysis of 96 official statements, including position papers, press releases, and information brochures. Our study reveals eight strategic frames used in the discourse on genome editing and uncovers the strategies used to disconnect from or connect with the previous discourse on green genetic engineering in the 1970s, 1980s and 1990s. Building on competitive framing theory, the study provides explanations for the use and emergence of counter-framing strategies and their success or failure in the debate around genome editing. (shrink)

BackgroundThe expectation of pandemic-induced severe resource shortages has prompted authorities to draft and update frameworks to guide clinical decision-making and patient triage. While these documents differ in scope, they share a utilitarian focus on the maximization of benefit. This utilitarian view necessarily marginalizes certain groups, in particular individuals with increased medical needs.Main bodyHere, we posit that engagement with the disability critique demands that we broaden our understandings of justice and fairness in clinical decision-making and patient triage. We propose the (...) capabilities theory, which recognizes that justice requires a range of positive capabilities/freedoms conducive to the achievement of meaningful life goals, as a means to do so. Informed by a disability rights critique of the clinical response to the pandemic, we offer direction for the construction of future clinical triage protocols which will avoid ableist biases by incorporating a broader apprehension of what it means to be human.ConclusionThe clinical pandemic response, codified across triage protocols, should embrace a form of justice which incorporates a vision of pluralistic human capabilities and a valuing of positive freedoms. (shrink)

L’articolo si propone di mostrare alcuni aspetti della strategia platonica nella Repubblica. L’analisi è condotta ricostruendo in primo luogo il modo in cui si presentava a Platone la questione della giustizia, con particolare riferimento alla tradizione relativa a Dike e alla crisi della cultura cittadina ateniese, tra V e IV secolo; in secondo luogo segnala il rapporto ambivalente che Platone intrat¬tiene con la cultura socratica della giustizia interiore; si indirizza infine a mostrare le modalità costruttive con cui Platone propone di (...) risolvere il conflitto nell’anima e nella città, ricorrendo ad una poli¬tica delle emozioni che non necessariamente esclude la compas¬sione.This article intends to illustrate some aspects of the platonic strategy in the Republic. The analysis is carried out at first by revising the way in which Plato was faced with the question of justice, with particular emphasis on the Dike’s tradition and on the crisis of the Athenian urban culture, between the Vth and IVth centuries; secondly, it points out Plato’s ambivalent relationship with the Socratic culture of inner justice; it finally underlines the structural procedures according to which Plato intends to solve the conflict in the soul and in the city and to realize forms of social identity, resorting to a policy of emotions which does non necessarily exclude compassion. (shrink)

This article is concerned with the selection of an appropriate model of choice to underlie Rawls' two principles of justice. Rawls' first principle of justice states that basic liberty is not to be sacrificed for other objectives, including wealth. His second principle of justice suggests that even a minute decrease in the well-being of the least prosperous classes should not be accepted in exchange for an increase, no matter how large, in the well-being of more well-to-do citizens.

What do we owe to people in other countries around the globe? What do others owe to us? What does morality require of nation states in their policies toward other nation states and toward people other than co-nationals? (On the latter, see Buchanan 2004 and Rawls 1999). These questions define the subject matter of global justice theory.

a short text on the concept of justice by Walter Benjamin. The text was preserved by Gershom Scholem on 8 October 1916, the same method by which most of Benjamin's early writings have reached us. However, this piece somehow remained undetected by the editors of the Gesammelte Schriften. It first appeared in German and English in Metaphysics of the Profane, New York: Columbia University Press, 2003, pp. 166-169, with permission of the German publishers Suhrkamp Verlag. It is presented here (...) with a typographical error corrected. (shrink)

In this paper, we discuss the lack of consideration given to children in the COVID-19 health systems policy response to the pandemic. We do this by focusing on the case of children with complex medical needs. We argue that, in broad terms, health systems policies that were implemented during the pandemic failed adequately to meet our obligations to both children generally and those with complex medical needs by failing to consider those needs and so to give them fair protection against (...) harm and disadvantage. We argue that justice requires that the distinct needs and vulnerabilities of children with medical complexities are explicitly integrated and prioritised in decisions concerning healthcare and operational planning in the recovery phase and beyond. (shrink)

En partant d’une métaphore que l’on trouve dans le troisième appendice de l’Enquête sur les principes de la morale de David Hume, je compare les modalités du lien social correspondant respectivement aux « vertus naturelles » (bienveillance) et aux « vertus artificielles » (justice) qu’il détermine, en présentant les grandes notions humiennes s’y rapportant (sympathie, convention) et en confrontant Hume à deux philosophes contemporains qui, sur ces questions, font référence à sa pensée (David Lewis sur la convention, John Rawls (...) sur l’amour de l’humanité et la justice). J’étudie pour finir les contradictions possibles de la bienveillance et de la justice, dans la mesure où selon Hume certains actes isolés de justice, aussi indispensables soient-ils à la cohésion de la « voûte » de la justice, n’en posent pas moins certains problèmes du point de vue de la vertu de bienveillance qu’ils excluent, comme du point de vue de l’approbation morale dont ils font l’objet. À ce titre, ils constituent, comme l’écrit Hume, une « espèce de mal », ce que d’autres auteurs (Francis Hutcheson, Adam Smith ou même Rawls) ont à mon avis négligé. (shrink)

The article discusses the possible consequences that can be faced by a Member State of the European Union if its national court does not comply with the obligation to make a reference for a preliminary ruling to the Court of Justice. The TFEU does not specify any sanctions applicable to a state when its national court disregards its obligation under Article 267 TFEU. Therefore, the analysis focuses on the practice of the Court of Justice and its interpretation by (...) scholars. At the outset, the author analyses whether refraining from making a reference for a preliminary ruling can lead to the duty to pay damages to an individual. Taking into account the criteria of a sufficiently serious breach formulated in the Köbler case, the author comes to the conclusion that the infringement of the obligation to make a reference for a preliminary ruling is one of the most important criteria in assessing whether a Member State has to pay damages for any loss suffered by an individual, but the infringement itself is not sufficient to make a state liable. (shrink)

This field survey in a fast food restaurant setting tested the hypothesized influences of two social context variables (role responsibility and interests of group members) and justice evaluations (distributive, procedural, and retributive) on respondents' inclination to report theft and their theft reporting behavior. The results provided mixed support for the hypotheses. Inclination to report a peer for theft was associated with role responsibility, the interests of group members, and procedural justice perceptions. Actual reporting behavior was associated with the (...) inclination to report and with retributive justice evaluations. Implications for future research and for management are discussed. (shrink)

Theories of social justice are necessarily abstract, reaching beyond the particular and the immediate to the general and the timeless. Yet such theories, addressing the world and its problems, must respond to the real and changing dilemmas of the day. A brilliant work of practical philosophy, Frontiers of Justice is dedicated to this proposition. Taking up three urgent problems of social justice neglected by current theories and thus harder to tackle in practical terms and everyday life, Martha (...) Nussbaum seeks a theory of social justice that can guide us to a richer, more responsive approach to social cooperation. The idea of the social contract--especially as developed in the work of John Rawls--is one of the most powerful approaches to social justice in the Western tradition. But as Nussbaum demonstrates, even Rawls's theory, suggesting a contract for mutual advantage among approximate equals, cannot address questions of social justice posed by unequal parties. How, for instance, can we extend the equal rights of citizenship--education, health care, political rights and liberties--to those with physical and mental disabilities? How can we extend justice and dignified life conditions to all citizens of the world? And how, finally, can we bring our treatment of nonhuman animals into our notions of social justice? Exploring the limitations of the social contract in these three areas, Nussbaum devises an alternative theory based on the idea of capabilities. She helps us to think more clearly about the purposes of political cooperation and the nature of political principles--and to look to a future of greater justice for all. (shrink)